Marrying one's father's sister to a man in exchange for marrying his son to his daughter
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Fatwa number ( 2134 )
Q: It was decreed by Allah the Exalted that a man would propose to my father for his son, and that was for my father's sister. My father agreed to give him his sister on the condition that he marry me to his daughter. The marriage actually took place a long time ago without a specified mahr for either daughter. Conditions were written in the marriage contract stating that the daughter who gets along with her husband would remain with him, and the one who does not get along with her husband, her family would pay a sum of money in exchange for her incompatibility. Two years ago, a misunderstanding occurred between my aunt, whom my father married, and her husband, and he sent her out of his house. She is still staying with her brother. After a short time had passed since my aunt left, my wife's father and her brothers incited her until she left my home. For the past two years, each of them has been staying with her family. Both of us, the husband who is me and the one my aunt was married to, have each married again a year ago. Some of us have had children from our new wives, and the first wives have been left neglected. It is known that they have no desire to return
to us, and both husbands are comfortable with their new wives and have paid no attention to the first wives due to the misunderstanding between the families of the two wives. The two wives have become victims of this dispute. Therefore, we hope you will kindly issue a fatwa to us regarding this marriage of exchange, and regarding the first wives being left neglected with their families
A: Your father marrying his sister to a man on the condition that the other man marry you to his daughter, without a mahr for either woman, is forbidden. This is called: Nika al-Shighar. It is obligatory to refer this matter to the judge to carry out the necessary annulment of the marriage, and to rule on what each of the two wives is entitled to due to consummation. If this is done, neither of the aforementioned wives remains neglected; rather, she is free to marry whomever she approves of from the men who are lawful for her. As for the condition agreed upon at the time of the contract that the daughter who gets along with her husband remains, and the one who does not get along with her husband, her guardian pays a sum of money in exchange for her incompatibility, that condition is invalid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: It was decreed by Allah the Exalted that a man would propose to my father for his son, and that was for my father's sister. My father agreed to give him his sister on the condition that he marry me to his daughter. The marriage actually took place a long time ago without a specified mahr for either daughter. Conditions were written in the marriage contract stating that the daughter who gets along with her husband would remain with him, and the one who does not get along with her husband, her family would pay a sum of money in exchange for her incompatibility. Two years ago, a misunderstanding occurred between my aunt, whom my father married, and her husband, and he sent her out of his house. She is still staying with her brother. After a short time had passed since my aunt left, my wife's father and her brothers incited her until she left my home. For the past two years, each of them has been staying with her family. Both of us, the husband who is me and the one my aunt was married to, have each married again a year ago. Some of us have had children from our new wives, and the first wives have been left neglected. It is known that they have no desire to return
to us, and both husbands are comfortable with their new wives and have paid no attention to the first wives due to the misunderstanding between the families of the two wives. The two wives have become victims of this dispute. Therefore, we hope you will kindly issue a fatwa to us regarding this marriage of exchange, and regarding the first wives being left neglected with their families
A: Your father marrying his sister to a man on the condition that the other man marry you to his daughter, without a mahr for either woman, is forbidden. This is called: Nika al-Shighar. It is obligatory to refer this matter to the judge to carry out the necessary annulment of the marriage, and to rule on what each of the two wives is entitled to due to consummation. If this is done, neither of the aforementioned wives remains neglected; rather, she is free to marry whomever she approves of from the men who are lawful for her. As for the condition agreed upon at the time of the contract that the daughter who gets along with her husband remains, and the one who does not get along with her husband, her guardian pays a sum of money in exchange for her incompatibility, that condition is invalid. 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.