Page

COMMON ACCIDENT-

persons perishing by-though relatives, do not inherit from one
another unless it be known in what order they died

COMPOSITION—

. 194-197

by any of the heirs in inheritance, effect of (See Subtraction).

in preemption, if before the kází's decree, invalidates the right of

535

divorce under-valid

acknowledgment of divorce under-invalid

raját or retention under-valid

390

390

441

321, 330

minors may be given in marriage under-by their agnatic rela-
tions as guardians

difference of-whether actual or qualified, an impediment to
succession

CREDITORS-

distribution of the deceased's assets among

CUSTODY OR CARE-

of infants:-

male and female by females

male and female by males.

DAUGHTER-

entitled to half if one in number, to two-thirds if two or more

rendered a residuary by her own brother, and takes half of the

brother's portion .

of a son. See Son's Daughter.

DAUGHTER'S SON-

a distant kindred of the first class

DIFFERENCE-

of religion an impediment to succession

of country, actual or qualified, impedes succession

DIGESTS OF LAW

Page

100

100

144-147

275, 280
280-283

34

DEVICES-

applicable to preemption

DEBTS-

540

must be discharged out of the assets remaining after defrayment of
the expenses of the funeral ceremony and the burial, and before
payment of legacies and distribution of the residue among the heirs
DEATH-ILLNESS-

repudiation given in-how effected

86

393

how the wife's heritable right is affected by repudiation given in, 393-395
DEVOLUTION-

of inheritance :-

first on the sharers, then on the residuaries by consanguinity,
then on the resíduaries for special cause, in whose default the
residue returns or reverts to the sharers, then on the distant
kindred, then on the successor by contract, then on the
person acknowledged as a kinsman through another

entitled to inherit, in default of sharers and residuaries

143

144

effect of the ambiguous terms of

how many and what kind of-effected by the use of any of the
ambiguous terms

irrevocable, effected by the use of a sign, or by the addition of a word
signifying similitude, comparison, vehemence, &c.
irrevocable, effected by the separation caused by lián, ilá, khulá,
impotency, or the like.

can be effected no more than three though more uttered
general rules in respect of

effects :-

412

415, 419

406, 412, 425
402

402, 422, 423

of one or two-revocable.

of one or two-irrevocable

of three-the third of which is always aggravated and irrevocable. 423
by delegation of power:-

to the wife herself

-

a necessary concomitant of marriage

if not mentioned in the contract, still the law presumes it by virtue

of the contract itself

of the like (mahr-i misl,) or proper-when due, and how deter-
mined

342

343,
345

what is the fit subject of

346

what is not fit subject of

when what is given as-is partly lawful and partly unlawful

346, 347
347

the minimum of-ten dirams

the maximum of-not limited

generally divided into two parts, muajjal or prompt, and mowajjal or
deferred

when the prompt part of-is exigible

when the deferred part is so

351

351, 358, 359

351, 358, 359

359

when not specified as to how much is prompt and how much
deferred
property assigned as-should at the time be in the husband's
possession

348

353

how and when confirmed.
when confirmed, does not drop except by relinquishment 353, 358,'
if mentioned in the contract, half becomes due upon divorce before
consummation or valid retirement, and the whole upon divorce
after consummation or valid retirement, or upon the death of
either of the married couple

if not mentioned in the contract, or stipulated not to be paid, only a
present is given upon divorce before consummation or valid retire-
́ment, while a mahr-i misl, or proper dower, is due upon divorce
after consummation or valid retirement, as well as at the death of
either
the wife may refuse herself to her husband until the prompt part of
-be paid in full .

how recovered when the property assigned as-is destroyed in
the hands of the husband, or claimed by a third party
when confirmed, is a debt like any other, and its payment is preferred
to that of legacies and distribution of assets amongst the heirs,
and it can be recovered even by the heirs of the wife.
the time to sue for even the prompt part of-does not begin to
run until the dissolution of marriage

364

353

354

may be sold or given in gift to the husband or to any other
person
like any other debt may be made a consideration for a transfer of
property by the husband to the wife

360, 361

the woman's guardian may stand a surety for

right to-how in danger of dropping, and how the danger is removed 364)
DUTIES-

belonging to the property of a person deceased

86

of the right of inheritance by divorce at death-illness

of the right of preemption by devices

EXCLUSION FROM INHERITANCE-

imperfect or partial, takes place with respect to five persons
perfect or entire, how effected, and who are subject thereto
enumeration of the excluders and excluded

EXTRACTOR-

of Shares. See Divisor of Shares.

FATHER-

a sharer or residuary

298, 299, 300

both simultaneously

95

a male and a female infant sucking from one breast prohibited to
intermarry

366

persons prohibited to intermarry by reason of consanguinity are
also prohibited by reason of

366

exceptions to the above

368

FUNERAL CEREMONY-

the performance of

86

expenses of-to be defrayed out of the assets before discharge
of debts, &c.

86