Rule I. 
Time of di- 
vision. 
Rule II. 
Exception to 
Rule II. 
If there be 
issue the rule 
is inoperative. 
90 REMBAU HISTORY, ETC. 
The customary rules regulating the division of property 
on divorce are four: of which the three latter explain the 
(nurs, 
1. On separation divide, while together share alike. 
2. Joint earnings are divided. 
3. The separate estate of the wife remains with her. 
4. Property brought is returned to the bringer. 
Division of property must be made before, or at the 
moment of the divorce. Ifaman divorces his wife without 
demanding a division of property, he loses all claim to the 
share to which custom entitles him: but once a division has 
been made it holds good, even if cohabitation is resumed before 
the divorce becomes final. The division must be made in 
the presence of the elder or tribal chief. Hence, a man di- 
voreing his wife by letter, forfeits his share of the marriage 
earnings. 
As married life may result either in loss or gain, the 
earnings include debts as well as assets. Modern usage tends 
to overlook this fact. But on a division of property at divorce 
a wife is entitled to apply any acquired asset to reimbursing 
herself for debts of her husband which she has met; and it is 
unquestionable that her separate estate is liable for one half 
of all debts incurred by her husband during marriage that 
remain still outstanding on divorce. 
The rule as to the division between husband and wife of 
the joint earnings of married life, (charian laki-bint,) is subject 
to several important qualifications. 
If there be issue of the marriage, the joint earnings are 
not divided, but are retained by the wife to support the issue. 
The husband takes away with him his personal apparel only 
as his share. The right of a widow with children to the | 
earnings is specifically laid down by custom. The widow is 
therefore the proper person to administer, under present legal 
practice, the personal estate of her deceased husband. 
(1) vide App. I. Saying XL. 
Jour. Straits Branch 
