The debate on “Kafu” (in-caste-similarity) based on the casteism is not new. The similarity between the boy and the girl, and the social, cultural, ethical and mental understanding is called Kefa’at (similarity). Its significance has been maintained, anyway, by all the Aemma-e-Karam (May Allah be pleased with them) and the followers of different schools of thought. Its absolute refusal is adverse to the Islamic and social intelligence and wisdom; it also goes against the reality.
Yet, to grant that level of compulsion to the “Kafu” (in-caste-similarity) is also against the spirit and the wisdom of Islam – that the Nikah with a Ghair Kafu (out-of-caste) is invalid and inauthentic and the girl is to be married with another boy without seeking “Divorce” or “Fasakh”. A section of Fuqaha-e-Karam had expressed their opinion just to avoid social infuriation that the Nikah organized in the Ghair Kafu (out-of-caste) without the consent and permission of the guardian (Walee) is invalid and null and void, but the same opinion became the base for the Fatwahs later on. This Fatwah was considered to be the real Fatwah due to the excess publicity and promotion of the Fatawahs of Maulana Ahmed Raza Khan and some famous Deobandi and Barailwi scholars who belonged to a certain background in the society. The Fatwah related to the validity of the Nikah totally disappeared from the sight, as the authentic and valid Fatwah according to the Quran-e-Kareem and Al- Sunnah and the practice of the Sahaba-e-Karam, in terms of the spirit of Shari’at, is different.
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