Arabic Marginal Quotations of the Luwaran
Introduction
These quotations are given here in the same order in which they appear on the margin of the original copy of the Luwaran, with only a few clerical corrections. They are selections from Arabic books on law and religion, and form the basis of the Magindanao law as given in the Luwaran. The order they come in does not always conform to the order of the corresponding articles of the Luwaran to which they are appended. The Magindanao judges who prepared the Luwaran used these texts or quotations as authority for the corresponding Magindanao articles they made. But subsequent scribes must have changed the order of these texts on account of their ignorance of the meaning of the Arabic text and the places where they should be applied.
For aid in reference the following table is prepared:
| Article of Luwaran | Corresponding Arabic marginal quotations |
| 1 | 1 |
| 2 | 2 |
| 3 | 3 |
| 4 | 4 |
| 5 | 4 |
| 6 | 8, 9 |
| 7 | 7 |
| 8 | 12 |
| 9 | ---- |
| 10 | ---- |
| 11 | 14–16 |
| 12 | ---- |
| 13 | ---- |
| 14 | 17 |
| 15 | 18, 19 |
| 16 | 19 |
| 17 | 20, 21 |
| 18 | 23 |
| 19 | 26 |
| 20 | 25 |
| 21 | 13 |
| 22 | 27 |
| 23 | 30 |
| 24 | 29 |
| 25 | 31 |
| 26 | 32 |
| 27 | 33 |
| 28 | 34 |
| 29 | 36 |
| 30 | 37 |
| 31 | 38 |
| 32 | 39 |
| 33 | 40 |
| 34 | 41 |
| 35 | 42 |
| 36 | 43 |
| 37 | 44 |
| 38 | 45 |
| 39 | 46 |
| 40 | 47 |
| 41 | 48 |
| 42 | 49 |
| 43 | 50 |
| 44 | 51 |
| 45 | 52 |
| 46 | 53 |
| 47 | 54 |
| 48 | 55 |
| 49 | 56 |
| 50 | 57, 58 |
| 51 | 59, 60 |
| 52 | 61–63 |
| 53 | 64 |
| 54 | 65 |
| 55 | 66 |
| 56 | 67–69 |
| 57 | 70–72 |
| 58 | 73 |
| 59 | 74 |
| 60 | 75, 76 |
| 61 | 78 |
| 62 | 79 |
| 63 | 81 |
| 64 | 82 |
| 65 | 83 |
| 66 | 84 |
| 67 | 85, 86 |
| 68 | 87 |
| 69 | 88 |
| 70 | 89 |
| 71 | 90 |
| 72 | 91 |
| 73 | 92 |
| 74 | 93 |
| 75 | 94 |
| 76 | 95, 96 |
| 77 | 97 |
| 78 | 98 |
| 79 | 99 |
| 80 | 100–103 |
| 81 | 104 |
| 82 | 105 |
| 83 | 106 |
| 84 | 107 |
| 85 | 108 |
Translation of the Arabic Marginal Quotations of the Luwaran
1. The person in charge of a property the subject of a suit has the first right to that property; his right must, however, be confirmed by oath. If both parties have charge of the property, their rights shall be regarded equal, and both parties shall take oath.
2. The compensation for a slave shall be equal to his value. The loss of a limb shall be compensated for by the amount by which that loss reduces the value of the slave.
3. No indemnity shall attach to the loss or damage of an article borrowed if such loss or damage be incurred in the proper use of such article.
4. The plea of the defendant in reference to the loss of a borrowed article shall be confirmed by oath. In cases of doubt the loss shall be established first by evidence, and the plea of the defendant shall then be confirmed by oath.
5. If the borrowed article or property is subjected to insecurity or danger, responsibility shall attach to such an action.
6. No suit shall be triable after the lapse of fifteen years from the date of the act giving rise to the suit. Imam Shafii restricted the application of this law to cases where the plaintiff and the defendant live in one town, and where the delay was avoidable.
7. Lost or damaged finds shall be compensated for in kind or in value.
8. A find shall be the property of the finder irrespective of his religion or character.
9. The find shall be delivered to its owner, if the owner is known. The finder shall be held responsible for loss of the find or damage to it as long as the find is in his charge.
10. Property seized by force shall be returned to its owner with compensation for any loss that may have been incurred by the seizure. If the seized property be lost, the seizer shall compensate for the loss in kind or in value.
11. If the seizer and the owner differ concerning a defect in the property, the owner’s statement shall be valid if confirmed by oath.
12. God said, “To you believers I say, you shall not enter the houses of others without their permission.”
13. Mohammed said, “Whoever enters the house of another shall be responsible for the loss that may occur therein.”
14. If a divorce occurs after marriage but prior to sexual intercourse, half the dower shall be paid. If the divorce occurs after sexual intercourse, all the dower shall be paid.
