I realized that the ignorance was profound. I don't mean that in a pejorative sense, it's just that people didn't know what the Shari'a was, as such. They knew that it was something good. I should say perhaps that the Shari'a, etymologically in Arabic, means a desert path to water. It means a path towards salvation, in the seventh-century context, to the desert people. If you have a path to water, that's the path you want to take to get you where you want to get to; where you should get to. And that much was clear but beyond that people didn't know what the rules were.
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 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 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 Kadri