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Fatwa #  13983  from United States    Date: Thursday, March 2nd 2006  
Category
 
Women
Title
   I just wanted to express my disgust and repulsion towards this statement. Rape is about power, about violence, not about whether you were wearing your hijab or not
 
Question
  

I am writing regarding one fatwa that is posted on your internet:

> If a female was raped due to her not maintaining the laws of
> Hijaab, she is partly to be blamed as the rapist will be
> considered as being seduced by her revealing form and shape.
> She should make Tawbah (sincerely repent) by also adhering to
> the laws of Hijaab.

I just wanted to express my disgust and repulsion towards this statement. Rape is about power, about violence, not about whether you were wearing your hijab or not. The rate of rape in Afghanistan (where women are all covered) is 1.3 times higher than the rape rate in the US. Statements as the one posted on your website make all educated muslims ashamed. In addition it has no basis in sharia. 

As a PhD in Islamic studies with many scholar friends, I will give your website the largest advertisement so everyone can know the extent of the atrocities said in South Africa. With things like this, it's no wonder the state of the Ummah is in such poor condition. We need to stop blaming women for men's barbaric behavior. If not, they're never gonna improve.

 
Answer
  

It is important to understand the Fatwa in context. There are generally two types of women. Those that cover and yet have become victims of rape. That is surely no fault of the woman. That is clearly an open violation on behalf of the rapist who should be dealt with severely. Such a woman requires our help and sympathies.

However, if a woman does not cover properly and wears revealing clothing, which seduces men, if such a woman is raped, would it be correct to excuse her? Yes, the man has violated Shari’ah and will be dealt with. The answer should be read in conjunction with the question. It does not deal with man’s power or a fully clothed woman. After all, why is a woman required to cover herself? Do you think a woman’s revealing body does have no effect on a man and she will not be partly responsible for being raped under those circumstances? Both the man and woman will be responsible. She, for her immodest dressing.

You are welcome to advertise the Fatwa with your objection and my response unlimited advertisement. I will be happy to respond to anyone on condition it is on an academic level. I thought phd’s had that approach and do not follow emotions.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

 

 

 
     
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