When a woman went out in the time of the Prophet (ﷺ) 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 (ﷺ).
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.
Hadith Text & Context
This narration from Sunan Abi Dawud 4379 in the Book of Prescribed Punishments (Kitab Al-Hudud) describes a significant legal case involving rape during the Prophet's time. A woman was assaulted while going to prayer, leading to a complex situation where an innocent man was initially accused before the actual perpetrator confessed.
Legal Analysis of the Case
The Prophet's handling of this case demonstrates several key legal principles: the requirement of clear evidence for hudud punishments, the acceptance of confession in criminal matters, and the distinction between false accusation and genuine mistaken identity.
The initial mistaken identification by the victim did not constitute false accusation (qadhf) requiring punishment, as it was an honest error in identification rather than a malicious false claim.
The Confession & Repentance
The perpetrator's voluntary confession, despite having the opportunity to remain silent, demonstrates the Islamic emphasis on truthfulness and taking responsibility for one's actions. His confession fulfilled the evidentiary requirement for implementing the hadd punishment.
The Prophet's statement about the quality of his repentance indicates that sincere repentance, even when accompanied by legal punishment, is immensely valuable in Allah's sight and can lead to spiritual forgiveness.
Application of Hadd Punishment
The prescribed punishment of stoning indicates the perpetrator was muhsan (married), as this is the punishment for adultery/fornication by a married person in Islamic law. The rape was treated under the category of zina (unlawful sexual intercourse) due to the absence of specific rape legislation at that time.
The Prophet's kind words to the wrongly accused man demonstrate the importance of compensating those falsely accused and restoring their honor and reputation in the community.
Scholarly Commentary
Classical scholars note that this case establishes that rape is a major crime requiring severe punishment. Later jurists developed more specific rulings for rape, distinguishing it from consensual unlawful intercourse in terms of victim liability and evidentiary requirements.
The case also illustrates the Islamic legal principle that punishments are avoided when there is doubt, as the initial accusation contained sufficient doubt to prevent immediate punishment until the true perpetrator confessed.