Definition of RUBʿ (ربع)
RUBʿ (ربع) is an Arabic term that translates to “a fourth” in English. In Islamic jurisprudence, particularly within the context of inheritance laws, it refers to the portion of an estate allotted to specific heirs under certain conditions. For instance, a wife is entitled to a quarter (RUBʿ) of her husband’s estate if he dies without leaving any children.
Etymology
The term RUBʿ (ربع) is derived from the Arabic root “ر-ب-ع” (r-b-ʿ), which generally pertains to the concept of a ‘fourth.’
Arabic and Turkish Translations
- Arabic: ربع
- Turkish: dörtte bir
Application in Islamic Law
Context of Inheritance
In the framework of Islamic inheritance laws, as specified in the Quran and elaborated in the Hadiths and Fiqh (Islamic jurisprudence), the term RUBʿ plays a significant role. The inheritance shares are meticulously outlined to ensure fair distribution among the heirs. Notably:
- A wife is entitled to a quarter (RUBʿ or ربع) of her deceased husband’s estate if he has no living children. This provision underscores the importance of financially securing a surviving wife.
Legal References
The concept of RUBʿ is grounded in various Islamic legal texts. The principal source is the Quran, with additional details and applications provided by the Hadiths and classical Fiqh scholars.
Primary Quranic References:
- Surat An-Nisa (4:12): “In what your wives leave, your share is a half if they leave no child; but if they leave a child, you get a fourth of what they leave after payment of legacies and debts.”
Examples
Scenario 1: Husband Dies Without Children
If a man passes away without children, his wife is entitled to a fourth (RUBʿ) of his estate. This provision is designed to ensure that the wife is adequately supported.
Scenario 2: Husband Dies With Children
If the deceased husband has children, the wife’s share reduces to an eighth of the estate.
Further Reading
Suggested Books
- “Islamic Law of Inheritance: Principles and Practices” by Hamid Khan
- “Sahih al-Bukhari” by Muhammad al-Bukhari (Hadith Collection)
- “Al-Muwatta of Imam Malik” by Malik ibn Anas (a Classical Text on Fiqh)
Takeaways
- RUBʿ (ربع) signifies “a fourth” in Arabic.
- In Islamic inheritance law, it determines a wife’s inheritance share when her husband dies without children.
- Both the Quran and Hadiths provide the foundation for this legal stipulation.
- Understanding inheritance shares is crucial for the application and enforcement of Islamic law.
Conclusion
The concept of RUBʿ (ربع) is integral to Islamic inheritance laws, ensuring equitable distribution among heirs. Specifically, the allocation of one-fourth of a husband’s estate to his wife without issue encapsulates Islamic principles of provision and fairness. For comprehensive understanding and practical implementations, classical Islamic texts and contemporary scholarly works offer valuable insights.
