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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?

1 min readAlso available in العربية

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 Such contracts cannot be rescinded except with the mutual consent of both parties.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 Sharia 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."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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