Q. My child is attending a Muslim School and the School has stated the following in their Enrollment Contract:
When an application is accepted for enrollment, a deposit is required. This is a one-time and refundable payment. Please note that if you intend removing your child from the school, we will require a terms notice (3 months) in writing. Failure to do so will result in the forfeiture of the deposit held.
Is the above correct Islamically? Can the school take my deposit if I removed my child from the school and I did not give a terms notice of 3 months?
A. The clause in reference of the Enrollment Contract of the Muslim School in not Shariah-Complaint and impermissible.
Accordingly, the Muslim School cannot forfeit the deposit of a parent even if the parent had removed their child from the school and a three Months notice had not been given in due time. Therefore, the Muslim school will have to return the full deposit amount to the parent.
The above matter should be brought to the attention of the Muslim School in order to rectify it. Alternatively, in future, the Muslim School may impose a nominal admin fee in such a case for administration purposes only.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.