Skip to content

Chapter XXI: Section 1: If a person seduces or cohabits with a female slave,

Text size

held by him as security for debt, with the knowledge or consent of the debtor, he shall not be held guilty; but he shall give her a dower.

Sec. 2. If the seduction or cohabitation occurs without the consent of the debtor, the creditor shall be liable to a fine, or shall give the woman a dower to be paid to the debtor.

Sec. 3. If the creditor begets a child of the slave held as security in the preceding section, he shall buy the child from the debtor; otherwise the child shall become the slave of the debtor.

Article XXXV

If the creditor and the debtor differ as to the security or its amount, the debtor's statement shall be sustained if confirmed by oath; otherwise the statement of the creditor shall be sustained.

Article XXXVI

If the security is lost and no blame is attached to the creditor, he shall not be held responsible for the loss, and the debtor shall not be relieved from his debt.

Article XXXVII

If a principal and his agent differ, and the agent claims that he has acted in accordance with the orders of his principal, and the claim be denied by the principal, the statement of the latter shall be sustained if confirmed by oath.

Article XXXVIII

If a married woman commits adultery, both adulterer and adulteress shall suffer eighty lashes. If the lashes are changed or reduced to a fine, half the number of the woman's lashes shall be added to the man's fine.

Article XXXIX

If a person charges another with the payment of his debt, and the creditor sues the proxy for the unpaid debt, but the proxy claims to have paid the same, the creditor's statement shall be sustained if confirmed by oath.

Article XL

If a man seduces a maiden, both shall suffer one hundred lashes, and the man shall marry the woman and live with her even though he is married.

Article XLI

The statement of the plaintiff shall be sustained if confirmed by a witness. If there is no witness, the defendant shall take an oath.

Article XLII

If slaves commit adultery, both man and woman shall suffer fifty lashes.

Article XLIII

If a married man commits adultery with a free woman, both shall be stoned to death. The punishment of the man may be reduced to imprisonment. The woman shall be buried up to her chest and be stoned with medium-sized stones.

Article XLIV

If a free man seduces a maiden slave, the property of another person, and she becomes pregnant and dies during childbirth, the seducer shall then pay the value of the slave to her owner.

Article XLV

If a bachelor or widower commits adultery and is killed by a non-Mohammedan, the non-Mohammedan shall be put to death. But a Mohammedan who may kill such an adulterer shall not be put to death.

Article XLVI

If a man recognizes his cattle or his trees in another's charge and notifies him of the fact, and has a witness to confirm his statement that the cattle or trees are his, he shall be entitled to the produce of the cattle or of the trees although they remain in the charge of the other. Likewise, if a slave who has been lost is recognized by his master in the charge of another person, and the master of the slave notifies that person of the fact that the slave is his and has a witness to confirm his statement, he shall be entitled to whatever his slave may produce if he remains in the charge of the person aforesaid.

Article XLVII

If a man rents a field of another with the intention of cultivating it, but later fails to do so and returns it to the owner thereof, he shall be liable for the rent and shall pay the same at harvest time, as though he had cultivated the land and reaped the produce. Likewise, if a boat is hired, the hire thereof shall be paid to its owner, whether or not it has been used for the intended travel.

Article XLVIII

If a slave runs away and enters the house of a certain person, or if a person finds a runaway slave, the owner of which is known to him but to whom he fails to give notice of the fact, and the slave again runs away, he, the finder, shall be responsible for the slave to the owner thereof.

Article XLIX

If a married man leaves his home on a long journey and nothing is heard of him, his wife shall not have the right to marry another; but if she learns that he has died or that he has divorced her, she shall then wait four years, after which she shall observe the customary mourning for his death; then she may marry again. The judges shall be careful not to change this decree in order that their power and influence may not suffer.

Article L

If a boat is in danger of sinking, it shall be right and proper to throw its cargo overboard. But if a man throws away property without the knowledge of the owner thereof, and the boat does not sink, he shall replace the property. If a person tells another to throw his property overboard, promising to replace it, and the property is thrown overboard but the boat does not sink, he shall replace the property; but where there has been no promise to replace the property he shall not be held liable.

Article LI

Comments

Log in to leave a comment.

Studies in Moro History, Law, and ReligionChapter XXI: Section 1: If a person seduces or cohabits with a female slave,

0%4 min left in chapter