The 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 KadriI spoke to my father - my father's from Pakistan and he's also a lawyer - I said to him, "Well what does the Shari'a say?" And he said, "Well, of course it doesn't justify suicide bombs," but he didn't seem to know where the Shari'a came from or what it was all about. The more I asked people in my family as well as friends, the more I realized that there seemed to be widespread ignorance in the Muslim community. And that's something which I actually found to be the case over the next two and a half, three years I spent writing the book.
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 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 KadriI 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 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 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 Kadri