Taking money that was kept by someone as amaanat unjustly

Question

I would appreciate your guidance on the following two queries/issues.

Query/Issue #1: I will refer to two individuals as “Person A” and “Person B”. Person A had 2 packets containing money. These packets were given to Person B by mistake. The same day, Person A had informed Person B of the mistake and requested that these parcels be returned. Person A had a full account and record of the money, who it belonged to, date and amounts. Unfortunately Person B has now taken “ownership” of this money parcels unjustly and does not want to acknowledge nor accept Person A version and has discarded all these records that was with the parcels. Person A has taken an oath that the money parcels belongs to Person A. What is the Sharia ruling (Islamic ruling) on who has the right to these money parcels.

Query/Issue #2: If some money was left in trust with an individual, and such money was taken unjustly and without neglect by the responsible individual, is this individual liable for returning and/or executing on the instruction of such money?

Mufti Ebrahim Salejee · Accepted Answer

1. Person B flatly rejects Person A's claim and Person A does not have any evidence to prove that it is his money. Hence, apparently there is no recourse for Person A to claim that wealth. It is left entirely on the conscience of Person B.

2. Yes, he is responsible.

And Allah Ta'ala (الله تعالى) knows best.

2. Yes, he is responsible.

And Allah Ta'ala (الله تعالى) knows best.

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