Taking a monetary fine and spending it on a mosque

Question

Question: In a certain biradari (kinship community) some rules have been laid down, and for violating them they collect a sum of money as a fine by way of siyasa (administrative measure). What is to be asked is: is it permissible to spend the said sum on the needs of the mosque or not? Kindly write the answer to the question and be rewarded by Allah.

Answer

The relied-upon position of the madhhab is that such a fine is impermissible. If some sum has been collected as a fine, it must be returned; it is not valid to spend it on a mosque and the like. [ar]قال في الفتح: وعن أبي يوسف ﵀ يجوز التعزير للسطان بأخذ المال، وعندهما وباقي الأئمة لا يجوز. ومثله في المعراج، وظاهره أن ذلك رواية ضعيفة عن أبي يوسف.

Source: Fatawa Mahmudiyya

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