We have a question and hope you can help us in answering this question. At our madrasa, any students that miss a day without a valid reason or go on holiday without taking permission get a fine of £1.00 per day. The reason this rule has been implemented is so our madrasa attendance improves and students/parents take madrasa more serious. Students were missing madrasa for petty reasons and according to law we can’t give any punishment. This is why we have implemented the rule of £1.00 fine per day. Secondly the fine money we receive is used for; • We have awards for best student in each term and this student will receive a prize or gift. • We have a photo copier machine which is on rent, with the fine money we pay the rent. • The paper, card paper or ink that is required for photo copying machine and printer • Laminate paper • Cleaning equipment for masjid and madrasa. First question is that is it allowed (jaiz) to take fine money from parents looking at the reason we have mentioned? Secondly utilizing the fine money for the above mentioned is this allowed/Jaiz as we don’t have much other income? We hope you can help us in answering these questions.
بسم الله الرحمن الرحيم
(Fatwa: 973/975/H=9/1438)
(1) It is not lawful to impose financial fine.
وفى شرح الآثار التعزير بالمال كان فى ابتداء الإسلام ثم نسخ اهـ والحاصل المذهب عدم التعزير بأخذ المال اهـ افتاوى رد المحتار ج 3 ص 179.
And when financial penalty is not lawful then it is not lawful to use it in places mentioned there in number (1, 2, 3, 4, and 5). In case the income of madrasa is nominal then too the ruling would be same i.e. it is not lawful.
Allah knows Best!
Darul Ifta,
Darul Uloom Deoband