What is the ruling if evidence proves an absent person committed theft?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 3 · Bab 1

Open in Qurani

Primary text

If irrefutable evidence (bayyinah) is established against an absent person proving they stole property, the judge must rule regarding the compensation (the value of the stolen property) but must not rule for the physical penalty (amputation of the hand).