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Should Malaysia Stop the Annual Cession Money?

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In 1939, the High Court of North Borneo awarded a ‘cession of right’ from the late Sultan of Sulu, Jamalul Kiram II, to nine of his heirs, in a judgement known as the Macaskie Judgement.

Whereas, in 2011, the Jolo Regional Trial Court recognized nine other sub-heirs from the nine original heirs of Sulu Sultan Jamalul Kiram II to be the administrators of the late Sultan’s ‘estate’.

These sub-heirs believe that these two documents (1939 Macaskie Judgement and 2011 Jolo Trial Court) serve as crucial evidence to the Kirams’ family claim over a portion of Sabah.

According to the Jolo Judgement, “The intestate estate of Sultan Esmail Kiram, the letter of administration was given to his son Sultan Fuad Kiram.

For the intestate estate of Dayang-Dayang Hadji Piandao Kiram, the letter of administration was given to granddaughter Dayang-Dayang Putri Taj-Mahal Kiram Tarsum Nuqui.

For the intestate estate of Mora Napsa, the letter of administration was given to granddaughter Hja Sitti Ayesha Sampang.

For the intestate estate of Sitti Putli Jahara Kiram, the letter of administration was given to granddaughter Sitti Jenny K.A. Sampang.

For the intestate estate of Sitti Mariam Kiram, the letter of administration was given to grandniece Princess Permaisuli Kiram-Guerzon.

For the intestate estate of Sultan Punjungan Kiram, the letter of administration was given to granddaughter Dayang-Dayang Sheramar Kiram.”

Which version of the treaty need be followed?

The 1939 Macaskie Judgment had, in fact, affirmed the British North Borneo 1878 and 1903 Treaties as legally binding contracts.

More so, it acknowledged the British version of the treaties. (There were two versions of the 1878 Treaty, an English and a Sulu version. The two major differences are the word CEDED versus LEASED, and the right to transfer. In the English version, the word ‘CEDED and GRANT’ was used, and the right to transfer was subjected to ‘Her Majesty’s Government’. On the other hand, the Sulu version used the word, LEASED and accorded the right to transfer, to the Sulu Sultanate.)

An excerpt of the English version of the 1878 Treaty is as follows:

In consideration of this grant the said Baron de Overbeck and Alfred Dent promise to pay as compensation to His Highness the Sultan Sri Paduka Maulana Al Sultan Mohamed Jamal Al Alam his heirs or successors the sum of five thousand dollars per annum.

The said territories are hereby declared vested in the said Baron de Overbeck and Alfred Dent Esquire co-jointly their heirs associates, successors or assigns for as long as they choose or desire to hold them. Provided however that the rights and privileges conferred by this grant shall never be transferred to any other nation or company of foreign nationality without the sanction of Her Britannic Majesty’s Government first being obtained.

In case any dispute shall arise between His Highness the Sultan his heirs or successors and the said Gustavus Baron de Overbeck or his Company, it is hereby agreed that the matter shall be submitted to Her Britannic Majesty’s Consul-General for Borneo.”

By virtue that the late Sultan’s adopted daughter, Dayang-Dayang Hadji Piandao Kiram went to the North Borneo High Court to obtain a judgement, asserted the Kirams’ acceptance of the English version.

The Effects of the 1939 and 2011 Judgements.

In effect, the 1939 Macaskie Judgement granted a Letter of Administration to the the late Sultan’s adopted daughter and eight anothers, the right to share equally the yearly tribute paid by British North Borneo government, as per the British North Borneo 1878 and 1903 Treaties.

The 2011 Jolo Trial Court judgement should not be recognized by Malaysia since the Treaties explicitly conferred that any dispute shall be submitted to the Counsel-General for Borneo. The endorsement from the High Court of North Borneo (Sabah) need be obtained.

Moreover, the transfer (cession) of right for the estate of the original heir (as recognized in 1939), Sultan Punjungan Kiram, to granddaughter, Dayang-Dayang Sheramar Kiram (should it be accepted by a Sabah High Court), cannot then be re-transfered to the former’s brother, Jamalul Kiram III. Instead, it would have gone to Dayang-Dayang Sheramar’s own children.

Should Malaysia File a Claim for Sabah in ICJ?

Nope.

First, the people of Sabah have spoken. During the (more than three) referendums conducted and administered by the United Nations in the early 1960s, Sabahans preferred to be with Malaysia.

Second, the Philippines had rejected UN’s findings, unless the later ruled to their favour. They may once again reject the UN’s body, ICJ’s rulling, should the latter again ruled against the Philippines’ favour.

Third, the Treaties explicitly provide an avenue to tackle future disputes, i.e, the High Court of North Borneo (Sabah).

Should Malaysia Stop the Annual Cession Payments?

No. Should Malaysia stop the annual Cession Payments, we would have to stoop as low as the Kirams. The Munafiqoons. They make promises, only to break the promises, whenever they feel like it.

