The Ruling on Marriage by Shighar
Machine translationRead the Arabic original
Question:
The questioner says: One thousand times, one thousand times, what is the ruling on marriage by shighar? And if it has already taken place, what is the ruling? And what is the remedy? May Allah reward you.
Answer:
Marriage by shighar is invalid. It is when a woman is exchanged for a woman, with no mahr (bridal gift) between them. There is scholarly consensus that this is shighar and that it is invalid. However, if a woman is exchanged for a woman and there is a mahr for each of them, this is a matter of scholarly disagreement, and the correct view is that it is also shighar, because it harms the woman and subjects her to the desire of her guardian. In any case, this is an invalid matter. As for what has already occurred, it should be referred to the Sharia court to look into it. Yes.
The presenter:
May Allah reward you with good.
The questioner says: One thousand times, one thousand times, what is the ruling on marriage by shighar? And if it has already taken place, what is the ruling? And what is the remedy? May Allah reward you.
Answer:
Marriage by shighar is invalid. It is when a woman is exchanged for a woman, with no mahr (bridal gift) between them. There is scholarly consensus that this is shighar and that it is invalid. However, if a woman is exchanged for a woman and there is a mahr for each of them, this is a matter of scholarly disagreement, and the correct view is that it is also shighar, because it harms the woman and subjects her to the desire of her guardian. In any case, this is an invalid matter. As for what has already occurred, it should be referred to the Sharia court to look into it. Yes.
The presenter:
May Allah reward you with good.
Source
نور على الدرب - الفوزان - 03/266 — archive.org (9:45)
The Arabic text is a machine transcription of the audio recording.