15. No dower shall be paid if the marriage contract is broken prior to sexual intercourse.
16. The expenses of the marriage feast shall not be recovered.
17. A gift conditioned on compensation may be recovered in kind or value.
18. The will of the giver and the acceptance of the receiver shall determine the gift.
19. A gift not conditioned on compensation shall not be recoverable.
20. A thief shall have his hands cut off.
21. The thief shall return the stolen property or compensate for its loss.
22. The confession of the thief and the oath of the plaintiff shall confirm the theft.
23. The plaintiff’s oath if corroborated by evidence shall confirm the theft.
24. If the statement of the defendant begins with confession and ends with denial, the confession shall be regarded valid.
25. The testimony of a minor or insane person is null.
26. The testimony of a slave shall be valid when it bears a disadvantage or punishment to himself.
27. A slave shall not be contracted with or loaned without the permission of his master.
28. A slave shall be liable for the payment of a debt contracted prior to liberation.
29. If the vender and the vendee differ as to the time a certain defect developed in the property sold, the vender’s claim shall be sustained if confirmed by oath.
30. Differences between the vender and the vendee as to the amount or price of the property sold or date of the purchase shall be subject to oaths by both parties.
31. If a defect in the purchased property is recognized after the conclusion of the sale, the property may be returned to the vender, who shall retain of its price an amount equal to the reduction in the value of the property occasioned by the discovery of the defect.
32. The occurrence of a defect in a slave after the conclusion of the contract does not constitute a right by which the vendee can revoke the sale contract.
33. If a person purchases a slave and later presents a defective slave and requests the revocation of the purchase contract, and the vender denies the identity of the slave, the vender’s statement or plea shall be sustained if confirmed by oath.
34. If a defect is observed during prayer or meals or at night, notice thereof may be delayed for the time necessary to finish the prayer or meal, or overnight.
35. Other nonpermissible delays annul the right to revoke a sale contract.
36. If a debtor is sued by the legatee of the creditor and makes the plea that the debt was canceled, the legatee shall take oath to the effect that he has no knowledge of the cancellation of the debt.
37. A sale contract may be revoked if it does not define the price of the property sold.
38. The right to property justifies breaking a door or breaking through walls for the purpose of securing it, or its equivalent in kind.
39. If a person spies on the wife of another person through cracks or holes in her house and an occupant throws a stone at him which hurts or kills him, no fault shall attach to such action.
40. If the owner of a cat is warned of the fact that his cat eats fowls or provisions of others and the cat repeats such an act, the owner of the cat shall be held responsible for its action.
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 principal and his agent in reference to the compliance of the latter with the instructions of the former, the statement of the principal 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 principal 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 sexual 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 ownership to a certain animal or tree, he shall be entitled 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 ship is in danger of foundering, the cargo should be cast overboard for the purpose of saving the passengers; 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 partnership has been dissolved and that a certain property has become his own, and his claim is contested by another party to the partnership, the statement of the latter party shall be valid if confirmed by oath.
69. If a person who is a party to a partnership buys a certain property and states that such property has been bought for the partnership, and his statement is contested by another party to the partnership, the statement of the purchasing party shall be valid if confirmed by oath.
70. God 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. God 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.
90. What is borrowed shall be returned in kind.
91. The will of a free adult shall be legitimate whether he be an immoral person or an infidel. The will of the insane, the intoxicated, the child, and the slave shall not be legitimate.
92. A will is null if the legatee dies before the testator; otherwise it is legitimate, and [the property] may be transmitted to the heirs of the legatee.
93. A will can not exclude legitimate heirs in the interest of one heir alone, except with the consent of the excluded heirs.
94. A person may recover his property directly if that can be done peaceably; otherwise he shall submit the case to the judge.
95. To be legal and binding the instructions and the trust of a principal must be authentic.
96. The agent must be capable of independent action and must be of age and sane. The agent shall not be a minor or insane.
97. In case of involuntary collision attended with the death of both parties, the respective heirs shall pay a light fine. (This is intended to secure aid for funeral expenses.)
98. If the collision is intentional, the fine shall be heavy. If only one party intended the collision, such party shall be punished on the merits of the case.
99. Minors and insane persons shall be judged like sane adult people. (This has reference to conditions similar to those of the two preceding cases.)
100. Male children, whether single or multiple, shall inherit all the estate of the parents.
101. A daughter shall inherit one-half.
102. Two or more daughters shall inherit two-thirds.
103. In case of multiplicity of children, males and females, the male child shall receive twice as much as the female child. The word of God said: “This command God gives you concerning your children, the male shall have the shares of two females.”
104. God said: “Each man shall have half of the inheritance of his wife if she have neither a child nor a grandchild born of a son.”
105. God said: “If a man’s wife dies and leaves a child or a grandchild born of a son, he shall have a quarter of her inheritance.”
106. God said: “If a husband dies without a child or a grandchild born of a son, the wife shall inherit a quarter of his estate.”
107. God said: “If a husband dies and leaves a child or a grandchild born of a son, the wife shall inherit an eighth part of his estate.”
108. The father, the son, and the husband can not be disinherited.