Fatwa ID: 01688

Answered by Mufti Mohammed Tosir Miah

Question:

What is the ruling on charging the students extra money if they delay paying the fees?

 Answer:

There are three main categories under which a Qadhi (Islamic Judge) can convict a person for a crime and then the penalty for that crime takes place.  

1.Tazeer

2.Hudud

3.Qisas

For the purpose of this discussion we will look at tazeer.  Tazeer is where there is no prescribed punishment from the Shariah.  It is left upon the government or the Qadhi to impose a penalty for this crime.  Sometimes the Qadhi may apply a stern tazeer such as death to deter people from copying the crime.  Tazeer can also include whipping the criminal with sticks and a belt though this should not be more than 39 whips.   (Ashraful Hidayah p.736 v.6)

The same way a criminal can be lashed for committing crimes where there are no prescribed punishment from the Shariah, similarly, the concept of taking money from people as a punishment falls under the ambit of Tazeer in Islam. This is known as Tazeer Bil Maal. (Fatawa Darul Uloom Deoband)

According to the majority of the scholars including Imam Abu Hanifa Tazeer Bil Maal is not allowed in Islam. However, Imam Ahmad and Imam Abu Yusuf are of the view that it is permissible. Contemporary Hanafi scholars have preferred the view of Imam Abu Yusuf and have allowed the concept of implementing monetary fines or penalty on an individual who steps out of line with the Shariah. (Taqrir Tirmizi p.119 v.2)

However, the concept of Tazeer Bil Maal should be used only in the situation where a person is breaking the laws of the country he is residing in or by breaking the laws of the Shariah. An Islamic institution should not be implementing such rules, which according to the majority of the scholars in Islam is unlawful.

At the same time I do understand the need of certain Islamic institutions to be stern with students and parents when it comes to fees to maintain the smooth running of classes and the institution.  Therefore, the best solution which I humbly recommend will be for the institution to charge a monetary fine for those students who do not pay their fees with the intention to caution them and then after a few days return their money back or with their permission donate the money to a good cause. (Fatawa Darul Uloom Deoband p.249 v.11)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.