There 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 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 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 KadriThe Muslim Arbitration Tribunal, if you look at its website, it basically deals with commercial disputes, it's not allowed to deal with matters involving children, it's not allowed to deal with criminal matters, it's subject to judicial review, it's subject to the Human Rights Act, it's subject to the Children's Act, and it's completely proper and right that it should be subject to all those things.
Sadakat KadriMy background is such that I am uneasy about religious laws, I think there's always a real danger when you start appealing to a higher authority. It's self-righteousness, it's not righteousness, it's self-righteousness that takes control. But I think that it's absolutely crucial that that's not confused with the debate that takes place over Shari'a law in Great Britain at the moment. Because as far as anybody is concerned, when you talk about Shari'a courts now you're talking about - I don't know what people think.
Sadakat KadriOne of the big problems in this field is that there's so much mystification that surrounds talk of the Shari'a, whether its saying that Islam is all about peace or whether its people saying that Islam is all about Jihad and all about suicide bombs. People will make statements which don't seem to be backed up by any sort of historical context.
Sadakat Kadri