The first rules about Islamic law weren't even written down for a century and a half after the Prophet's death, and it was another five centuries, half a millennium, before they assumed anything like a definitive form. So there have always been huge arguments over what Islamic law actually requires. There are four main schools of law in Sunni thought and there's a separate school of law in Shia thought, so these arguments do take place.
Sadakat KadriMy father's from Pakistan and he has been a secularist all his life. In the Pakistani context, there's no messing with religion. There's been a battle for the soul of Pakistan since 1947 and I have grown up without any illusions about the dangers of religious power in the context of a country like Pakistan.
Sadakat KadriPeople are coupling and decoupling all the time in Great Britain. The fact that Muslims choose to precede it with a certain formula of words, shouldn't bar them from anything. But, no one's saying that polygamy should be institutionalized in this country. That Muslim's uniquely should be allowed to have two or three or four marriages.
Sadakat KadriThere's crucial distinction that has to be drawn between the Shari'a, which is this hugely expansive vision of cosmic order that I've been describing, and principles of Islamic law, known in Arabic as "Fiqh" - a word that means understanding. If you're a devout Muslim, you don't argue against the Shari'a; the Shari'a is the path that God has laid down. But what you can do, and what people are doing all the time, is arguing over the correct interpretation of the Shari'a, arguing over the Fiqh. That's something that has been going on throughout Islamic history.
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 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 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 Kadri