Malaysia must take the lead and demonstrate to the Philippines that we are an honourable nation and people. That we will continue to pay the Cession Money as per to the letter, for as long as we desire, as had been agreed upon, by those who lived before us.

Alternatively, as a friend suggest, should Malaysia-Philippines ever decide to dishonor the 1885 Madrid Treaty, we then must reclaim northern Sabah (Kudat area, Balambangan and their northern islands) and the southern half of Palawan.

“And while we are at it,” the friend continued, “we might as well reclaim Riau, Temasik, Bengkalis, parts of Sumatra and all those islands which used to constitute, the Great Empire of Malacca.”

– DM

12 thoughts on “Should Malaysia Stop the Annual Cession Money?

  1. HM SULTAN FUAD A. KIRAM I OFFICIALLY RECOGNIZED BY MALAYSIA AS SULTAN SINCE 14 JULY 2011:

    Dear Members, please read this letter of HIS MAJESTY SULTAN FUAD A. KIRAM I (The Sultan of Sulu & The Sultan of Sabah) with THE RT. HON. BARON DATUK SIR ALAN F. PAGUIA (Royal Minister for Legal Affairs) with the contents as follows:

    1. CONFIRMATION of CHEQUE PAYMENT for RENTAL MONEY paid by the Malaysian Embassy in the Philippines to SULTAN FUAD A. KIRAM, (as one of the 9 Sabah Heirs as Sabah Landowners), dated 14 July 2011, signed by the Malaysian Ambassador Dato Seri Dr. Ibrahim Saad and named and recognized the payee and receiver as SULTAN FUAD A. KIRAM;

    A formal and absolute recognition of Malaysia to SULTAN FUAD A. KIRAM as SULTAN and as HEAD OF SULTANATE OF SULU AND SABAH;

    2. That SULTAN FUAD A. KIRAM is the duly recognized Head of Sultanate by Malaysia;

    3. That HIS MAJESTY SULTAN FUAD A. KIRAM and HIS GOVERNMENT wish to discuss peaceful and pacific settlement of the RETURN of the patrimonial property of Sabah:

    4. AND LASTLY, if within 5 days there is no response from Malaysia, then, it means Malaysia agreed to settle the matter with the Government of HIS MAJESTY SULTAN FUAD A. KIRAM I in the International Court of Justice (ICJ) according to applicable International Law.

    Best wishes.http://www.facebook.com/photo.php?fbid=455007751235453&set=a.171551596247738.38323.146106108792287&type=1&theater

    • Thank you for bringing up this Fuad Kiram claim to my attention.

      First, as you may have already noticed, this letter purportedly written by Fuad Kiram was dated on April 3, 2013, almost a month AFTER the invasion. It is thereafter, an AFTER THOUGHT by yet another Kiram to right a wrong.

      Second, Fuad Kiram himself have been embroiled with a family dispute, for attempting to appoint a non-Kiram to pose as a Kiram with the purpose of extorting money from the Malaysian government, and for forging another Sultan-aspirant signature.

      In return to the above collaboration, the latter agreed to pay for Fuad’s meagre house rental. Fuad Kiram (together with his accomplice) were excommunicated as early as 2009.

      Again, this letter is yet another prove of the Kirams unyielding effort to manipulate and distort the government of Malaysia; motivated solely to secure financial gains.

      – DM

      • PLEASE TAKE NOTE: HM Sultan Fuad A. Kiram I is acknowledged and recognized by all the current Royal descendants of all the NINE ORIGINAL HEIRS as the Sultan of Sulu and Sabah:

        Here is the list of the Administrators/ Administratix of the Nine (9) Original Heirs of the SULTAN OF SULU for “Sabah” on the 1939 final judgment of North Borneo (Sabah) Chief Justice Macaskie:

        1. Dayang-Dayang Hadja Piandao Kiram
        Administratrix: D.D.P. Taj-Mahal Kiram-Tarsum Nuqui

        2. Putli Tarhata Kiram
        Administratrix: D.D.P. Taj-Mahal Kiram-Tarsum Nuqui

        3. Putli Sakinur In Kiram
        Administratrix: Putli Nurhima Kiram Fornan

        4. Mora Napsa
        Administratrix: Hja. Sitti Ayesha K. H. Sampang

        5. Esmail Kiram
        Administrator: Sultan Fuad A. Kiram I

        6. Datu Punjungan Kiram
        Administratrix: D.D. Sheramar T. Kiram

        7. Sitti Mariam Kiram
        Administratrix: Princess Permaisuli Kiram-Guerson

        8. Sitti Rada Kiram
        Administratrix: Hja. Sitti Ayesha K. H. Sampang

        9. Sitti Putli Jahara Kiram
        Administratrix: Sitti Jenny K. A. Sampang

        CERTIFICATION: This is to certify that the above individuals are the present legal administrator/administratrix of the NINE HEIRS of the SULTAN OF SULU, mentioned in the Judgment of Chief Justice Macaskie.

