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Class fee, i know i owe them money but their records reveal my account is settled, what do i do?

Answered as per Hanafi Fiqh by Askimam.org

I was taking driving classes from a well-known institute here in the U.A.E. To the best of my knowledge, I paid all the fees that was required of me. However, there was this one incident where my road test was to take place on a Monday and my classes got over on a Saturday. To the best of my knowledge, according to the rule of the institute you’re supposed to keep taking classes until the day of the road test (which in my case fell on a Monday). Now, my driving instructor (an employee of the institute) told me that I need not pay the fees for one more class (which would amount to 45 dirhams approx.) but that I can take that class for free. I do not, however, think this move was legal/allowed by the institute, since I guess you’re supposed to pay for each and every class you take and the instructor never informed his superiors that he was doing what he did. He did this out of kindness towards me, not wanting any of money to get “wasted” and perhaps also because it may be considered absurd to go and pay for one more class (the norm is to pay for 6/7 or more classes together, I am unaware of people paying for single classes). Now, I’ve been rather worried about this whole affair. I cannot be sure, but I think my instructor did a similar thing (once or maybe more) before this incident. The reason I can’t be sure is because my instructor had the card in which the number of classes a student has taken are recorded and I honestly did not keep track of how many classes I had already taken. It maybe that my classes could’ve gotten over on a particular day and I’d have to pay the fees for the extra classes I’d be taking on Day X, but he would probably send me on Day (X 1) to pay the fees, thus (perhaps) saving me a few bucks. But, I can’t be sure if it was done more than once (I keep getting this feeling that perhaps it was done more than once). Anyway, I am sure about this one incident at the very least because he informed me of it. Now that I have my license and my file at the institute is closed, I don’t know if I should return to pay the 45 dirhams. It may put my (former) instructor in trouble (though it isn’t necessary this would happen, but it’s a possibility). They may even laugh it off and say that they don’t care about a few dirhams (few from their point of view, considering that I spent approx. 4000 Dirhams in getting a license….so the amount of 45 Dhs. may seem negligible from their point of view). The truth is I don’t know what would happen but I am rather intimidated and unwilling to go back to the institute and give this amount of money. Should I simply give this amount of money in charity, and pray to Allah to forgive me? Should I give more than this amount (since such an incident may have occurred more than once) and if so how much would/should I pay/give? Should I instead go back to the institute and give it to them (I’ll be very honest with you I don’t know if I’d be able to do that)? Should I even give away any money at all and simply repent to Allah? Was what happened allowed or could it in anyway be ignored?

Answer

The driving instructor is an employee of his company. It would be permissible for him to forfeit any amount due to the company from his side if he has been given the authority. If he has not been given the authority, it will not be permissible for him to forfeit any amount and the responsibility will be upon him to reimburse the company for any amount forfeited.

The amount may seem negligible, but it is due to the company and should not be regarded as insignificant. On the day of Qiyaamat, there will be very severe reckoning for the rights due to the servant of Allah. Allah mentions in the Qur’aan, ‘Who will do an atom’s worth of good will see it and who will do an atom’s worth of evil will see it.’ Since your conscience is troubling and you are only certain about the one time which he told you about you should estimate an amount, from your side and pay it to the company anonymously. You don’t have to disclose your name or the name of the instructor, but just merely state that these are some outstanding amounts and you are too embarrassed to come forward, so you are doing it anonymously.

It is equally, as important for you, to inform the instructor that if he doesn’t have the authority, it will not be permissible for him to forfeit any amount.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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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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