Paying Fines For Absences From School Or Madrasah

Darulifta Ahlesunnat

(Dawateislami)

Question

   What do the scholars of the Deen state regarding the following issue: is it permissible for a school or Madrasah to issue fines (financial penalty) when the child is absent? Is it permissible to use that money, which was received as a penalty, on the institute?

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

   Whether it be children or adults, a matter of taking a day off or something else, it is not permissible to issue a financial penalty because this is punishment by means of wealth - and this has been abrogated. It is impermissible to act upon that which has been abrogated. Moreover ,this proves the grabbing of someone's belongings without validity and a Shariah-justified reason and Allah Almighty has prohibited us, in the Holy Quran, from acquiring the wealth of another through a false method.

   Remember, it is absolutely not permissible for the recipient of the penalty to spend that money on any cause i.e. on himself or on any of the works of the institute, etc. Rather, it is obligatory for him to return it to the owner. If the owner is not alive, then he must give it to his inheritors. If the inheritors are not alive, or he does not find the original owner or his inheritors, then he should give it to someone who is Shari’ Faqeer, without the intention of reward. He cannot make the intention of Sadaqa  in giving the money , but he can make the intention of reward for acting upon a Shar’i ruling.

   Important note: Receiving the fine from the wealth of an adult individual is impermissible, like mentioned previously. However, if a non-adult pays the fine from wealth he possesses, then the ruling of being impermissible becomes more severe as this is such spending that only causes loss to the non-adult, because the wealth of the not-adult is being destroyed without taking anything in exchange. A non-adult does not have permission from Shari’ah to spend his wealth in this way, even if he is doing so with his own will or with the permission of his Wali (guardian). On this basis, the noble jurists have deemed the gift and charity of a non-adult to be impermissible; it is necessary to return the gift and Sadaqa even though the act of gifting itself is permissible, whereas here the taking of the said fine has been declared impermissible by Shari’ah. So, taking money from the wealth of a non-adult, to pay a fine, is not permissible in any scenario.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّم

Written by: Mufti Fuzail Raza Attari