Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.
Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."
USC-MSA web (English) reference | : Book 36, Hadith 14 |
Arabic reference | : Book 36, Hadith 1418 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2598 |
In-book reference | : Book 20, Hadith 66 |
English translation | : Vol. 3, Book 20, Hadith 2598 |
Reference | : Sahih al-Bukhari 6949 |
In-book reference | : Book 89, Hadith 10 |
USC-MSA web (English) reference | : Vol. 1, Book 85, Hadith 81 |
(deprecated numbering scheme) |
Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."
Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."
He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."
USC-MSA web (English) reference | : Book 41, Hadith 16 |
Narrated Wa'il ibn Hujr:
When a woman went out in the time of the Prophet (saws) for prayer, a man attacked her and overpowered (raped) her.
She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.
She said: Yes, this is he. Then they brought him to the Messenger of Allah (saws).
When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her.
He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.
He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.
Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.
حسن دون قوله ارجموه والأرجح أنه لم يرجم (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4379 |
In-book reference | : Book 40, Hadith 29 |
English translation | : Book 39, Hadith 4366 |