Is Kafa'a Not a Matter of the Shari'a?

Question

A woman has contracted her own nikah herself. She says: God and the Messenger, the kalima and the Qur’an are all one. Only 17 Muslims came to India, and the castes and biradaris (kinship communities) here arose from occupations. There is no basis to this: these are all groups formed for the sake of food and earnings. The point is that the man is from another biradari. Is what the woman says correct?

Answer

The woman is right in saying that the God and the Messenger, the kalima and the Qur’an of the Muslims are one. But it is not right to say: “What is a biradari anyway? It has no consideration at all.” In the noble hadith the biradari is taken into account with regard to nikah. If a woman, without the consent of her guardian (wali)

Source: Fatawa Mahmudiyya

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