What is the ruling on marriage by exchange (shighar), and is a marriage valid without the woman's consent?

The questioner : Hello, yes. Peace be upon you.

The Shaykh : Peace be upon you.

The questioner : May Allah keep you safe.

The Shaykh : May Allah keep you in good health.

The questioner : How are you?

The Shaykh : How are you?

The questioner : O long-lived one, I have a question and I would like to ask you. He says: Honorable Shaykh, peace be upon you and Allah's mercy and blessings.

The Shaykh : And peace be upon you and Allah's mercy and blessings.

The questioner : I have a case, and many cases of this type have occurred in our society? My problem is that I am married and, praise be to Allah, I have a son and a daughter, and three years have passed since our marriage, but what threatens this marriage is that our marriage was an exchange, meaning that our marriage did not take place until my father married my younger sister to my wife's brother, and the condition of this marriage was that this woman would not be married except to this man, right? Yes, otherwise there would be no marriage, and this marriage was without the consent of either party, and this party was my sister and her husband, by Allah, wait a moment, the question is a bit long, right?

The Shaykh : Go on, what is the need for you to mention the rest of the question.

The questioner : But, I mean, there is a little something, I mean, just one minute.

The Shaykh : Because you know this program is specific to Hajj and 'Umrah.

The questioner : So, was this marriage considered shighar, and what must I do? Do I increase my wife's mahr and give it to my wife, or in front of witnesses, or give it to her secretly without anyone knowing? Please inform us about these two cases: the case of marriage by exchange and the case of forced marriage where the woman has no choice. So what do you see regarding the life of this mu'adhdhin who considers that he does not understand anything about religious matters? Is he sinful for his negligence and lack of clear knowledge of the truth, or is all that is required of him to reverse the ownership and take his fee, and take his fee, and peace be with the world? Please inform us, and may Allah reward you with good for us. And peace be upon you.

The Shaykh : And upon you be peace and Allah's mercy. As for marriage without the wife's consent, it is not valid and it is a defective contract, because the Prophet (peace and blessings be upon him) said And it is established in Sahih Muslim that the Prophet (peace and blessings be upon him) ordered that Abu Bakr seek her permission. So he specified the father and he specified the virgin. Okay. And on this basis, a marriage without the woman's consent is a defective marriage by which the woman is not made lawful, and it must be contracted anew if the woman is now satisfied with her husband. Okay. With her husband now. Okay. And as for marriage by exchange (shighar), which is that a person marries the daughter of a person on the condition that he marries his daughter to him, then this also is not valid.

The questioner : Okay, yes.

The Shaykh : And the way to solve this problem is that the matter be returned to the court. You raise the matter to the Shari'ah judge with you so that he may decide on the issue as he sees fit. Yes.