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In cases of sexual assault against women, the victim might be asked questions like what was she wearing? leading to the implication that she was somehow "asking for it" (i.e. provoking her attacker) if she was wearing a certain style of clothing, thereby giving the perpetrator a mitigating factor. It's a form of victim blaming:

A typical expression of victim blaming is the "asking for it" idiom, e.g. "she was asking for it" said of a victim of violence or sexual assault.

I'm wondering what would happen in a sexual assault case brought to a sharia court where the female victim was wearing hijab.

Question: Are women in hijab assumed not to be "asking for it" in sexual assault cases?

It's possible the sharia could interpret hijab as an unequivocal expression that she is not "asking for it".

  • Sharia court most likely won't take that into consideration. The perpetrator would be punished if he is found guilty even if the girl was naked. He is supposed to lower his gaze not assault her. – Mohammad Sakib Arifin Apr 17 '17 at 7:41
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    Is there some specific reason why you think that such excuses are admittable in Hadd and Qisas punishments in shariah? A Zani is punished even if they claim temptation, a drinker is punished even if they claim depression, a murderer or assaulter is punished even if they claim provocation. – UmH Apr 17 '17 at 8:35
  • @Uma: It's quite possible this is simply a misunderstanding on my part due to lack of familiarity with the processes. – Rebecca J. Stones Apr 17 '17 at 8:40
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    Unlike western law, there is no concept of ambiguity of consent. The intercourse itself is inherently unlawful in Islam in the absence of a provable Nikah, and private consent does not constitute a valid Nikah. The Hadd will be carried out when proof of action is established and the perpetrator is only excused because of lunacy, minority or violent compulsion. So no, the victim will not be asked about her clothing, nor will it be admitted as an excuse or mitigation. – UmH Apr 17 '17 at 16:26
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    @Uma maybe you should consider answering the question. – Medi1Saif Apr 23 '18 at 8:00

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