Is the prescribed punishment (Hadd) of amputation applied if a person confesses to theft, but the owner denies the theft and claims it was unlawful seizure (Ghasb) or denial of trust (Juhood)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment of amputation is not established if the claimant (Mudda'i) does not concur with the confession of theft. If an individual confesses to theft from a man, but the owner states, 'It was not stolen from me, rather you seized it unlawfully (ghasabtanī),' or 'I had a deposit with you, and you denied receiving it (jahadtani),' amputation is not applied. This position is held by Abu Thawr and the companions of the opinion (Ahl al-Ra'y).
Supporting text
The basis for this ruling is that the confession did not align with the claimant's assertion regarding the nature of the claim.