Confiscating a phone on campus

Question:-

If an institute confiscates a phone or tablet etc. from a student, due to it not being allowed on campus, what is the Islamic ruling in regard to the item?

1) Can the admin break the item?

2) Can they dispose of it?

3) Can they sell it?

4) Do they have to return it to the parents, or the students?

Answer:-

If the campus administration confiscates the electronic  device because it violates the  campus rules to have it in one’s possession on campus, then it should be returned to the student, who is the owner of the device. It is not permissible for the administration to destroy, sell, or dispose of the phone in any other way. On the other hand, if the students voluntarily signed some sort of documentation whereby they had agreed to voluntarily forfeit their device to the institute if they are found to be in possession of it, then it is a different matter altogether. In this scenario then, the administration department may keep the phone and it may be disposed of according to their discretion.

لا يحل لاحد ان يأخذ متاع أخيه لاعبا ولا جادا فان اخذه فليردّه عليه (الهداية مع العناية ص322 ج9)  

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:-

Mufti Mohammed Desai

Date: 01 Muharram 1444 / 31 July 2022