Question on theft

Question:

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?

Answer:

The theft has to be proven, either by the testimony of two credible witnesses or by the confession of the thief. In this case you are advised to apply the wisdom of the following hadith:

Anas ibn Malik reported:

عَنْ أَنَسٍ رضى الله عنه قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم انْصُرْ أَخَاكَ ظَالِمًا أَوْ مَظْلُومًا‏ قَالُوا يَا رَسُولَ اللَّهِ هَذَا نَنْصُرُهُ مَظْلُومًا، فَكَيْفَ نَنْصُرُهُ ظَالِمًا قَالَ تَأْخُذُ فَوْقَ يَدَيْهِ

2312 صحيح البخاري كِتَاب الْمَظَالِمِ انصر أخاك ظالما أو مظلوما
2584 صحيح مسلم كِتَاب الْبِرِّ وَالصِّلَةِ وَالْآدَابِ بَاب نَصْرِ الْأَخِ ظَالِمًا أَوْ مَظْلُومًا

The Messenger of Allah, peace and blessings be upon him, said, “Help your brother whether he is an oppressor or is being oppressed.” It was said, “O Messenger of Allah, we help the one being oppressed but how do we help an oppressor?” The Prophet said, “By seizing his hand.” (Sahih Bukhari 2312, Sahih Muslim 2584)

Imam Senad Agic
American Islamic Center – Chicago
www.aicchicago.com
www.imamsenadagic.com

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