Is the mother sinful for not returning the amount paid to the guardian, in compliance with the school's laws that do not permit it?
The fundamental principle concerning lease contracts is their binding nature. This includes study contracts at Quran memorization schools. Such contracts cannot be rescinded except with the mutual consent of both parties. Therefore, if a student is enrolled in a school for a specific period, the tuition fee becomes obligatory, regardless of whether the student attends or not. This is the view held by the majority of jurists.
However, some scholars, such as the Hanafis, Ibn Taymiyyah, and Ibn Uthaymeen, hold the view that a lease contract can be terminated due to unforeseen circumstances (force majeure). The Standards Authority has also adopted the permissibility of terminating a lease contract due to unforeseen circumstances.
Accordingly, if, for example, the student's guardian relocates to another city, it is permissible to terminate the contract with the school and receive a refund. However, if there is no unforeseen circumstance, the school has the right to refuse termination and not refund the money. If the student's guardian agrees to a condition of no refund, this further confirms the binding nature of the contract and its inability to be terminated, based on the Prophet's (peace be upon him) saying: "Muslims are bound by their conditions."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/19715
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 19715
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy