REMBAU HISTORY, ETC. 2) 
Again, the rule directs that the earnings be shared, but 
not that the two shares be equal. The equal right of husband 
and wife to earnings terminates with the marriage. The 
validity of a claim by either party on divorce. to any 
given item of the acquired property depends on the nature of 
that item. Custom excludes certain kinds of property from 
the division. A woman’s claim to the house her-husband has 
built for her, to all improvements to ancestral land, and to 
jewelry and clothing bought her, is indefensible. The husband 
can claim no share in respect of such possessions, but has, on 
his part, the sole right to male ornaments and clothes, to 
weapons and fire-arms purchased during marriage. 
The right of the mother to the custody of the children on 
divorce, is based on a similar convention. Custom regards 
the children as a class of marriage earnings but as a class 
wherein the principle of sharing on divorce is Inoperative. 
Lastly, on the dissolution of marriage by the death of 
either party, the survivor, after meeting the burial expenses, is 
entitled, if childless, to retain a sum equal to the cost of the 
funeral, to provide for his or her own burial, before sharing 
the balance of the earnings with the family of the deceased. 
Subject to these qualifications the rule of sharing on di- 
vorce the property acquired during marriage is absolute, except 
in the case of the parties to a marriage by agreement, (nikah 
tv’ alik), when the husband can enforce no division. Even on 
a divorce obtained by the woman for lack of conjugal rights, 
she is entitled to her share of the earnings. Nor is her share 
diminished by her misconduct, should a man divorce his wife 
for adultery. As an outraged husband may refuse to divorce 
his wife, the possibility of a claim to a division of property 
being proffered rests with him; if he elect to divorce, he must 
abide by the consequences of his action.” 
(1) vide case of Sohor Suku Batu Hampar Baroh decided 1907, who 
sold up pencharian, and appropriated the entire proceeds after divore- 
ing his wife convicted ina court vf law of adultery. Lower court’s order 
for division of property upheld by judicial commissioner on appeal. 
R. A. Soc., No. £6, 1910. 
Exclusion of 
certain kinds 
of property 
from operation 
of the rule. 
Mother ob- 
tains custody 
of children on 
divorce. 
Funeral ex- 
penses pay-. 
able before di- 
vision. 
Misconduct 
cf wife no bar 
to her right to 
division of 
property on 
divorce. 
