Retaining A Percentage Of A Deposit
Question
A person starts an online course. The course is for 5 weeks. Those who want to take part are asked to deposit R1000 in his account for the course. After paying the amount, if a person decides not to take part in the course, then 20 percent of the amount is deducted and the rest is returned to him. Is this permissible? Can such a clause be put in a contract?
Answer
The R1000 will be regarded as an advance payment for the course. If the course is going to take place in the future, then the teacher cannot put a condition that R1000 must be paid in advance. If the course is currently taking place, then such a condition in the contract will be correct, as you had taken up a seat that could have been occupied by another student/candidate. However, if the cancellation is made before the commencement of the course, then a full refund will have to be given.
References (Arabic / Urdu sources)
( و ) اعلم أن ( الأجر لا يلزم بالعقد فلا يجب تسليمه ) به ( بل بتعجيله أو شرطه في الإجارة ) المنجزة ، أما المضافة فلا تملك فيها الأجرة بشرط التعجيل إجماعا
(در المختار مع رد المحتار ١٠/٦)
Sharhul Majallah of Khalid Al Attasi 1/508
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
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