The Ruling on Marriage by Shighar
Machine translationRead the Arabic original
Question:
The questioner says: Is the marriage of shighar forbidden or permissible? And if I marry my sister to someone and he marries his sister to me, is that the same?
Answer:
Yes, the divorce of shighar is forbidden by consensus and is also invalid. This is when a woman is exchanged for a woman without a mahr, where one woman is made the exchange for another woman without a mahr, such as saying, "Marry me your daughter and I will marry you my daughter," or "I will marry you my daughter on the condition that you marry me your daughter," with no mahr between them. This is shighar by consensus, and it is invalid by consensus. However, if there is a mahr involved, this is a matter of disagreement among the scholars, and the correct view is to avoid it and stay away from it, because it does not come without harm to the woman. Yes.
The presenter:
May Allah reward you.
The questioner says: Is the marriage of shighar forbidden or permissible? And if I marry my sister to someone and he marries his sister to me, is that the same?
Answer:
Yes, the divorce of shighar is forbidden by consensus and is also invalid. This is when a woman is exchanged for a woman without a mahr, where one woman is made the exchange for another woman without a mahr, such as saying, "Marry me your daughter and I will marry you my daughter," or "I will marry you my daughter on the condition that you marry me your daughter," with no mahr between them. This is shighar by consensus, and it is invalid by consensus. However, if there is a mahr involved, this is a matter of disagreement among the scholars, and the correct view is to avoid it and stay away from it, because it does not come without harm to the woman. Yes.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/227 — archive.org (15:17)
The Arabic text is a machine transcription of the audio recording.