Studies in Moro History, Law, and Religion

by Najeeb M. Saleeby

(d) If adultery is committed with the wife of a pandita who is in the council or in the capital of the sultan, the man shall pay forty gajahilaw.

(e) If adultery is committed with any married woman, the man shall pay a fine of twenty gajahilaw, unexchangeable except as in section five (a).

(f) If a married woman commits adultery with her own consent, she becomes a slave to her husband; but if it is compulsory and without her consent, she will not be subjected to slavery; it is her duty then to tell her husband or his nearest relatives of the fact at the earliest opportunity—the next morning in case it occurs at night.

(g) If a male slave commits adultery with a free married woman, the slave becomes the property of the husband of that woman.

(h) If a free man commits adultery with a married female slave, the decision will be the same as if the crime had been committed with a free married woman.

(i) If a male slave commits adultery with a married female slave against her consent, the male slave becomes the property of the master of the married female slave; but if the crime is committed with her consent, she becomes the property of the master of her husband. Her master pays the fine due the governor.

(j) If a man commits adultery with the sister of his wife, his wife not being divorced, he will be judged as if he had committed adultery with the wife of another man.

All the subordinate officers[11] of state are hereby requested to exercise all care in administering justice to all who come to them for judgment and decision. They should all adhere to the seven articles of Mohammedan law and be deliberate in their just application.

In case any complainant appeals to one of you from the decision of another authority, do not accept the appellant’s statement and render your decision unless you inquire well about the case from the previous authority who judged it. In case you find the decision of that authority wrong do not be ready and quick to blame him and criticise him, but try to act in conformity and union. In case you find his decision right, notwithstanding the appellant’s complaints, bring both the appellant and the appellee to the panglima. If the panglima can not render a solution, he should bring them to the sultan, together with the authority from whose decision the appeal was made and the authority to whom the appeal was made.

If the governor or the authority to whom they appeal does not investigate or inquire about the case from the governor from whom they have appealed, his decision shall be null and void.