Is it permissible for the guardian to condition the suitor on marrying his sister in exchange for marrying his daughter and paying him an additional mahr?
Machine translationRead the Arabic original
The questioner : I have a friend who wanted to marry one of the girls in our area. When he proposed to her, her family insisted that her sister be substituted for her, meaning one of them would marry her sister. Is it permissible if he agrees to marry one of them his sister and pays them an additional mahr, or is it not permissible since this marriage is conditioned on that one?
The Shaykh : This is not permissible. No one may prevent the marriage of the woman under his guardianship unless the suitor marries the woman under his guardianship. If he does so, it is forbidden and not permissible. It is a form of shighar marriage, which the Prophet (peace and blessings be upon him) prohibited. This is because the woman is a trust in the hands of her guardian. If the door is opened for guardians in this matter, women become playthings in the hands of their guardians, who would marry her to whoever fulfills his desire, even if he is not a suitable match, and prevent her from marrying whoever does not fulfill his desire, even if he is a suitable match. This is contrary to the trust that Allah the Exalted commanded to be delivered to its rightful owners. It is a form of betrayal, which Allah prohibited. Allah Mighty and Majestic said:[An-Nisa 4:58] And He the Exalted said: [Al-Anfal 8:27].
The questioner : May Allah reward you.
The Shaykh : This is not permissible. No one may prevent the marriage of the woman under his guardianship unless the suitor marries the woman under his guardianship. If he does so, it is forbidden and not permissible. It is a form of shighar marriage, which the Prophet (peace and blessings be upon him) prohibited. This is because the woman is a trust in the hands of her guardian. If the door is opened for guardians in this matter, women become playthings in the hands of their guardians, who would marry her to whoever fulfills his desire, even if he is not a suitable match, and prevent her from marrying whoever does not fulfill his desire, even if he is a suitable match. This is contrary to the trust that Allah the Exalted commanded to be delivered to its rightful owners. It is a form of betrayal, which Allah prohibited. Allah Mighty and Majestic said:
Indeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الأَمَانَاتِ إِلَى أَهْلِهَاO you who have believed, do not betray Allah and the Messenger or betray your trusts while you know [the consequence].
يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَخُونُوا اللَّهَ وَالرَّسُولَ وَتَخُونُوا أَمَانَاتِكُمْ وَأَنْتُمْ تَعْلَمُونَThe questioner : May Allah reward you.