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English translation
1454. 'Alqamah bin Wā'il Al-Kindi narrated from his father: "A woman went out during the time of the Prophet ﷺ to go to Ṣalāt, but she was caught by a man and he had relations with her, so she screamed and he left. Then a man came across her and she said: 'That man has done this and that to me,' then she came across a group of the Emigrants (Muhājirīn) and she said: 'That man did this and that to me.' They went to get the man she thought had relations with her, and they brought him to her. She said: 'Yes that's him.' So they brought him to the Messenger of Allāh ﷺ, and when he ordered that he be stoned, the man who had relations with her, said: 'O Messenger of Allāh, I am the one who had relations with her.' So he said to her: 'Go, for Allāh has forgiven you.' Then he said some nice words to the man (who was first brought). And he said to the man who had
relations with her: 'Stone him.' Then he said: 'He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.'" (Hasan)
[Abū 'Eisā said:] This Hadīth is Hasan Gharīb Saḥīḥ. 'Alqamah bin Wā'il bin Hujr heard from his father; he was older than 'Abdul-Jabbār, and 'Abdul-Jabbār did not hear from his father.
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Commentary
If a rape is proven against the will of a woman, according to Imām Mālik and Shāfi'i she deserves the dowry and the court has to help her in getting her right. In the view of Imām Abū Ḥanīfah and Sufyān she does not deserve the dowry.
