The Responsibility of the Minister of Education for Returning to Schools in light of the Emerging Crisis of Covid-19: A Contemporary Jurisprudence Study

Abstract

This research aims to answer the question whether the Minister of Education is responsible for any infections or harm that may happen to students when they return to schools by explaining the effect of Covid-19 on the education level, uncovering the pillars of guarantee, and showcasing our Islamic Scientists’ opinions on the Minister’s behaviors. The study adopted the descriptive-inductive method because it is appropriate for the research content, and then the deductive method was used to clarify the shar'i ruling regarding the main question. The research concluded that the decision of schools’ closure was issued by the Council of Ministers, according to well-studied plans that were under the supervision of health authorities. Therefore, the Minister of Education was a causer not an initiator. Since education is the cornerstone of societies, the decision to return to school entails lofty interests and objectives, outweighing the disadvantages, and there is no guarantee from the Minister pursuant to the rule of "lawful permissibility is incompatible with guarantee".