An employer found out that his worker has been stealing money from his business for some time. Though he has not caught him red handed, the overwhelming circumstantial evidences leaves no doubt at all about the thefts. However the worker stubbornly refused to admit his wrongdoing. What is the Islam ruling if the employer straightaway cut the wages of the worker to cover his loss due to the theft as it would not be worth the trouble to bring the case to the court?
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2"البينة على من ادعى واليمين على من أنكر" is a relevant ruling. It states that "Whoever accuses a person with a crime must bring an evidence, and if the person wants to deny the accusation, he must make a holy swear that he didn't do."– Tamer ShlashCommented Dec 20, 2014 at 22:59
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If its allot of money and he thinks he did, then he should act on it because if he don't it could continue and he lose the company by him/her. What @Tamer said is true, but if it all traces to him and you are sure it is him you should act if you are not sure do not do anything and bring some more evidence. Make him swear to Allah that he did not steal anything, If he does you should just assume he didn't do it even when you still think he did it. An other option is to fire him, if he refuses to go tell him you will go to the police he may tell the truth if not, escalate it to the police.– typodCommented Apr 28, 2015 at 21:06
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1 Answer
In Islam, if a husband walks in on his wife having intercourse with another man he can not do anything unless he has 4 other witnesses or swears upon Allah that she did it -at which she can swear she didn't and she is free to go as Allah mentions in the Quran:
واللاتي يأتين الفاحشة من نسائكم فاستشهدوا عليهن أربعة منكم
The same thing is true with all crimes in Islam, the person must be caught in the act of stealing and not just from one person, unless the person confesses his crimes.
Lawfully speaking, if you take a person to court or the police with circumstantial evidence (even if they are overwhelming), it is all that is, circumstantial and will be thrown out of the court.
Sources: - http://library.islamweb.net/newlibrary/display_book.php?idfrom=6280&idto=6299&bk_no=15&ID=6171