        Given this 25th day of May 2011, at Jolo, Sulu, Philippines.

        SIGNED: ULKA T. ULAMA, Counsel of the heirs of the Sultan of Sulu PTR No. 1889737, 1-3-11, Jolo, Sulu. IBP-Life Member, Ulama Law Office, Jolo, Sulu, Roll of Attorneys No. 15428

        • Yes, this list is correct, but only for the purpose of distributing the PENSION money.

          The appointment and recognition of a Sultan, according to the Malay customs is different. Not every member of the royalty family is recognized as a Sultan. To be a Sultan, one need only be selected by the Council of Sultans/Elders, but also officially recognized by the ruling government.

          • “TO BE SULTAN IS BY BLOOD AS PER LAW OF SUCCESSION:

            This material presented is the basis of legitimacy of His Majesty Sultan Fuad A. Kiram I as the true Sultan of Sulu and Sabah. His basis as Sultan is by blood and primogeniture.

            The matter of Royal Succession to be true Sultan or King is based on one Law – namely the Ancient Global Law of Royalty or Law of Succession that is founded on Primogeniture. It started as a law in 5000 BC in Sumer, Mesopotamia, Egypt, Persia, China, Greece, Rome, etc.

            Primogeniture: The ancient and medieval custom of allowing the first born legitimate son down to the youngest son to inherit all of his father’s properties, estates, wealth, and titles upon the father’s death. This law still exists in our modern age.

            Primogeniture was and is the key issue in determining succession to the royal throne.

            That is why, in royal sultanates and kingdoms globally (in Sulu and Sabah, Bahrain, Brunei, Jogjakarta Indonesia, Jordan, Kuwait, Malaysia, Morocco, Muscat & Oman, Saudi Arabia, Qatar) or emirates and principalities like Dubai, Abu Dhabi, Sharjah including the kingdoms of Cambodia and Thailand or Empire of Japan and in European kingdoms — the Law of Succession was and is always the same, FATHER to FIRST BORN SON and the next son down the line.

            Those European kingdoms accepting female as monarch is also the same FIRST BORN FEMALE of the Royal family like Denmark, England and Holland. This is Primogeniture.

            No person, family, group, institution or government can change this Law. This is non-negotiable!

            In fact, the High Court of San Marino stated in its judgment on Royalty:

            ”No act of any government, whether republican or not, including its court of laws can pass any act, law, edict or pass judgment on functions of Royalty, even when some governments assumed their lands or territories in many places today, Royalty and functions of Royalty still exist because Royalty was ahead of any of our governments in the world today, thus Royalty, its laws and its functions or customs could not be extinguished.”

            Royalty was and is based on primogeniture – Father to Son. And if Father had no Son, then next Brother. If the son is excluded as in the Royal House of Sulu by any “Haram” act that eliminates him from the succession or if he abdicates the next brother or uncle is eligible to ascend the throne who is also a son of the Sultan or King. This is clear and this is the Law. No one can create a Sultan or King without the basis of primogeniture. Any man claiming to be Sultan but not son of the Sultan is an impostor, bogus and fake.

            Once and for all, we are here to bring to light who His Majesty Sultan Fuad A. Kiram the First is and why he is the Sultan of Sulu & Sabah. His Majesty Sultan Fuad A. Kiram I also called HM Sultan Fuad the First is The Sultan of Sulu & The Sultan of Sabah. He became Sultan based on the ancient global law of royalty and the law of succession – by blood and by primogeniture, being SON of the SULTAN!

            He is not the First-born son but he is the “LAST SURVIVING SON” of the late HM Sultan Muhammad Esmail E. Kiram (The Sultan of Sulu & Sabah 1947-1973) and the “last surviving Royal Datu and brother” of the deceased HM Sultan Mahakuttah A. Kiram (The Sultan of Sulu & Sabah 1974-1986). Therefore, he is in the direct line of the Royal Kiram bloodline and succession. With this fact alone, his lawful position as Sultan is proved and explained. As the last surviving Royal Datu or Prince Royal being the last son of the Sultan he possesses the rights as “Heir” to inherit the crown of the Royal Sultanate of Sulu & Sabah.

            He is gifted by God with a pure and kind heart who has enduring courage, love and concern for his people in the dominions of Sulu, Basilan, Tawi-Tawi, Palawan, Zamboanga and the Tausugs who live in Sabah which consist of over 70% of the Sabah population today. He is well-loved by his supporters who are Muslims, Christians, Buddhists and others due to his tenet of peace, brotherhood, friendship, harmony, understanding and solidarity with all religions.

