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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Fatwa No. (22224) Q: My father proposed to me the daughter of my brother, and my uncle agreed and asked us for a mahr of fifty thousand riyals without specifying gold.

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Fatwa No. (22224)


Q: My father proposed to me the daughter of my brother, and my uncle agreed and asked us for a mahr of fifty thousand riyals without specifying gold. At the same time, my uncle proposed to his son 'Abd al-'Aziz my sister, and my father agreed and asked them for a mahr of fifty thousand riyals without specifying gold. My uncle said: "O Salim, consider the fifty thousand you will pay as belonging to me, and you consider the fifty thousand you asked from us as belonging to me to you, meaning by mere intention. Is this shighar marriage which is prohibited?
A: The mahr in marriage is a right of the wife, as He the Mighty and Majestic said:
And give the women [upon marriage] their [bridal] gifts graciouslyوَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً
[An-Nisa 4:4]
, so it is not permissible for the father or anyone else to take it unless she is pleased with it; as He the Mighty and Majestic said:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًا
[An-Nisa 4:4]
. The situation asked about is one of the forms of shighar marriage, where the portion of each of these two women has been made the mahr for the other. Shighar marriage is an invalid marriage, so it is necessary for you to renew the marriage contracts anew with a guardian and witnesses
and a mahr for each of them with their consent.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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