Is it permissible to administer an oath to those who were beside the person from whom something was stolen when the theft occurred?

The default is to assume the best of a Muslim and to interpret their actions favorably. However, if an accusation arises and is strengthened by circumstantial evidence, it is permissible to request an oath from the accused. This is corroborated by the fact that a rights-holder may bring an accused person before a judge and request their oath, even if they lack direct evidence, as long as the accusation is strong. Thus, it is even more appropriate to permit requesting an oath outside of a court setting if an accusation exists. The more evident position is that an oath should be sought if the accusation is strong, and it should be waived if it is weak.