Praise
be to Allah
It is not
permissible to impose a financial penalty on a student who falls short,
regardless of whether this money is given in charity or is given to the
students who complete their work, because this is a kind of financial
disciplinary punishment (ta‘zeer), and imposing a financial punishment is
the right only of the legitimate ruler or those who act on his behalf, such
as judges and those in positions of authority. Moreover, there is a
difference of opinion among the scholars as to whether it is permissible in
the first place to impose financial punishments.
The basic
principle is that it is haraam to take the wealth of the Muslims, because
the Prophet (blessings and peace of Allah be upon him) said: “Your blood,
your wealth and your honour are sacred to one another, as sacred as this day
of yours in this month of yours in this land of yours. Let those who are
present convey it to those who are absent.” Narrated by al-Bukhaari (67) and
Muslim (1679).
The Standing
Committee was asked about what some tribes agreed upon of imposing financial
penalties on those who do certain things.
Their response
was: This penalty is not permissible, because it is a financial disciplinary
punishment imposed by people who do not have the shar‘i authority to impose
it. Rather the matter should be referred to the courts, and these penalties
should not be imposed (by anyone else).
End quote from
Fataawa al-Lajnah ad-Daa’imah (19/252)
And Allah knows
best.