If a Nikah with a Non-Equal Is Contracted with the Consent of the Girl and the Guardian, the Biradari Has No Right to Cut Ties

Question

Zayd is a religious and wealthy man. With his own consent and that of his daughter, he gave his daughter in marriage to a non-equal (ghayr kuf’). The young man to whom she was married is also religious and a man of standing. Because he has married her to a non-equal, does Zayd’s biradari (kinship community) have the right to cut off relations with Zayd?

Answer

Parity (kafa'a) is the right of the girl and her guardian (wali). When both agree to give up this right of theirs, the biradari has no right to cut off relations; rather, this punishment of cutting off relations is wrong — it is oppression. The details of the matter are in the books of fiqh: “Bahr”, “‘Alamgiri”, “Khaniyya”, “Radd al-Muhtar” and others.

Source: Fatawa Mahmudiyya

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