"Possessing photos of a Muslim woman without her hijab should be criminal offense"

March 05, 2025 12:30 AM
The committee's Labour chairman Sarah Owen said: 'Non-consensual intimate image abuse is a deeply personal crime which can have life-changing and life-threatening consequences'

Possessing photos of a Muslim woman without her hijab should be a criminal offense has emerged from discussions surrounding non-consensual intimate image abuse. Here's a summary of the key aspects:

Context: This proposal is tied to the broader issue of non-consensual intimate images (NCII) and efforts to strengthen legal protections against such abuse. The Women and Equalities Committee has highlighted the need to expand the legal definition of "intimate image" to include material that is "culturally intimate" to the victim.In this context, a Muslim woman's hijab is seen as representing such cultural intimacy.

Key Points: MPs have proposed that taking and possessing photos of a Muslim woman without her hijab, without her consent, should be treated as a form of NCII.This would mean such actions could be criminalized, similar to the possession of child sexual abuse material. The aim is to protect women from a violation of their personal and cultural privacy. 

Concerns and Considerations: There are concerns about how such a law would be implemented and enforced, and about potential implications for freedom of expression. Also concerns have been raised about how this would be applied, and if it would create legal protections for specific religious groups, that are not afforded to others. There are also concerns about defining what is an "intimate image" in this context.

In essence, this proposal reflects an attempt to address a specific form of violation that can have a profound impact on Muslim women.MPs have suggested that it should be illegal to possess images of a Muslim woman without her headscarf. Pictures of a Muslim lady without her headscarf that were taken without her permission should be regarded as "non-consensual intimate images," according to the Commons' women and equality committee. According to the MPs, these photos ought to be handled similarly to pictures of child sex abuse, the possession of which carries severe jail terms. The plans will exacerbate worries that Islam is about to obtain legal rights under British law that are not available to other faiths. It follows criticism of Deputy Prime Minister Angela Rayner's proposed definition of Islamophobia for running the possibility of "a blasphemy law by the back door." According to the committee's findings, which was released today.

The committee report, published today, concluded: 'The Government should bring forward amendments to the Crime and Policing Bill to make possession of non-consensual intimate images an offence.'By the end of the year, it might be illegal if ministers approve the recommendations. According to the committee, a "intimate" photograph is now defined by law as one that depicts a person who is either completely or partially nude, having intercourse, or using the restroom. However, the MPs came to the conclusion that "abuse can also include material that is considered 'culturally intimate' for the victim, such as a Muslim woman being pictured without her hijab." It stated that "the government should broaden the legal definition to include such images." Sexually explicit content is not usually the only kind of non-consensual intimate image abuse.

'For example, in some cultures, countries, or religions, sharing a photograph of someone without their religious clothing—or with their arm around another person—can be disastrous for the victim.'

An intimate image would have to show someone without their 'particular attire of religious or cultural significance' and be taken 'in circumstances in which an ordinary reasonable person would reasonably expect to be afforded privacy'.The taking or creation of intimate images is already due to be criminalised but 'the need to address possession … is so far unmet', the report said.