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The Green Bag

government was a kind of dimmed of law, and a continuing contact, due theocracy as interpreted to the Prophet, to pilgrimages to Mecca, with the out and reinterpreted by corrupt, ignorant, side world. and superstitious priests. Islam seems to have encouraged learn In time there came to be two chief ing to an extent, and the pandita applied sultanates in the Philippines—that of the Arabic alphabet to the native Malay Mogindanao, embracing much of the tongue. The Moros came consequently southern part of the great island of to have books on religion and law, based Mindanao, and that of Sulu, embracing largely on the Koran. While their law the Sulu Archipelago. Under these two is thus of a common origin, it has been sultans, but often, in fact, in opposition worked out somewhat differently by the to them, were the datu, or petty chiefs, different tribes. Until recently such each assisted in the administration by a writings as they had were guarded judge and a vizier. These offices were jealously from all foreigners and nongenerally filled by pandita, or learned Mohammedans, but Dr. Najeeb M. men, who, in addition to performing the Saleeby has recently won their confi functions of priest, could read, write, dence and has copied and published and expound the Koran, and thus the law. some of the tarsila in a document for the The independent power of the sultans Ethnological Survey of the Philippines, was gradually broken by the Spaniards, entitled "Studies in Moro History, Law and treaties were made from 1837 on, and Religion." The selections here used in which the sovereignty of Spain was as illustrations of their legal ideas are taken from the Mindanao code, known acknowledged. Since the American oc as the "Luwaran," based on the old cupation there have been some desper ate outbreaks, but courage, no matter Arabic law, compiled and translated for how fanatical, when armed only with the guidance of the rulers, judges, and urises and lantakas, is no match for pandita who do not understand Arabic. In making this code only such laws equal courage armed with Mausers and gatling guns. At the present time, were selected by the judges as seemed therefore, there is no serious resistance suited to the local conditions and re to our power, and the Moro Province, quirements of order in Mindanao. The governed by our military authorities, laws embody in a concrete form ex is an integral part of the Philippines. amples and incidents of common occur rence, even modifying, in places, the Nevertheless, on account of their pecul iar religion, laws and customs, the sense of the original so as to make it Moros cannot be dealt with in the same agree with the prevailing customs. Like manner as the Christian or the pagan wise, in a few instances, the judges made new articles which do not exist people of the Islands. Their Legal System.—At the time of in the original Arabic but which conform their conversion, the Moros were pagans to the tribal customs and practices. In theory, the authority of the "Luwaran" and savages. With Islam came an ele ment of culture that has, in time, made is universally accepted in Mindanao, them superior to their pagan kins- and is held sacred next to the Koran. people. This touch with a superior The judge is at liberty to use either of civilization has given the Moros the art them as his authority, though an apt of writing, a form of government based quotation from the Koran is generally on the Arabian caliphate, written codes considered the higher authority.