There 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 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 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 KadriI 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 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 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 KadriI was a teenager when General Zia took power in the Pakistan; I was in my twenties when I went there during the late 1980s and I saw then not only the novel punishments that he was introducing - because they were novel, and this is again something that's very important to understand, it's only in the last thirty, forty years, since 1979 in fact, that these penalties have been revived anywhere in the world apart from Saudi Arabia.
Sadakat Kadri