The Ruling on Shighar in Marriage
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Question:
May Allah reward you with good. Some people say that they marry off their daughters in exchange, making the mahr equal or slightly different. This mahr is what is spent on the necessary expenses of the marriage, and the guardian takes whatever remains, while the woman is given very little. Is this mahr valid in this case, or not?
Answer:
If shighar is for a woman in exchange for a woman and there is no mahr, it is invalid. This is the invalid shighar. It is not permissible for a man to have intercourse with the woman he took through shighar; it is forbidden for him and constitutes zina, because this is an invalid contract. However, if there is a mahr, the scholars differed on this. Some hold that it is not shighar, because in the hadith of Ibn 'Umar, it is stated thatMuwatta Malik 28:26 his ward, and there was no mahr between them. If there is a mahr between them, it is not shighar. This is the view of some scholars. Others consider it shighar even if there is a mahr, because it is not free from injustice to women, even if there is a mahr. This is likely the closest and correct view, so one should avoid this matter. Yes.
May Allah reward you with good. Some people say that they marry off their daughters in exchange, making the mahr equal or slightly different. This mahr is what is spent on the necessary expenses of the marriage, and the guardian takes whatever remains, while the woman is given very little. Is this mahr valid in this case, or not?
Answer:
If shighar is for a woman in exchange for a woman and there is no mahr, it is invalid. This is the invalid shighar. It is not permissible for a man to have intercourse with the woman he took through shighar; it is forbidden for him and constitutes zina, because this is an invalid contract. However, if there is a mahr, the scholars differed on this. Some hold that it is not shighar, because in the hadith of Ibn 'Umar, it is stated that
which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him
الشغار هو أن يزوج الرجل موليته على أن يزوجه الآخر
Source
قناة «العلامة الدكتور صالح الفوزان»، بعض الناس يُنكحون بناتهم بالبدل ويجعلون المهر متساويًا أو مختلفًا يسيرًا، فهل يكون في هذه الحالة... — youtube.com
The Arabic text is a machine transcription of the audio recording.
