There'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 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 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 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 KadriShari'a is not just the Qur'an, you see Shari'a is comprised according to all the doctrines. There's consensus and analogy - argument by analogy. These are the four components in the Shari'a. An orthodox Sunni would not accept that the Shari'a was simply comprised of the Qur'an itself and actually there are people who say that it's heretical to believe that. They have to say that because if they don't say that then they would have to accept that, for example, stoning is not a punishment which appears in the Qur'an - it doesn't.
Sadakat KadriI work in the human rights field and there are serious conflicts between certain interpretations of Islamic law and human rights. That's something which I don't make any bones about at all, it's something which I think is very important for everyone to address, including the Muslim community, and many Muslims are addressing that issue.
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 Kadri