The ruling on shighar marriage and the offspring resulting from it
Machine translationRead the Arabic original
Question:
He says: I am sending you this question, and it is that I got married before reaching the age of maturity, and my guardian was the one who arranged my marriage. Since I did not know the responsibility of marriage at that time, I married under a contract with a mahr of eight thousand riyals, but I did not pay the specified mahr in the contract. My guardian married my sister to my wife’s brother. My wife has given birth to more than ten children. I ask now: Is this marriage valid? And what must I do if it is not valid? Do I renew the marriage contract? Guide us, may Allah reward you with good.
Answer:
There is a point of consideration in this contract, and what we see is that you should refer to the court; because it may be a shighar contract, it may contain conditions, and shighar is not permissible. It is a marriage for exchange. So you, your father, and your sister’s husband must refer to the court. It will benefit you, if Allah wills, in your country, so that you know the truth in the court and know whether the conditions of shighar are present in it or not. And what the court sees, if Allah wills, is sufficient. So you and your father, or your guardian if he is not your father, must refer to the court with your sister’s husband so that the court examines the marriage you mentioned. Yes. May Allah reward you with good.
He says: I am sending you this question, and it is that I got married before reaching the age of maturity, and my guardian was the one who arranged my marriage. Since I did not know the responsibility of marriage at that time, I married under a contract with a mahr of eight thousand riyals, but I did not pay the specified mahr in the contract. My guardian married my sister to my wife’s brother. My wife has given birth to more than ten children. I ask now: Is this marriage valid? And what must I do if it is not valid? Do I renew the marriage contract? Guide us, may Allah reward you with good.
Answer:
There is a point of consideration in this contract, and what we see is that you should refer to the court; because it may be a shighar contract, it may contain conditions, and shighar is not permissible. It is a marriage for exchange. So you, your father, and your sister’s husband must refer to the court. It will benefit you, if Allah wills, in your country, so that you know the truth in the court and know whether the conditions of shighar are present in it or not. And what the court sees, if Allah wills, is sufficient. So you and your father, or your guardian if he is not your father, must refer to the court with your sister’s husband so that the court examines the marriage you mentioned. Yes. May Allah reward you with good.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 3043 - حكم زواج الشغار وما ينتج عنه من ذرية - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.
