Narrated by Wa’il ibn Hujr: When a woman went out in the time of the Prophet (peace_be_upon_him) 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 Apostle of Allah (peace_be_upon_him). When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Apostle 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. – 4366, Sunan Abu Dawud
Can the victim of rape be the sole witness and be enough evidence to carry out Rajm on the rapist? What if it is supported by other (medical etc.) evidence? Also, in the light of this hadeeth is rape equal to zinaa?
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The hadeeth was regarded hasan by Al Albani though I have my doubts to the authentication of this hadeeth as it is disputed whether Alqamah heard from his father or not.
Secondly, Sheikh Al Albani stated that the man was not stoned as he weakened the narration that he was stoned and authenticated that he was pardoned by the Prophet salla Allahu alaihi wa sallam. This is not what is practiced in the Islamic law as this is related to the rights of others which is here the right of the woman. Therefore, if someone kills another and comes and confesses, the guardian of the victim are given the right to pardon him, take the blood money or to execute him. no one says that he is forgiven because he confessed.
Finally, even if he didn’t confess, the judge can’t take the word of the woman against this man without proof or 4 witnesses. Medical evidences such as DNA don’t count in establishing fornication or rape but can support a ground for punishing a person of assault but not in zina or rape, and Allah knows best.