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 theft. He is the only worker and the money gets missing only after his work. This happens for many times. There are nobody else who would have access to the money except him.Before he is hired for work no money is lost.However the worker stubbornly refused to admit his wrongdoing. The employer straightway cut the wages of the worker to cover his loss due to the theft as it would be a messy ,costly and waste of time to bring the case in the present court system. Also the court system is not based on syariah. What is the Islam ruling to the employer .Has he committed sin by doing so or he is justified to do so in the present situation especially it is not just suspicion.
In Islam, it is important to establish justice and fairness in all matters. If an employer has overwhelming circumstantial evidence that an employee has been stealing money from the business, but has not caught the employee in the act, there are a few things to consider.
1. Valid evidence: It is crucial to ensure that the evidence is strong and undeniable. Circumstantial evidence, while persuasive, may not be sufficient to establish guilt beyond a reasonable doubt.
2. Due process: Islam places a great emphasis on justice and fairness. It is important for the employer to ensure that proper due process is followed before taking any action. This includes conducting a thorough investigation, confronting the employee with the evidence, and giving them an opportunity to defend themselves.
3. Repayment of stolen funds: If the employer is reasonably certain that the employee is responsible for the theft, they have the right to seek restitution for the stolen money. Cutting the worker's wages to cover the loss may be considered a permissible course of action, as long as it doesn't exceed the amount stolen.
4. Resolution within the Islamic framework: It is recommended that the employer try to resolve the matter within the Islamic framework before seeking legal action. This can involve consulting a knowledgeable Islamic scholar or counselor who can help mediate the dispute and guide both parties towards a just resolution.
5. Seeking legal recourse: If the employer is unable to resolve the matter internally or within the Islamic framework, and the stolen amount is substantial, they may consider taking the case to a civil court - even if it is not based on Shariah. This is because it is generally important to uphold the rule of law and seek justice in a fair and legitimate manner.
It is important to note that every situation is unique, and it is advised to seek guidance from a knowledgeable Islamic scholar or counselor who can provide specific advice based on individual circumstances.