What is the ruling if the victim (al-masruq minhu) refuses to swear the oath concerning his claim of ownership over the property allegedly stolen?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the victim does not swear the oath regarding his claim that the property was legally his, the ruling is made against him, the penalty (hudud) is waived, and this outcome is absolute (wajhan wahidan).