A Madrasah charges students fees. Although there is no insistence on paying the fees and students who do not pay the fees are not penalized, neverthel

Answer

Remember that a Madrasah is not a business venture. The objective (Maqsad) of operating a Madrasah is to gain Allah's Pleasure and Thawaab in the Aakhirah. The principal is not allowed to convert the Madrasah into a business venture for personal monetary gain. The Principal, should stipulate for himself a wage just as the Ustaadhs are paid. Fees for teaching the Deen are despicable, and should be the very last resort, and then too, taken according to need.

Tamleek too, is a last resort stratagem for the sake of preserving the Deen, not for personal gain. Furthermore, the stratagem of Tamleek may not be adopted for the acquisition of adornment or luxury items or nonessentialities even if these are associated with the Madrasah. For example, Zakaat funds may not be subjected to Tamleek for paint, carpets, tiles and the like. The subsistence of the Madrasah is not reliant on these non-essential requisites.

According to Imaam Ahmad Ibn Hambal, those who resort to Tamleek are like dogs who lick up their vomit, hence the Hambali Math-hab does not permit Tamleek. Although the Ahnaaf differ with the strict view of the Hambalis, and condone permissibility in cases of dire need, this is not a licence for unbridled employment of the stratagem of Tamleek for non-essential expenditure nor may Tamleek be employed for self-enrichment.

It should be remembered that the Fuqara and the Masaakeen have a prior right on Zakaat Funds. The world is filled with the poor who are battling for food and other absolute needs. It is thus in conflict with the tenets and ethos of the Deen to resort to Tamleek of Zakaat funds to cater for such expenditure of the Madrasah which the Shariah does not regard to be absolutely necessary. If Zakaat funds are used for non-essential expenditure even after Tamleek, then it is grievous error.

The Ulama who say that the principal becomes the owner of the fees and the transformed Zakaat funds, are in error. The purpose of fees and the objective of Tamleek of Zakaat funds is the maintenance of the essential Madrasah institution of the Deen. The objective is not monetary gain and enrichment. The principal should ensure that all such funds (fees and transformed Zakaat) are used strictly for the operation of the Madrasah. This will include the salaries of the Asaatizah as well as the salary of the principal, and there should not be great disparity between the salary of the teachers and the salary of the principal. Even the Ameerul Mu'mineen during the era of the Khulafa-e-Raashideen was paid a very small wage from the Baitul Maal. The wage was the amount which a menial labourer would earn, or perhaps less than his wage. Elsewhere in these pages also appears further elucidation on this subject.