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 think there's a real danger that Islamophobia can actually be a cover for something far more malign. I don't want to sound like a spokesman for the Muslim Arbitration Tribunal but I am a supporter of autonomy for religious communities and for non-discrimination.
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's a feminist critique of Muslim Arbitration Tribunals, which I'm certainly not unsympathetic to, because as I keep saying, I come from a human rights context. But there's a feminist critique of Muslim Arbitration Tribunals specifically, which says women are going to have their rights eroded by virtue of the fact of these courts are going to negotiate settlements and negotiate the dropping of criminal charges against men. There's not been any evidence of that taking place.
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 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 Kadri