            HM Sultan Fuad the First believes that the selfish motives of the Haram occupation of Sabah and Spartlys by Malaysia since 1963 to this day, of the false and bogus sultans, with their abuses will come to an end because falsehood has no foundation in the eyes of God and men. Eventually, he prays, with the support of all patriots globally, Sabah and Spratlys will be returned to the Royal Sultanate of Sulu that will lead to peace and prosperity for the Tausugs and Filipinos.

            Again, to be the Sultan of Sulu and Sabah is not by appointment of a group or groups, not by vote, not by proclamation, self-claim or personal assertion. They do not matter at all, not one iota. What matters is primogeniture.

            To be the Sultan of Sulu and Sabah is mainly BY BLOOD through primogeniture as the foundation of the ancient law of royalty and law of succession of father to son practised in the Royal Sultanate of Sulu and other European and Islamic kingdoms, sultanates, principalities and emirates for centuries.

            By primogeniture, HM Sultan Fuad A. Kiram I is the Sultan of Sulu and Sabah by the grace of Allah, God Almighty, being son of the Sultan and for all the reasons stated above. GOD DEFEND THE RIGHT.” http://www.royalsulu.com/index.php?option=com_content&view=article&id=5&Itemid=5

      • …”The Royal Hashemite Sultanate of Sulu & Sabah
        Liked · March 29

        MUEDZUL-LAIL TAN KIRAM also called BUTCH KIRAM was charged in 2007 of criminal case of CHILD ASSAULT against Islamic tenets so he was DISQUALIFIED TO BE SULTAN. Please read on.

        CRIMINAL CASE OF BUTCH (MUEDZUL-LAIL) KIRAM:

        Here is a write-up on Muedzul-lail Tan Kiram also called Butch who was declared haram and was disqualified to be Sultan for criminal offenses contrary to Islam.

        MUEDZUL-LAIL KIRAM: Child abuser of a minor that led to his disqualification to be Sultan. Below a full text of criminal charges filed by the Sulu Provincial Prosecutor against Butch and his wife Melanie.

        Crimes of Muedzul-lail:

        Muedzul-lail (Butch) and his wife Melanie Kiram assaulted a young boy named GENE A. TULAWIE. Please see the criminal case filed against them.

        Republic of the Philippines
        REGIONAL TRIAL COURT
        Ninth Judicial Region
        BRANCH III
        Jolo, Sulu

        PEOPLE OF THE PHILIPPINES
        Plaintiff

        -versus-

        BUTCH KIRAM
        MELANIE KIRAM
        Accused

        CRIMINAL CASE NO.: (06-07) 1449-3
        for
        “VIOLATION OF Par B, Sub Par 1 of Section 3 ART. 1 OF R.A.7610, AS AMENDED.”

        I N F O R M A T I O N

        That the undersigned Provincial Prosecutor accuses BUTCH KIRAM and MELANIE KIRAM for Violation of Paragraph B, sub paragraph 1 of Section 3, Article 1 of Republic Act 7610, as amended, submitted as follows:

        That more or less at 6.30 o’clock in the evening of Sunday, March 11, 2007, at Barangay San Raymundo, Municipality of Jolo, Province of Sulu, Philippines and within the jurisdiction of this Honorable Court the abovenamed accused with deliberate intent to violate the laws, did then and there willfully, and unlawfully and feloniously debases, degrades, demeans honor, uttered defamatory and slanderous words and simultaneously and maltreated pgysically harmed GENE A. TULAWIE, which is a clear violation of R.A. 7610, as amended.

        All contrary to law.
        Jolo, Sulu, Philippines.

        GURAMURRASID R. SAHIBBIL
        Provincial Prosecutor

        Witnesses:

        1. Gene A. Tulawie – Phase III, Kakuyagan Vill., Jolo, Sulo
        2. Benilda A. Tulawie – -do-
        3. and others.

        Muedzul Decalred Haram and Disqualified to be Sultan:

        Due to these two events being a transgressor of Islam and a sinner against Islamic tenets Muedzul-lail was declared haram and was disqualified to be Sultan forever.

        The Sultan of Sulu is the Head of Islam:

        The Sultan of Sulu is the Head of Islam and Protector of Islam so the Sultan must be Islamic, without reproach and must be clean and pure. Not haram. Muedzul-lail is haram and unclean therefore he could not be Sultan whatever he says or does. He was disqualified by the strict law of succession of the Royal House of Sulu and Sabah to be Sultan.

        Muedzul-lail and his small group are selling fake titles:

        Muedzul-lail’s group led by an Estonian mercenary who calls himself “chancellor” and a black Jamaican are involved in a racket of selling fake titles to any one willing to pay. They sell titles from Euro700 to Euro3,000.” The Royal Hashemite Sultanate of Sulu & Sabah
        Liked · March 29

        MUEDZUL-LAIL TAN KIRAM also called BUTCH KIRAM was charged in 2007 of criminal case of CHILD ASSAULT against Islamic tenets so he was DISQUALIFIED TO BE SULTAN. Please read on.

