The Ruling on Marriage by Shighar and Its Form

Question:
He says: Honorable Shaykh, is marriage by shighar invalid, and what is its form? And if this marriage has taken place, what is to be done? May Allah reward you.

Answer:
Marriage by shighar is when a woman is made the exchange for a woman without a mahr (bridal gift), and this is what is called the exchange. This is invalid by scholarly consensus. If a woman is made the counterpart for a woman in marriage, and there is no mahr, then this is shighar, and it is invalid by scholarly consensus. It is called shighar from the word for emptiness, because it is empty of the desire for sin, and because it is also empty of the mahr that Allah established in marriage. As for what has occurred and happened of this type, the judge in the court looks into it. The court reviews it, because it is the one that looks into the contracts that have taken place, so it confirms what is valid among them and prevents what is invalid among them. Yes. May Allah reward you with good and bless you.