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Taking more money for tuition than the actual fee

Question

If a person takes money for the education fee, more than the actual amount being charged by the institution (where the person should attended the classes) from the ones guardian/parents, in an intuition that the extra money would be used in the academic charges (like stationary, pick-n-drop service, tuitions, etc…). Whether such money (remaining amount from the fee) is Halaal or Haraam?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is forbidden for a Muslim to take any part of another person's property except what he permits him to take. Imaam Ahmad  may  Allaah  have  mercy  upon  him reported that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "No property of any person can be lawful for another except with the amiable acceptance of the former."

So, if this son had taken this money from his father in order to pay the tuition fees, it is unlawful for him to use it for other purposes. If he does so, he commits a sin and should therefore pay back this amount to his father or ask him for forgiveness.

However, if he had taken the money in order to spend it on his education expenses (tuition fees and others), then it is permissible for him to use it in paying the tuition fees, stationery, etc...

Allaah Knows best.

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