        CRIMINAL CASE OF BUTCH (MUEDZUL-LAIL) KIRAM:

        Here is a write-up on Muedzul-lail Tan Kiram also called Butch who was declared haram and was disqualified to be Sultan for criminal offenses contrary to Islam.

        MUEDZUL-LAIL KIRAM: Child abuser of a minor that led to his disqualification to be Sultan. Below a full text of criminal charges filed by the Sulu Provincial Prosecutor against Butch and his wife Melanie.

        Crimes of Muedzul-lail:

        Muedzul-lail (Butch) and his wife Melanie Kiram assaulted a young boy named GENE A. TULAWIE. Please see the criminal case filed against them.

        Republic of the Philippines
        REGIONAL TRIAL COURT
        Ninth Judicial Region
        BRANCH III
        Jolo, Sulu

        PEOPLE OF THE PHILIPPINES
        Plaintiff

        -versus-

        BUTCH KIRAM
        MELANIE KIRAM
        Accused

        CRIMINAL CASE NO.: (06-07) 1449-3
        for
        “VIOLATION OF Par B, Sub Par 1 of Section 3 ART. 1 OF R.A.7610, AS AMENDED.”

        I N F O R M A T I O N

        That the undersigned Provincial Prosecutor accuses BUTCH KIRAM and MELANIE KIRAM for Violation of Paragraph B, sub paragraph 1 of Section 3, Article 1 of Republic Act 7610, as amended, submitted as follows:

        That more or less at 6.30 o’clock in the evening of Sunday, March 11, 2007, at Barangay San Raymundo, Municipality of Jolo, Province of Sulu, Philippines and within the jurisdiction of this Honorable Court the abovenamed accused with deliberate intent to violate the laws, did then and there willfully, and unlawfully and feloniously debases, degrades, demeans honor, uttered defamatory and slanderous words and simultaneously and maltreated pgysically harmed GENE A. TULAWIE, which is a clear violation of R.A. 7610, as amended.

        All contrary to law.
        Jolo, Sulu, Philippines.

        GURAMURRASID R. SAHIBBIL
        Provincial Prosecutor

        Witnesses:

        1. Gene A. Tulawie – Phase III, Kakuyagan Vill., Jolo, Sulo
        2. Benilda A. Tulawie – -do-
        3. and others.

        Muedzul Decalred Haram and Disqualified to be Sultan:

        Due to these two events being a transgressor of Islam and a sinner against Islamic tenets Muedzul-lail was declared haram and was disqualified to be Sultan forever.

        The Sultan of Sulu is the Head of Islam:

        The Sultan of Sulu is the Head of Islam and Protector of Islam so the Sultan must be Islamic, without reproach and must be clean and pure. Not haram. Muedzul-lail is haram and unclean therefore he could not be Sultan whatever he says or does. He was disqualified by the strict law of succession of the Royal House of Sulu and Sabah to be Sultan.

        Muedzul-lail and his small group are selling fake titles:

        Muedzul-lail’s group led by an Estonian mercenary who calls himself “chancellor” and a black Jamaican are involved in a racket of selling fake titles to any one willing to pay. They sell titles from Euro700 to Euro3,000.” http://www.facebook.com/photo.php?fbid=452073088195586&set=a.171551596247738.38323.146106108792287&type=1&theater

        • Interesting read.

          Actually, the concept of Sultanate is not recognizable in Islam. It is a Hindu tradition. Since the Sulu Sultanate originated from Melaka, who at the time were heavily influenced by the Hindu Kingdom of Funan; the Malay subjects were forced to inherit the sultanate system.

          Historically, the Malay culture had not developed a means to drop or disqualify a sultan. It has always been decided by a Council of Elders, Rumah Bicara, or a Majlis Raja-Raja. A group of respected elders chose a Sultan, then approved by the ruling authorities. The chosen one, then became a Sultan for life. In the old days, the last ruling sultan (father) would name and nominate one son (out of many) as the Tengku Mahkota. The rest in succession would automatically be dropped.

          Once appointed, a Sultan could get away with many misdeeds, including murder, unfairness, infidelity, etc. There were many occasions which relate to Malay royalty atrocities, such as Raja Bersiong (the sultan drank his subjects’ blood), Raja mati diJulang (the sultan instructed a pregnant woman to be cut alive for eating his jackfruit), Raja Mahmud-Tun Kudu (a sultan who insisted to own an already-married woman), etc.

          In all these cases, none of the Sultans was dethroned, except the jackfruit sultan (killed by the victim’s husband).

          Thus, once selected and accepted, a Sultan remains a sultan, no matter what he does. At least such is the case in a Malay culture.

  2. DARUL JAMBANGAN, MAIMBUNG, SULU: The position of true and legitimate monarch in the Royal Sultanate of Sulu is claimed by several, up to nine, claimants of the throne.

