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 KadriI spoke to my father - my father's from Pakistan and he's also a lawyer - I said to him, "Well what does the Shari'a say?" And he said, "Well, of course it doesn't justify suicide bombs," but he didn't seem to know where the Shari'a came from or what it was all about. The more I asked people in my family as well as friends, the more I realized that there seemed to be widespread ignorance in the Muslim community. And that's something which I actually found to be the case over the next two and a half, three years I spent writing the book.
Sadakat KadriThe Shari'a itself - this is possibly a kind of verbal debate - is understood to be something different from the Fiqh, and the Fiqh is the man-made element and the Shari'a is theoretically the divine element but it depends on one's personal beliefs.
Sadakat KadriThere have been lots and lots of fatwas against violence. But it is an interesting question. A Mufti is the person that issues the fatwa and you'll find Muftis at all the Madrasas. Basically once you've studied for long enough you have the authority to issue a fatwa. But there are limits. I can bang on and on on the point but all I'm really saying is that there isn't a simple answer.
Sadakat KadriAyatollah Khomeini issued a fatwa to that effect, which was then given effect in the Islamic Republic of Iran, so in the Islamic Republic of Iran, it's flexible enough to allow for sex changes, and it encourages sex changes. But if you want to change your religion in Iran, you've got some serious problems. There are other problems. You're allowed to change sex, but if you want to be a homosexual, theoretically at least, you face the death penalty. Quite how often these penalties are carried out is a moot point, but it's there on the statute books.
Sadakat KadriThere were periods in Islamic history when things like apostasy and blasphemy were made punishable. So you know it kind of depends - there's no argument, quite apart from the question of the divine or otherwise nature of the Qur'an, that huge swathes of Islamic law are man-made. Clerics here - in maintaining their power, will often try to elide that and say "Well no, actually this isn't man-made at all. Stoning is part of the divine revelation." It isn't in the Qur'an but the way this has been done over the years is to take the Hadith.
Sadakat KadriThere is an issue about the discrimination provisions because the Qur'an does say that women should have half the share of men. Again, in the seventh century perhaps that kind of made sense, but in the twenty-first it very often doesn't. But in the arbitration contract that won't arise. An inheritance dispute might arise after someone dies but the two sides have to come together consensually.
Sadakat Kadri