Fines imposed on students by schools and colleges

28-11-2006 | IslamWeb

Question:

Aslam-o-Alikum , My question is regarding to fine charged by schools/colleges .It's a rule of my school that if student comes late in school he will be fined 10 Rs and if he remains absent from school then he will be fined 3 Rs . And I also want to know that if school administration take fine forcefully then what is ruling of Islam in this issue ?
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

If these fines are issued from a person who is in authority over the students or are based on a permission from a person who has such an authority in order to achieve a benefit for the students or oblige them to attend the school, then some scholars, like Ibn Taymiyyah, Ibn Al-Qayyim and Ibn Baaz may Allaah have mercy upon them permitted it. For instance, Ibn Taymiyyah may Allaah have mercy upon him said: "Reprimanding by imposing fines or inflicting a loss in someone's wealth, property or possession, is permissible in some cases according to the well known opinion of the Maaliki School of jurisprudence, and the view of the School of jurisprudence of Ahmad without any difference of opinion in some issues, and with a difference of opinion in some other issues [that he has not said so], and it is also the view of the Shaafi'ee School of jurisprudence in one opinion, even if they disagreed about some details as confirmed by the Sunnah of the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) in regard to depriving a person from what he hunted in the Haram of Al-Madeenah. This is exactly like him sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) ordering to break the large jugs of intoxicants, and like him sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) ordering 'Abdullaah Ibn 'Umar may Allaah be pleased with him to burn the two garments died with saffron, whereby Ibn 'Umar may Allaah be pleased with him asked the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: "Shall I wash them?", the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) replied: "No, rather you must burn them."

Therefore, all these issues and similar ones are true and well known to the scholars may Allaah have mercy upon them … and it is not confirmed that the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) has absolutely forbidden all kinds of fines, rather the four rightly guided caliphs and great companions may Allaah be pleased with them applied this after the Prophet's sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) death, and this is evidence that they are not abrogated.

Ibn Baaz may Allaah have mercy upon him when commenting on the statement of Ibn Hajar may Allaah have mercy upon him in regard to the abrogation of the narrations about fines or inflicting valuable losses to a person, said: "The authoritative view of Ibn Hajar that the narrations have been abrogated is not good, rather, the correct opinion is that they are not abrogated for the existence of much appropriate evidence in this regard."

However, if such fines are not issued from a person who is in authority or are not based on a permission from a person who has such an authority, nor based on a pre-condition, then they are not permissible. In this case, a person who avoids them is not sinful, but if they are taken from him forcefully, then he is not to be blamed and not sinful as well.

Allaah Knows best.

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