Acceptance of Confession and Testimony in Proving Theft
✍ Written by: Imran Ayub Lahori
❀ Principle of Proof in Theft
For establishing theft, a single confession or the testimony of two just witnesses is sufficient.
◈ Evidence from the Sunnah
➊ The Messenger of Allah (ﷺ) did not require the thief who had stolen a shield to confess a second time.
[Bukhārī: 6795, Kitāb al-Ḥudūd, Bāb Qawl Allāh Taʿālā: wa al-sāriqu wa al-sāriqatu…]
➋ Likewise, the Prophet (ﷺ) did not require repetition of confession from the one who had stolen the cloak of Ṣafwān bin Umayyah (رضي الله عنه).
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 3693, Kitāb al-Ḥudūd, Bāb fī Man Saraq min Ḥirz; Abū Dāwūd: 4394]
◈ Clarification of a Weak Report
The narration in which the Prophet (ﷺ) allegedly said to the thief:
ما إخالك سرقت؟
"I do not think you have stolen."
And the thief replied: "Indeed, I have." — repeated two or three times, is weak.
[Ḍaʿīf: Ḍaʿīf Abū Dāwūd: 943, Kitāb al-Ḥudūd, Bāb fī al-Talqīn fī al-Ḥadd; Irwāʾ al-Ghalīl: 2426; Abū Dāwūd: 4380]
◈ Opinions of the Imams
- Mālik (رحمه الله), Shāfiʿī (رحمه الله), and Abū Ḥanīfah (رحمه الله): A single confession is sufficient.
- Aḥmad (رحمه الله) and Abū Yūsuf (رحمه الله): At least two confessions are required.
[Nayl al-Awṭār: 4/587]
◈ Preferred Opinion (Rājiḥ Qawl)
The first opinion is stronger and correct, as supported by authentic evidence.
[al-Rawḍah al-Nadiyyah: 2/600]
Allah Almighty has commanded:
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ [al-Ṭalāq: 2]
"And bring to witness two just men from among you."
