Studies in Moro History, Law, and Religion Part 18

41. If a woman is held as security for debt, and her trustee cohabits with her, without the knowledge and consent of the debtor, his action shall be regarded as adultery and he shall pay her dower. If such cohabitation is with the consent of the debtor, no blame shall attach to such action, but the creditor shall pay her dower. The child born under such conditions shall be regarded as a free child, but his value shall be paid to the debtor.

42. In cases of difference between the debtor and the creditor in reference to the security and its value, the debtor's statement shall be sustained if confirmed by oath.

43. The creditor shall not be held responsible for the unavoidable loss or destruction of the security.

44. In cases of difference between the princ.i.p.al and his agent in reference to the compliance of the latter with the instructions of the former, the statement of the princ.i.p.al shall be sustained if confirmed by oath.

45. The penalty for adultery committed with a married woman shall be eighty lashes.

46. If an agent is intrusted with the payment of a debt of his princ.i.p.al and is sued by the creditor for his failure to pay the debt, the statement of the creditor shall be valid if confirmed by oath.

47. The penalty for adultery committed with an unmarried woman is, according to the letter of the law, stoning to death of both adulterers. This is generally reduced to 100 lashes for each offender.

48. The judge shall first hear the evidence of the plaintiff if he has any, and render judgment accordingly. If no evidence is produced, the statement of the defendant shall be valid if confirmed by oath.

49. The punishment for adultery committed by slaves is fifty lashes.

50. In stoning adulterers both men and women shall be buried to the level of the chest and the stones shall be of medium size.

51. If a man has s.e.xual intercourse with the slave of another man and she dies during childbirth, he shall pay a fine equal to her value.

52. If a married Mohammedan is killed by a Christian on account of adultery, the Christian shall be put to death; but if he is killed by another Mohammedan, the latter Mohammedan shall not be put to death.

53. If a plaintiff proves by evidence his owners.h.i.+p to a certain animal or tree, he shall be ent.i.tled to the future produce of that animal or tree.

54. If a person secures a lease on a certain piece of land for the purpose of cultivating it, he shall be bound by the terms of the lease whether he cultivates the land or not. The payment is generally made at harvest time.

55. If a slave runs away from his master and seeks refuge in the house of another person who knows the master of the slave and such person does not inform the master of the slave of the fact, such person shall be held responsible for the slave whether the slave stays with him or runs away again.

56. If a husband's absence is unusually long and no information can be obtained concerning him, his wife shall not marry another person unless she knows surely that he is dead or that she is divorced.

57. If a s.h.i.+p is in danger of foundering, the cargo should be cast overboard for the purpose of saving the pa.s.sengers; but if a person cast overboard another person's property without order or permission, he shall be held responsible for the loss.

58. If a person under conditions similar to the preceding case orders another person to cast his property overboard and such other person casts his property overboard, no responsibility shall be attached to the order, unless express responsibility is stated in the order.

59. The estate of a deceased person shall be held as security for the payment of his debt, whether the debt be known to his heirs prior to or after the division of the estate.

60. The heir has the right to take possession of the estate if he pays the debt with his own money.

61. No punishment shall attach to accidental murder while hunting, whether the shooting be voluntary or forced.

62. If in such a case a fine is imposed, it shall be equally divided between the shooter and the person who ordered the shooting.

63. If a person shoots at a tree and kills a person, or shoots at a person and kills another, such murder shall be regarded as accidental murder.

64. If a person is ordered to climb a tree and he falls and dies, no blood money shall be paid by the person who gave the order, for such murder is not intentional.

65. If a person claims that a certain child was born of a female slave who conceived the child while in his possession, and confirms his claim by witness and by oath, his claim shall be valid and the child shall be regarded as a free child.

66. If a person claims that a certain slave had been his and was liberated, and his claim is confirmed by a witness and by oath, the slave shall be liberated again.

67. If two parties differ as to whether a certain property belongs to one of the parties or to both of them as partners, the statement of the party in charge of the property shall be valid if confirmed by oath.

68. If a person claims that the partners.h.i.+p has been dissolved and that a certain property has become his own, and his claim is contested by another party to the partners.h.i.+p, the statement of the latter party shall be valid if confirmed by oath.

69. If a person who is a party to a partners.h.i.+p buys a certain property and states that such property has been bought for the partners.h.i.+p, and his statement is contested by another party to the partners.h.i.+p, the statement of the purchasing party shall be valid if confirmed by oath.

70. G.o.d said, "The punishment for murder has been ordained for you, a free person for a free person, a slave for a slave, and a woman for a woman."

71. Such punishment shall not be executed without the authority of the Imam (Caliph).

72. A free person shall not be put to death for killing a slave, but all grades of slaves shall be subject to such punishment.

73. A free woman or a hermaphrodite shall be regarded as half a man in all considerations referring to person or injury.

74. If a free man divorces his wife three times or a slave divorces his wife twice, it shall not be lawful for either of them to marry the same woman again before she has been married to another person.

75. A nonpregnant woman shall mourn for her husband four months and ten days in full. A nonpregnant slave woman shall mourn for her husband two months and five days.

76. G.o.d said: "Your widows shall not be allowed to marry again before the lapse of four months and ten days. Pregnant widows shall not marry again before childbirth."

77. A divorced wife who is still in the period of suspension can inherit unless she has been divorced three times.

78. If a person throws sweepings or melon rinds on the road, he shall be responsible for the consequences.

79. If a person helps a child or insane person to poisoned food, he shall be punished.

80. Adults and sane persons shall be liable to punishment for murder; an intoxicated man is also liable to punishment for the same offense.

81. Intentional intoxication fixes the liability to punishment.

82. A defendant's plea on the ground that he was a child or insane at the time the murder or crime was committed, if reasonable and confirmed by oath, shall be valid.

A child is exempt from oath and from punishment.

83. If a person startles a minor standing near the edge of a roof (flat roof) and the minor falls and dies on that account, he shall pay a heavy fine.

84. If a minor is accidentally alarmed and falls from a roof and dies, the fine shall be light.

85. Injuries done to a slave are compensated for by the amount of the reduction affecting his value.

86. Similar to 85.

87. A slave is liable to fine for his crimes; his master shall either pay his fine for him or sell him to pay the fine, if the price exceeds the fine. If the fine exceeds the price, the slave shall be held personally responsible.

88. In case the plaintiff can not produce evidence or witness, the defendant shall take the oath. But if the defendant refuses to take oath, the plaintiff shall take oath and confirm the charge.

89. If the plaintiff claims that a certain adult person is his slave, and the defendant denies the charge, the defendant's statement shall be valid if confirmed by oath.