If Muslims want to take their disputes to religious arbitrators because they genuinely believe that it's a matter of great spiritual importance that they do that, they shouldn't be the only community in this country that's denied the opportunity to do that. Because the Jewish population has been entitled to take their disputes to tribunals known as the Beth Din for over one hundred years, and the Church of England is integrated into the fabric of this country, and there are ecclesiastical tribunals where religious disputes can be dealt with.
Sadakat KadriWhereas a man is entitled to marry three more times and that fosters great abuse, even scholars accept that. So certainly since the 1980s Shari'a courts have been established and they allow for women to go to them and they basically grant them annulment. It's not a civil divorce, they don't have the right to grant alimony or maintenance or custody.
Sadakat KadriWhat we shouldn't do is victimize and target Muslim communities specifically. But as things stand, there's one tribunal which has drawn a lot of flack - the Muslim Arbitration Tribunal.
Sadakat KadriThe politicized version of Shia Islam that we see in the Islamic Republic post-1979 clearly is very conservative, but, there are other things one could say about Ayatollah Khomeini's concept of a Shia state because that in itself is a blasphemy as far as most Shia clerics are concerned. There's a theory that he developed in the early 1960s in the town of Najaf talking about - well not liberalism, necessarily, but flexibility though.
Sadakat KadriThere's crucial distinction that has to be drawn between the Shari'a, which is this hugely expansive vision of cosmic order that I've been describing, and principles of Islamic law, known in Arabic as "Fiqh" - a word that means understanding. If you're a devout Muslim, you don't argue against the Shari'a; the Shari'a is the path that God has laid down. But what you can do, and what people are doing all the time, is arguing over the correct interpretation of the Shari'a, arguing over the Fiqh. That's something that has been going on throughout Islamic history.
Sadakat KadriI was a teenager when General Zia took power in the Pakistan; I was in my twenties when I went there during the late 1980s and I saw then not only the novel punishments that he was introducing - because they were novel, and this is again something that's very important to understand, it's only in the last thirty, forty years, since 1979 in fact, that these penalties have been revived anywhere in the world apart from Saudi Arabia.
Sadakat Kadri