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 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 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 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 KadriWhat we shouldn't do is victimize and target Muslim communities specifically. But as things stand, there's one tribunal which has drawn a lot of flack - the Muslim Arbitration Tribunal.
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