    They are all relatives of the original Sultan of Sulu—and later Sultan of Sulu and Sabah (North Borneo) when the Sultan of Brunei gave Sabah to the Sulu monarch in gratitude for his help against a cousin’s rebellious forces.

    The 35th ruling monarch, His Majesty Sultan Muhammad Fuad Abdulla Kiram 1st, or Sultan Fuad Kiram for short, is the true Sultan of Sulu and
    Sabah.

    My family in Sulu and I have been witnesses from the start of the peaceful conflict among the Kiram cousins. My father was a Maharajah to the late father of Sultan Fuad Kiram, His Majesty Sultan Esmael E. Kiram 1st, who reigned from 1947 until 1973.

    This Special Report is not meant to downgrade nor besmirch anyone’s reputation. I write it to clear many doubts about who the true and legitimate Sultan is. It will also help the complete stranger to Sulu understand the complex situation in the Sultanate of Sulu & North Borneo (Sabah) in the wake of the recent standoff in Lahad Datu, Sabah.

    The first and foremost issue to consider is the “Law of Succession” in the sultanate. This monarchy’s law of succession dictates that “only those direct descendants from the Sultan can inherit all the titles, properties, rights, responsibilities, and privileges of the Sultans.”

    Therefore to be Sultan of Sulu “the legitimate claimant must be the son of the Sultan only.” This has been the law of the Royal Sultanate of Sulu since 1457 and, prior to that, in 1390 succession in the Kingdom of Sulu was always the same from father to son only.
    This is also the ancient law in other sultanates, kingdoms and principalities the world over.

    “To be Sultan is from father to son only. No one can be Sultan if the father was not the Sultan.”

    This is the law in Sulu, in Brunei, Malaysia, Bahrain, Jordan, Morocco, Muscat and Oman, other sultanates, kingdoms and emirates in the Middle East and other nations.

    Hence, Sultan Fuad Kiram, just like his late brother, Sultan Mahakuttah Kiram who succeeded his father Sultan Esmael Kiram in 1974 and was the reigning Sultan until 1986.

    The pages of history tell us that Sultan Esmael Kiram has a half-brother named Datu Punjungan Kiram. Because of the urgency to complete his Royal Cabinet, the Sultan named his half-brother Rajah Mudah or heir apparent.

    In 1947 Datu Mahakuttah Kiram, Sultan Esmael’s son, was a young boy of six and therefore not yet “aqil balegh” or equipped with the comprehension of an adult. He was note named Rajah Mudah and his place his uncle, Datu Punjungan Kiram, became the Rajah Mudah.

    Datu Punjungan and his family — one of his sons was a playmate of mine as we were neighbors in Asturias, Jolo— left for Sabah in 1971, prior to President Marcos’ declaration of Martial Law in 1972.

    In 1973 Sultan Esmael E. Kiram 1st died. Before his death he made in a public announcement for all to hear (he used a public address system when he gave his speech on the occasion of Mauludin Nabi (birthday of Prophet Mohammad pbuh)) in Buwaloh Kanjal, Maimbung, that in the event of his death, his successor would be his son Datu Mahakuttah. Therefore, not the named heir apparent, Datu Punjungan Kiram.

    So in 1974, Datu Mahakuttah was crowned as the next Sultan of Sulu & Sabah. The enthronement was a public event in Plaza Tulay in downtown Jolo. No less than President Ferdinand E. Marcos declared his tacit recognition of Sultan Mahakuttah A. Kiram as the legitimate ruler of the Sultanate of Sulu & North Borneo (Sabah).

    Contested by cousin Datu Jamalul Kiram
    But this enthronement was contested by his cousin Datu Jamalul Kiram, then a radio announcer at the dxSM radio station in Camp Asturias, Jolo. Jamalul Kiram then had himself crowned also as Sultan of Sulu.

    Datu Jamalul believes the Sultan’s crown should belong to him despite the many who are are also of the belief that his ascension to the throne was not in accordance with the Law of Succession.

    Nevertheless Sultan Mahakuttah served as the reigning Sultan of Sulu & Sabah until his death in 1986.

    With the demise of Sultan Mahakuttah Kiram, his cousin Jamalul Dalus Kiram now got to occupy the throne as Sultan Jamalul Kiram III. However, when the Law of Succession is applied, one may question his legitimacy, no matter how much he believes that he is the rightful Sultan.

    At this juncture, Jamalul who is now known as “Sultan Jamalul Kiram III” and who has been based in Maharlika Village in Taguig City (not in Sulu) for many years, designated his brother Datu Esmail Dalus Kiram, who was based in Jolo, Sulu, as his Rajah Mudah (heir apparent.)
    For clarity, we shall call them by their first names but this is no disrespect for their position, as they prefer to be called as “sultan, datu or prince.”

