A man sought to propose for his son to his sister's daughter, but was surprised to find her proposing her daughter to one of his sons; is this shighar?
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The second question of Fatwa No. ( 21607 )
Q2: I intend to propose for one of my sons to my sister's daughter, but I was surprised to find her and her husband proposing for one of their sons to my daughter, when they heard that another person was proposing for her. They said that they had wanted to propose for him for a long time, but his absence from work in Riyadh was the reason for their delay in starting the proposal. The matter ended with their acceptance of the proposal after I clarified to them that we were in the process of proposing for our son to their daughter. They mentioned that they had all been expecting that, and that they had been
going to delay their proposal for their son to us until we finished proposing for our son to them. However, what made them hasten the matter was hearing about the other person's proposal for our daughter, so they feared we would agree to him, and they rushed to do so. Therefore, consent was obtained between us and them for the two proposals only. However, after finishing this matter, I thought about the issue of the proposal (shighar), so I returned to some of the books I have, but I did not find anything to remove the fear and anxiety from my shoulders. Therefore, I preferred to turn to you, after Allah, to clarify the matter, even though I stipulated that each of them has her state-regulated mahr, half of which is in her hand and the other half in gold and clothes for the wedding. I hope to receive from your eminence what will remove my worry, for I am caught between the desire to marry these poor young men and the fear of falling into what our noble Shari'ah forbids. May Allah preserve you.
A2: If the situation is as you described, and that there was no stipulation in marrying the other that he would marry her guardian, and consent was obtained from the two women, and the full mahr is determined for everyone, then the two marriages are valid, and that is not the shighar that is prohibited.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q2: I intend to propose for one of my sons to my sister's daughter, but I was surprised to find her and her husband proposing for one of their sons to my daughter, when they heard that another person was proposing for her. They said that they had wanted to propose for him for a long time, but his absence from work in Riyadh was the reason for their delay in starting the proposal. The matter ended with their acceptance of the proposal after I clarified to them that we were in the process of proposing for our son to their daughter. They mentioned that they had all been expecting that, and that they had been
going to delay their proposal for their son to us until we finished proposing for our son to them. However, what made them hasten the matter was hearing about the other person's proposal for our daughter, so they feared we would agree to him, and they rushed to do so. Therefore, consent was obtained between us and them for the two proposals only. However, after finishing this matter, I thought about the issue of the proposal (shighar), so I returned to some of the books I have, but I did not find anything to remove the fear and anxiety from my shoulders. Therefore, I preferred to turn to you, after Allah, to clarify the matter, even though I stipulated that each of them has her state-regulated mahr, half of which is in her hand and the other half in gold and clothes for the wedding. I hope to receive from your eminence what will remove my worry, for I am caught between the desire to marry these poor young men and the fear of falling into what our noble Shari'ah forbids. May Allah preserve you.
A2: If the situation is as you described, and that there was no stipulation in marrying the other that he would marry her guardian, and consent was obtained from the two women, and the full mahr is determined for everyone, then the two marriages are valid, and that is not the shighar that is prohibited.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.