I think it's important to understand Shari'a to be rooted in history - what we know about the history and what we don't know about the history. So then, if people want to argue, at least they're arguing from the same point and we know what we know, and we know what we don't know.
Sadakat KadriIn 1979, you had the revolution in Iran. You had the Hudood Ordinances in Pakistan, which are the laws that are notoriously used against women, which are theoretically used against thieves although they're never carried out - an actual amputation or an actual stoning. The blasphemy laws, again, never actually carried out, though they're there, heavy with menace on the statute books.
Sadakat KadriShari'a is not just the Qur'an, you see Shari'a is comprised according to all the doctrines. There's consensus and analogy - argument by analogy. These are the four components in the Shari'a. An orthodox Sunni would not accept that the Shari'a was simply comprised of the Qur'an itself and actually there are people who say that it's heretical to believe that. They have to say that because if they don't say that then they would have to accept that, for example, stoning is not a punishment which appears in the Qur'an - it doesn't.
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 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 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