Studies in Moro History, Law, and Religion Part 21

INTRODUCTION

This book is a guide to the proper execution of the duties of office in accordance with the law and the rules of the country. It is concurred in by all and is promulgated with the general consent of all datus, ministers, panglima, and subordinate officers of state.

May G.o.d enhance by it the good and prosperity of our country.

This at 9 o'clock, Sat.u.r.day, the 11th of the month Jul Kaidat of the year B, which corresponds to the year 1320 A. H.

This is to proclaim hereby the decrees of Padukka Mahasari Mawlana Hajji Mohammed Jamalu-l-Kiram.

The subjects discussed in the following articles are, first, theft; second, murder; third, adultery; fourth, opprobrium; fifth, cases arising from unwitnessed purchase; sixth, false claims; seventh, unlawful or unauthorized exactions; eighth, debt; ninth, finds; tenth, unjust actions and decisions.

To every crime or misdemeanor which comes under these articles a fine is attached, differing according to the nature and the degree of the crime.

THE CODE

Article I

Section 1. The thief shall be fined seventy pesos, no matter what he steals. The fine shall always be seventy pesos irrespective of the person robbed, be he low or high in rank. The manner in which the fine shall be divided between the person robbed and the treasury differs.

(a) If the sultan's property is stolen, fifty pesos shall go to the sultan and twenty pesos to the treasury.

(b) If datus with official t.i.tles or Twan Habib Mura are robbed, forty pesos shall go to the person robbed and thirty pesos shall go to the treasury.

(c) If other datus or Twan Hajji Butu or a descendant of a Sarip are robbed, thirty-five pesos shall be paid to the person robbed and thirty-five to the treasury.

(d) If a minister of rank and official t.i.tle or a hajji in the council of the sultan is robbed, thirty pesos shall be paid to the person robbed and forty pesos to the treasury.

(e) If a minister of rank without any official t.i.tle or a panglima pihaq [22] or a pandita of the capital is robbed, twenty-five pesos shall be paid to the person robbed and forty-five to the treasury.

(f) If a subordinate officer of state or an agent of the sultan or a country pandita is robbed, twenty pesos shall be paid to the person robbed and fifty to the treasury.

(g) If a common person is robbed, fifteen pesos shall be paid to him and fifty-five to the treasury.

(h) The thefts referred to above include cattle, slaves, and every article of value.

Sec. 2. (a) If a free person is abducted, the fine shall be divided equally between his agnate and cognate heirs and the treasury.

(b) The abducted person should be returned. No one except the child or wife of the abductor, in case the abductor is a free man, can be subst.i.tuted for the abducted person.

(c) If a free person is abducted by a slave, the master of the slave will be held responsible. If the abducted person is not returned, the abducting party, whether one person or many, will be taken instead.

(d) Small thefts below the value of one peso shall not be punishable by fines. The stolen object shall be returned twofold and the thief shall suffer fifty lashes.

Article II

Section 1. Murder is of four kinds--the first is intentional; the second, semiintentional; the third is accidental; the fourth, murder committed by a crowd.

Sec. 2. The fine for intentional murder shall be one hundred and five pesos; seventy for the agnate and cognate heirs of the murdered person and thirty-five for the treasury.

Sec. 3. An attempt to kill that does not result in death shall be punished by a fine of fifty-two pesos and a half; thirty-four pesos and a half shall be paid to the near relatives of the attacked or injured person and eighteen pesos shall be paid to the treasury.

Sec. 4. All cases of semiintentional and of accidental murder and cases of murder committed by a crowd shall be treated alike and fined equally. The fine shall be fifty-two pesos and a half; thirty-four pesos and a half shall be paid to the heirs of the murdered person and eighteen pesos to the treasury.

Sec. 5. If more than one person is killed, one hundred and five pesos shall be paid for each person killed as his blood money.

Article III

IMMORAL CONDUCT

Section 1. If a married woman commits adultery, she shall become the slave of her husband, and the guilty man shall pay a fine of one hundred pesos to the treasury, and in case he can not pay that sum he shall become a slave himself.

Sec. 2. If a married woman is simply guilty of immoral conduct, such as a kiss or an embrace with another man, and quickly reports the facts to her husband or his immediate relatives, her conduct will then be regarded as compulsory and she will not be liable to any punishment; but the man shall be liable to a fine of one hundred pesos, half of which shall be paid to the husband of the woman and the other half to the treasury.

Sec. 3. The abduction of a woman and cases of compulsory marriage shall be treated alike. The guilty man shall pay a fine of fifty pesos, out of which the treasury shall receive twenty pesos.

The woman's dower under such circ.u.mstances will be like that of her mother, and nothing else of the usual formalities shall be given to her people.

Sec. 4. In cases of seduction, admitted or inferred by the woman's request to marry the man, both man and woman shall be fined. The man shall pay a fine of fifty pesos, twenty of which shall be paid to the treasury, and the woman shall pay a fine of ten pesos to the treasury.

Sec. 5. Cases of elopement are considered as seduction, though there be no actual s.e.xual intercourse between the man and the woman, because elopement occurs by the mutual consent of both parties.

Sec. 6. (a) In case a woman was regularly engaged and has lost her virginity, her dower and her basingan (the bridal price expressed in ounces of gold, and paid to the parents of the bride) and all other gifts shall be returned to her husband. The expenses of the marriage, as of rice and meat, etc., shall not be paid back.

(b) But in case a woman who has lost her virginity is abducted or married by compulsion, the husband shall forfeit all claim to her dower or her basingan, etc.

Sec. 7. (a) If a male slave commits adultery with a married free woman, he becomes the slave of her husband.

(b) If a free man commits adultery with a married slave woman, he becomes the slave of her husband.

(c) If a male slave commits adultery with a married female slave, he becomes the property of her master.

(d) Cases of seduction or marriage between slaves, in which the woman is a maid, shall be treated the same as if they were free persons, except that the fines shall be half as much.

Article IV

OPPROBRIUM

Section 1. An adult who insults, abuses, defames, or slanders another adult, without any provocation or in a way that is inappropriate to the guilt committed, shall, if brought to trial, be fined ten pesos.

Sec. 2. Children who commit the aforesaid offense are not liable to trial.

Sec. 3. If in such cases an adult interferes with children and hurts a child, he shall compensate for the harm done.

Sec. 4. If in such cases an adult interferes with children and he hurts himself, he forfeits all claim for compensation.