Is the guardian’s condition of a specific amount for himself, other than the mahr, shigar?
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Fatwa number ( 8057 )
Q: We have some relatives and family members who condition the marriage of their daughters on the matter not being completed unless the daughter of the groom is in exchange for the daughter of the one being married, and the same applies to sisters. Our question to your eminence now is: Is this type of marriage considered the shigar marriage that is prohibited by the Shari'ah, or what do you say? Please inform us, may Allah reward you. In other words: he does not marry his daughter except to the one who marries his daughter to him, and he does not marry his sister except to the one who marries his sister to him. This is a basic condition for these relatives and family members, and they swear an oath that the marriage will not take place except in this manner. Is this in any way shigar? Second: Some of them do not find marriage in the manner described in the question above, so he asks for a sum of one hundred thousand riyals for himself if someone proposes to his daughter or sister. This requested amount is for him personally, other than the daughter's mahr and the other wedding expenses. Does this type of marriage fall under the concept of shigar, or what do you say? Please inform us
A: First: Marriage in the form of the first condition is considered by the Shari'ah to be shigar marriage. Second: Marriage in the form of the daughter's guardian conditioning a specific amount for himself, other than the mahr, is not shigar marriage, but it contains hardship and greed from the daughter's guardian,
and placing an obstacle in the way of marriage. This is contrary to the leniency of Islam and the noble morals. Nevertheless, if the marriage contract is concluded with this condition, the contract is valid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We have some relatives and family members who condition the marriage of their daughters on the matter not being completed unless the daughter of the groom is in exchange for the daughter of the one being married, and the same applies to sisters. Our question to your eminence now is: Is this type of marriage considered the shigar marriage that is prohibited by the Shari'ah, or what do you say? Please inform us, may Allah reward you. In other words: he does not marry his daughter except to the one who marries his daughter to him, and he does not marry his sister except to the one who marries his sister to him. This is a basic condition for these relatives and family members, and they swear an oath that the marriage will not take place except in this manner. Is this in any way shigar? Second: Some of them do not find marriage in the manner described in the question above, so he asks for a sum of one hundred thousand riyals for himself if someone proposes to his daughter or sister. This requested amount is for him personally, other than the daughter's mahr and the other wedding expenses. Does this type of marriage fall under the concept of shigar, or what do you say? Please inform us
A: First: Marriage in the form of the first condition is considered by the Shari'ah to be shigar marriage. Second: Marriage in the form of the daughter's guardian conditioning a specific amount for himself, other than the mahr, is not shigar marriage, but it contains hardship and greed from the daughter's guardian,
and placing an obstacle in the way of marriage. This is contrary to the leniency of Islam and the noble morals. Nevertheless, if the marriage contract is concluded with this condition, the contract is valid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.