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 ?
Is it justified to steal from a thief?
I attended an eight week course (once a week) on "Thinking About Thinking" this last year. We learned about Socrates, Plato, Aristotle, Japanese culture, Islamic culture. etc. According to the prof it is in Islamic culture. Not only justified but the right thing to do.
As a side note he ended up the eighth week talking about Heisenberg and uncertainty, the fact that Aristotle and Plato thought they had it all figures out with atoms (can't split atoms) and now we have electrons, protons, quarks, and more, He did it in an unusually funny way. After the class was over I introduced myself as a retired college chemistry prof and that I wished I could have been that amusing when I lectured. He said, "How interesting. I was a chemistry major in college too and I took organic as a junior and struggled daily throughout the course. But I passed it. Then I got the calling to be a preacher." Then the line that broke me up. "I just wish God had called be BEFORE I took organic chemistry rather than after."
In Islamic jurisprudence, there are several principles that would apply to the situation you described. While I can provide a general understanding of the principles, it is important to note that specific rulings may vary based on the interpretation of scholars and the particular circumstances of the case. Therefore, consulting with a knowledgeable scholar is recommended for a precise ruling.
1. Presumption of Innocence: In Islamic law, individuals are presumed innocent until proven guilty. While you mentioned there is overwhelming circumstantial evidence, it is essential to differentiate between suspicions and conclusive evidence. Without concrete proof or confession, it may be challenging to definitively establish guilt.
2. Burden of Proof: The burden of proving the wrongdoing lies with the accuser, in this case, the employer. In the absence of evidence, it would be difficult to establish the worker's guilt and justify any punitive actions.
3. Legal Procedures and Due Process: Islam emphasizes the importance of justice and legal procedures. If an employer suspects an employee of theft, it is generally recommended to follow legal processes rather than resort to unilateral actions. This allows both parties an opportunity to present their case and ensures a fair and just resolution.
4. Avoiding Vigilantism: Taking matters into one's own hands and resorting to vigilantism or arbitrary punishment is discouraged in Islam. It is important to uphold the principles of justice, fairness, and mercy even in difficult situations.
In light of these principles, it would be advisable for the employer to seek legal counsel and follow established legal procedures to address the issue. This may involve reporting the suspected theft to the authorities, providing any evidence, and allowing the legal system to decide on an appropriate course of action. By doing so, the employer can maintain their own integrity while also demonstrating respect for the rights of the accused worker.
Remember, seeking guidance from a qualified Islamic scholar is recommended to obtain a comprehensive understanding of the specific rulings and regulations pertaining to the situation.