    However, Datu Esmail who wants to be Sultan also — though his brother is still alive — had called himself “Sultan Bantilan” or caretaker of the Sultanate (since Jamalul does not stay Sulu and is remote from us Tausugs of Sulu). That there was now two Sultans led to the confusion of many Tausugs. For time immemorial, there has only been one Sultan of Sulu and legitimate ruling monarch.

    Esmail or Sultan Bantilan appointed his brother Datu Agbimuddin— known as Datu Puing who is based in Tubig Indangan Simunul, Tawi-Tawi —as his own Rajah Mudah. Datu Agbimuddin the same person who courageously led the people of the Sulu Sultanate to go to Lahad Datu, Sabah, and has been in the news every day for two weeks now.

    Be that as it may, Sultan Fuad Kiram who at first declined to comment on the Law of Succession, for anything he says might be construed as self-serving, volunteered to relate a piece of history to this writer that will put to rest the question of who is really the real Sultan of Sulu and who is therefore the legitimate one.

    Sultan Fuad’s historical narrative
    According to Sultan Fuad Kiram his uncle, the Sabah-based Datu Punjungan Kiram, was not able to assume the throne as Sultan of Sulu & North Borneo upon his father’s death. Based on this premise, therefore, both his two sons Jamalul and Esmail are not sons of the Sultan, if their father failed to assume the throne of Sultan of Sulu & Sabah.

    One who is not son of the Sultan have no rights to be Sultan.

    With this ongoing Sabah standoff, media people (including The Manila Times) refer to Jamalul as Sultan Jamalul Kiram III. Anybody has his own right to be called by what title he prefers to be called. But a problem may arise when there is a law of succession that must be strictly followed.

    Jamalul and his brother Esmail (who was born “Ismail” but he accordingly changed it to Esmail) were both installed by their supporters and claimed to be Sultan at the same time. In Sulu or anywhere, we cannot have two Sultans at the same time. Only one or one at a time, but not together.

    Again Jamalul and Esmail if the law of succession is to be followed and strictly observed could not be Sultan because their father was “Datu Punjungan” (half-brother of Sultan Esmail E. Kiram I, the Sultan from 1947 to 1973). Sultan Esmail was first son from the “first wife” of the Sultan, while Datu Punjungan was son from “second wife” of the Sultan.

    Hence, based on historical facts, Datu Punjungan was not the Sultan – but Sultan Esmail E. Kiram I. So the two sons of Datu Punjungan namely Jamalul and Esmail were “half-nephews” of Sultan Esmail E. Kiram 1st.

    Sultan Fuad Kiram, the legitimate Sultan
    Sultan Fuad A. Kiram 1st is the last son of Sultan Esmail E. Kiram I, so Sultan Fuad for all intents and purposes and based on the royalty law of succession is the most suitable and legitimate Sultan of Sulu and North Borneo:

    Sultan Esmail E. Kiram 1st is the father of Sultan Fuad A. Kiram 1st, now the current 35th Reigning Sultan of Sulu and Sabah. Thus, by law of primogeniture of father to son and by the law of succession, Sultan Fuad is the Sultan because he inherited the ranks, titles and positions of his royal father, Sultan Esmail E. Kiram I.

    Who proclaimed Sultan Fuad?
    The legitimate claimant must be recognized by the Royal Datus and Sharifs:

    His Majesty Sultan Fuad A. Kiram I was proclaimed and recognized by the Council of Royal Datus as the Sultan of Sulu & North Borneo on 3 June 2006. Also on 3 June 2006 His Majesty Sultan Fuad A. Kiram I was recognized and proclaimed by the Sharifs of Sulu (descendants of Prophet Mohammad) as the Sultan.

    Likewise, the Moro National Liberation Front (MNLF) Central Committee headed by MNLF Chairman Nur Misuari recognized and accepted His Majesty Sultan Fuad A. Kiram I as the Sultan of Sulu and Sabah on 15 January 2008.

    Being haram disqualifies any claimant to be Sultan
    There is also a strict law for claimants of the Sultanate’s throne. The son must not have physical deformity or disability and must be pure and clean and has not committted any “haram or forbidden act” such as assault upon a woman, child assault, child abuse or any capital offense such as killing, murder, drug addiction, robbery or any crime that is forbidden by Islam as haram.

    The Sultan of Sulu is the “Head of Islam and Protector of Islam” so this law to be clean and pure is a quality that the heir of the Sultan must adhere to strictly.

    Sultan must be above politics
    The Sultan, King or Queen must be above politics and should not be involved in politics so as not to divide but to unite his or her people. Politics though full of good intentions divide people. That is the nature of politics. Being involved in politics is a disqualification of any claimant for the
    throne.

    Ustadz Abdulbaki Abubakar, a Tausug and a graduate of Al Azhar University in Cairo, Egypt, who is the Grand Mufti (chief religious scholar and explainer of the law) of Region 9, issued a legal opinion that anyone claiming the throne of the Sultanate of Sulu is deemed disqualified if he seeks an elective post in government.

