The ruling on purchasing goods assumed to be stolen
Question
What is the ruling on purchasing goods if the buyer suspects they might be stolen? A man visited a local market to buy some items when he was informed by someone there that some of the goods sold in that market might be stolen. In light of this, is it permissible for him to purchase from that market?
Answer
The basic principle is that the seller is presumed innocent of any allegations as long as the merchandise is in their possession and there are no clear indications that challenge their ownership. It is impermissible to mistrust or accuse any person of theft without clear evidence in compliance with the words of Prophet Muhammad (peace and blessings be upon him) who said, “Beware of suspicion, for suspicion is the worst of false tales” (Bukhari and Muslim). Likewise, the seller's innocence is maintained until it is established by the relevant security authorities that a particular item being sold is stolen. Consequently, it is legally permissible for the individual in question to purchase the items he needs from this market or elsewhere without incurring any sin or guilt.
However, if the buyer strongly suspects that a specific item is stolen or unlawfully obtained, they should refrain from purchasing it and avoid doubtful situations, following the guidance of Prophet Muhammad (peace and blessings be upon him) who said,
“Leave that which makes you doubt for that which does not make you doubt” (At-Tirmidhi and Nasa’i).
Islamic law encourages thinking well of others and prohibits suspicion
Islam encourages Muslims to assume the best about others and to interpret their actions in a favorable light whenever possible. The basic principle is to view people’s actions as devoid of any wrongdoing and to find justifications for them. Allah Almighty says,
“O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin. And do not spy or backbite each other”
(Quran 49: 12). Prophet Muhammad (peace and blessings be upon him) emphasized this further by saying,
“Beware of suspicion, for suspicion is the worst of false tales”
(Bukhari and Muslim).
According to Imam al-Ghazali, reprehensible suspicion refers to unfounded thoughts and allegations in the absence of supporting evidence. It is impermissible to harbor negative beliefs about others unless there is clear and unequivocal evidence to support such views. The believer should therefore dismiss such thoughts as they are negative influences from Satan. Moreover, it is better to err on the side of favorable presumption, rather than an unfavorable one, as an erroneous favorable presumption incurs no sin, whereas an erroneous negative presumption can lead to misrepresentation, slander, and the discrediting of an individual. Prophet Muhammad (peace and blessings be upon him) said,
“If what you say about someone is true, you have committed backbiting and if it is false, you have slandered them”
(Muslim).
This approach aligns with the objectives of Islamic law, which seeks to protect people’s dignity, wealth, and lives from any violation against them. Not every allegation is true, rather, any allegation must be fully substantiated or grounded on an oath. Abdullah Ibn Abbas (may Allah be pleased with him) narrated that the Messenger of Allah (blessings and peace of Allah be upon him) said, “If people were given what they claim, they would unjustly claim the lives and property of others. The burden of proof is on the claimant, and an oath is required from the defendant” (Bukhari and Muslim).
Guidelines for Purchasing Goods
- Presumption of ownership
Items in a seller's possession are presumed to be their lawful property unless proven otherwise. A buyer is not required to investigate the seller's ownership if there is no evidence of theft. - Avoiding doubt
If there is reasonable doubt based on clear indications that an item is stolen, the buyer should avoid purchasing it to prevent any complicity in unlawful activity. - Legal proof is required
Allegations of theft require clear evidence. Prophet Muhammad (peace and blessings be upon him) said,
“If people were given what they claim, they would unjustly claim the lives and property of others. The burden of proof is on the claimant, and an oath is required from the defendant” (Bukhari and Muslim).
The ruling
Based on the above:
- The seller is presumed innocent as long as the goods are in their possession, and there is no evidence to the contrary.
- It is impermissible to accuse someone of theft or to suspect their ownership of goods with no evidence.
- Purchasing any item is permissible unless security authorities verify that it has been stolen.
- If the buyer strongly suspects that a specific item is stolen, they should refrain from purchasing it to avoid doubt as per the words of Prophet Muhammad (peace and blessings be upon him) who said,
“Leave that which makes you doubt for that which does not make you doubt.”
And Allah the Almighty knows best