I didn't quite know whether I was writing for the non-Muslim or the Muslim, and at the end of the day I'm writing, I hope, for people who are interested, whatever their faith. Even if they don't have any faith. As a barrister I had certain advantages - I could think like a lawyer and I knew how all the laws were fitted together and all the rest of it. One of the things I realized pretty early on while I was writing book about Shari'a was that that was as much a hinderance as it was a help because the Shari'a isn't just a system of rules.
Sadakat KadriI 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 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 KadriThe first thing to say is that the ordinary criminal law in this country, the Human Rights Act, the Children's Act, all of the laws of the country take precedence, but what I'm also saying is that within the context of a secular country, which Britain now kind of is, or at least a country which purports to be relatively equal between religions, there should be some scope for allowing faith communities to govern themselves - subject to it being consensual and subject to everyone's human rights being observed.
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 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 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 Kadri