Is it permissible for the institute to retain the full amount paid for tuition, accommodation, and food, based on Article Six of its law, if the student discontinues her studies after a month and a half?
Enrolling a student in the institute constitutes an ijarah (leasing/hiring) contract for teaching the Qur’an and Islamic studies. This contract is binding, and no one has the right to unilaterally terminate it before the agreed-upon period unless there is a legitimate shar’i (Islamic legal) excuse. The majority of scholars hold that a legitimate shar’i excuse is a general one, not specific to the hirer (the student). Based on the view of the majority, the institute is entitled not to refund the amount to the student, and this is the most preponderant opinion. However, the Hanafis expanded the scope of legitimate excuses for termination, and according to their view, the student has the right to reclaim the remaining portion of the fee after deducting the period of her study.
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- Ftawy
- Original fatwa ID
- 72894
- Imported
- Translation status
- Source text, unreviewed
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