Question
As Salaamu Alaykum, the university I was at give a bursary (a grant) to eligible students and that amounts to up to £2000 a year, they gave me that in the first and second year, totalling £4000 they paid out (I have finished 2 years)
In the first year, when it came to exam period, a tutor at the uni basically shared with students by email a question on the exam (the tutor writing the exam) before the exam and he also gave a lot of detail in answering the question so he gave a response that if one used hat he sent, the uni would give him a high mark
I used what he sent but didn’t intend to plagiarise so I would make an attempt to make differences and not directly copy and paste however the uni could still see this as plagiarism so I contacted them about what the tutor did and how I responded to that question, as of yet they haven’t responded
I was thinking that because of how I answered that question they could see it as plagiarism and I wondered if they would want me return the bursary they gave from the first year, also they passed me into the second year and I got a high mark on that paper (that was one question on one exam out of 4 exams), so I was thinking that because of how I got into the second year if they would want me to pay back the bursary they gave me for the second year also which would total £4000
The money they gave me throughout these 2 years, I have spent a lot from it I.e. around £500 plus on books, I have paid for an Islamic studies course and bought items such as a bookshelf. All that money was in a bank account.
I have also been given money from family which isn’t in the bank account, so I was thinking that could I use that money the family gave me in this situation
At the moment I’m not using that money that is my bank account in case they ask for it back but as for the money I have at home that family gave, could I use that or shouldn’t I in case if they do ask me and I don’t have the sufficient amount in my bank account then I would use that also?
I contemplated what happened in the first year and asked the Uni about it recently (end of second year), I didn’t intend to cheat to get money or passes, in the first year this occurred and it occurred after I had received the bursary in full for that year
Then I moved into the second year and took another bursary which where I spent a lot of it on Islamic books, I haven’t been using them books recently because I fear if I spent Haram wealth
At the moment I’m waiting for the Uni to reply and haven’t picked options for year 3 in case they remove me or something
What advice would you give Shaykh? What should I do about the things I have bought and how about the institute I paid for classes? Shall I contact them?
(I haven’t been spending money from that bank account but if my mother gives me money can I use that for myself? I.e. paying for a class, paying for a meal, or if I have money that family gave me and I have it already in possession can I use that?)
Answer:
Bismillahi Ta’ala
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ʿalaykum wa-rahmatullāhi wa-barakātuh.
Dear brother, we commend you for your honesty and your desire to remain within the boundaries of Shari’a in your conduct, earning and spending.
Allah Ta’ala advises us:
إِنَّ ٱللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّواْ ٱلْأَمَٰنَٰتِ إِلَىٰٓ أَهْلِهَا وَإِذَا حَكَمْتُم بَيْنَ ٱلنَّاسِ أَن تَحْكُمُواْ بِٱلْعَدْلِ ۚ إِنَّ ٱللَّهَ نِعِمَّا يَعِظُكُم بِهِۦٓ ۗ إِنَّ ٱللَّهَ كَانَ سَمِيعًۢا بَصِيرًا
Allah commands you to deliver trusts (including public and professional duties of service) to those entitled to them; and when you judge between people, to judge with justice. How excellent is what Allah exhorts you to do; verily Allah is All-Hearing, All-Seeing. (Nisā’: 58)
In Sha Allah, as long you have not intended to cheat or plagiarize, Allah Ta’ala is aware of it. We make du’a that He absolves you of all the misunderstandings and clears your reputation regarding this matter. We recommend that you pray 2 rak’āts salāt al-hājah and beseech Allah Ta’ala to assist you in this case.
As far as the grant they have given you and the money that you have spent from it, this is something that is permissible for you and the money that you have spent from it is purely Halal. Whether they will take the money back from you or not is still undetermined.
As for whether the university will take the money back and what they will decide regarding your case, we cannot comment about that, as it is their prerogative. Any questions related to the expenditure of the bursary; we recommend that you speak to a school/advisor regarding those matters to be sure.
As per the laws of the Shari’a, whatever you have spent of it so far, is permissible and even whatever you may spend from it from now on, would be allowed as well, until the point they tell you otherwise.[1]
And Allah Ta’āla Knows Best
Maulana Tameem Ahmadi
Union City, CA.
U.S.A
Checked and Approved by:
Mufti Faisal bin Abdul Hamīd al-Mahmudi
www.fatwa.ca
[1] الحاوي القدسي: 2/145
الهبة نوعان: ما لا رجوع فيه وما فيه رجوع مع الكراهة. فالذي فيه الرجوع، للموهوب له الامتناع من رده والانتفاع به ما لم يحكم الحاكم عليه بالرد، فإن تصرف فيه بعد ما قضاء عليه فهو ضامن. ولا يصح الرجوع في الهبة إلى بتراضيهما او بحكم الحاكم
بدائع الصنائع: 8/115، ط.دار الكتب العلمية، 2010
أما أصل الحكم فهو ثبوت الملك للموهوب له في الموهوب من غير عوض لأن الهبة تمليك العين من غير عوض فكان حكمها ملك الموهوب من غير عوض
ردّ المحتار: ٨/٤٣٧، دار إحياء التراث العربي، ط.١٤١٩
وفي رجوع الهبة نَقَلَ الإمام ابن عابدين عن الإمام الرملي قد نظم ذلك والدي العلامة شيخ الإسلام محي الدين فقال:
منع الرجوع من الواهب سبعة
فزيادة موصولة، موتٌ ، عوضٌ
و وخروجها عن ملك موهوب له
زوجيةٌ، قربٌ، هلاك قد عرض