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Leaving university without completing degree, and without paying the fees due to lack of funds. Qarz, Theft or what?

Answered as per Hanafi Fiqh by Askimam.org

Assalam-o-Alaikum Consider a student studying here and working on-campus in their first semester of studies, doesnt have the money to pay for the tuition at the end of the semester. For some reason, he has to go back to his home country for good. Currently he only has money for the ticket. Other people, including his relatives, offer to pay for the fees but he does not want to take a loan or accept it as gift. Here’s what happens if he doesnt pay, he: i. is not awarded his transcripts for the semester ii. can not register for next semester in the same university (so as to complete his degree) iii. can not register for courses at any other university iv. is (probably) declared a defaulter after a few months/years Is this money a Qarz (loan) on him? If he goes back to his home country without paying the tuition is it theft (i.e. Haraam)? If yes, and he has no way to pay, how does he avoid this, or repent? The university is run by the State (i.e. Government owned). In the light of current situation where US government is oppressing muslims (which is one of the reasons of his not staying in US), can he or can he not commit such an act, without causing displeasure of Allah and commit a Gunah-e-Kabira (which is robbery/theft). Thank you JazakAllah P.S. The reason for his wish to leave the country is the current situation and he doesn’t like to stay in USA anymore, or pay them any more tuition which he believes goes into funding research against his own.

Answer

Islam is a religion of honesty, when the person in reference enrolled
himself at the university; he voluntarily entered into a contractual
agreement with the University. According to the Shariah, he is bound by the
agreement and he has to pay the fees due to the University. The political
situation is no excuse for him not to pay as the political position of the
US Government was clear before the Afghanistan situation.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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