    Hence, based on this legal opinion it declared Jamalul, Esmail and Muedzul-lail as disqualified to be Sultan for being involved in politics. The latter is the son of the late Sultan Mahakuttah Kiram who is a nephew of Sultan Fuad Kiram. Muedzul-lail, popularly known as Butch, had himself crowned also as Sultan of Sulu. The declaration of Mufti Abdulbaki is supported by Imams and Islamic scholars.

    Therefore, Mufti Abdulbaki’s legal opinion renders Jamalul, Esmail and Muedzul-lail to be disqualified and bereft of legitimacy to be Sultan because they all ran for public office.

    Jamalul ran for Senator in 2007 as one of the administration candidates of then President Gloria Macapagal-Arroyo but lost in that election.
    Many years back, Esmail ran in 1992 for Sulu provincial board member and he also lost.

    Muedzul-lail ran in 2007 for “Barangay Kagawad” or village councilor (the lowest public position in Philippine local government) in his home village of San Raymundo, Jolo, Sulu, and he also lost because his constituents did not vote for him.

    Thus, based on primogeniture (blood line of father to son) and law of succession of the Royal Sultanate of Sulu, and based on undeniable proof and evidence, His Majesty Sultan Fuad A. Kiram 1st is the true and legitimate Sultan — no one else.

    The Moro National Liberation Front and the Tausug people of Sulu and Sabah or North Borneo today recognize His Majesty Sultan Fuad A. Kiram 1st as the Sultan.

    Sultan Fuad’s words of condolence to Lahad Datu standoff victims
    The government-recognized and legitimate Sultan of Sulu & Sabah, His Majesty Sultan Fuad A. Kiram 1st, through his Royal Protocol officer, issued these words of condolence to the family of the victims of Lahad Datu standoff in Sabah.

    “His Majesty Sultan Fuad A. Kiram 1st, the Sultan of Sulu & the Sultan of Sabah and Head of Islam, with the Royal Family, Royal Cabinet and our beloved Tausug people, along with all members of the Moro National Liberation Front (MNLF), headed by MNLF Chairman Nur Misuari, together with our global supporters the noble patriots, offer our deepest sorrow and heartfelt condolences to the families and relatives of the slain and we sadly mourn the loss of life of our 12 Tausug men in the encounter in Lahad Datu, Sabah, with Malaysian forces with 2 dead and 3 wounded as per media reports.

    Reaffirmation of Philippine ownership of Sabah
    “We repeat our call to all parties to exercise restraint, calm and sobriety so that this issue is resolved by peaceful means. As we always stated before and we repeat once more, Sabah is owned by the Royal Sultanate of Sulu since 1658 to this day and co-equally owned by the Philippines and all Filipinos by virtue of the Sabah sovereignty transfer signed by our royal father His Majesty Sultan Muhammad Esmail E. Kiram 1st (Sultan 1947 to 1973) from the Royal Sultanate of Sulu to the Republic of the Philippines on September 13, 1962 during the incumbency of His Excellency President Diosdado Macapagal.” http://www.manilatimes.net/index.php/news/headlines-mt/42577-sultan-fuad-kiram-is-the-true-and-legitimate-sultan-of-sulu

    • Excellent piece.

      The fact that the Philippines Government, under Marcos had recognized Sultan Mahakuttah Kiram as the true sucessor, henceforth his son, M. Tan Kiram is the one recognized by Malaysia as the true Sultan. That explains why one of our NGOs, (under Datu Ridwan) generously donated RM 8000.00 a month for the people of Sulu via Sultan M.Tan Kiram.

      Nevertheless since M.Tan Kiram, was a minor at the time, Jamalul Kiram III had been sitting in on behalf of the former, until his coronation in 2010. Henceforth, the true legitimate Sultan of Sulu, if any, should have been M.Tan Kiram. Neither Jamalul Kiram nor Fuad Kiram applies.

      And in another matter, the Sulu Sultanate has never, in history been known as ‘The Sultan of Sulu and North Borneo’. A Sultan of Sulu, historically has always been referred to as, ‘the Sultan of Sulu’.

      • Mr. dakwatmerahblog

        I admire how you analyze the comments posted by Marine Geology. You are correct that Fuad Kiram’s claims are spurious.

  3. Again, MUEDZUL-LAIL TAN KIRAM also called BUTCH KIRAM, also called M. Tan, was charged in 2007 of criminal case of CHILD ASSAULT against Islamic tenets so he was DISQUALIFIED TO BE SULTAN. See the above-mentioned
    case

    • I understand your concern, however in the Malay world (customs), a Sultan is above the law and no amount of legal cases would disqualify him to be an heir. Unless the ruling sultan named another son as heir (during the former’s reign)OR the Council of Elders select another.

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