The Ruling on Marriage by Shighar
Machine translationRead the Arabic original
Question:
The questioner says: What is the ruling in the Shari'ah, in your view, regarding a man who marries or takes a wife through *shighar*? What is the ruling on *shighar* marriage in Islam?
Answer:
*Shighar* is forbidden. It is when a man marries his female relative to another man on the condition that the other man marries his female relative to him, so that a woman is exchanged for a woman, with no *mahr* (bridal gift) between them. This is *shighar* by consensus, and it is invalid. As for invalid marriages, they are dissolved. However, if there is a *sadaq* (bridal gift) for each woman, such as the customary *sadaq* for their women, this is a matter of scholarly disagreement. Is it *shighar* or not? There is no doubt that avoiding it is safer and purer for the conscience. Yes.
The questioner says: What is the ruling in the Shari'ah, in your view, regarding a man who marries or takes a wife through *shighar*? What is the ruling on *shighar* marriage in Islam?
Answer:
*Shighar* is forbidden. It is when a man marries his female relative to another man on the condition that the other man marries his female relative to him, so that a woman is exchanged for a woman, with no *mahr* (bridal gift) between them. This is *shighar* by consensus, and it is invalid. As for invalid marriages, they are dissolved. However, if there is a *sadaq* (bridal gift) for each woman, such as the customary *sadaq* for their women, this is a matter of scholarly disagreement. Is it *shighar* or not? There is no doubt that avoiding it is safer and purer for the conscience. Yes.
Source
نور على الدرب - الفوزان - 03/031 — archive.org (4:53)
The Arabic text is a machine transcription of the audio recording.