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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on children born from a marriage of shighar?

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Question:
If two men married each other’s women through the method of shighar and had offspring, what is the ruling on their offspring?

Answer:
Regarding the offspring later on, if they married through shighar, and shighar is when a man says to another man, “Marry me to your daughter, and I will marry you to my daughter,” or “Marry me to your sister, and I will marry you to my sister,” or something similar. This is called shighar, and some people call it marriage of bodies. The Prophet (peace and blessings be upon him) forbade this; he forbade shighar. Therefore, shighar marriage is not permissible, and the correct opinion among scholars is that it is invalid, even if there is a mahr (bridal gift). It is obligatory not to do it under any circumstances, even if there is a mahr. This is the correct position.
But what if it has already occurred? Because some jurists permitted it with money, and some scholars permitted it with money, or if it occurred out of ignorance, then the children are attached to their fathers. They are legitimate children due to the doubt regarding the marriage, so they are attributed to their fathers, and their lineage is valid. However, it is obligatory that the marriage be renewed as a Sharia-compliant marriage without the condition of shighar. If each one desires his wife, he should renew the marriage with her wali (guardian) as a new marriage with a new mahr, even if it is small, if he desires her and she desires him. If neither desires the other, each one should divorce the other with one pronouncement of divorce, and Allah will provide for each of them from His abundance. This is what is required to rectify the situation.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 172 ما حكم الأولاد من زواج الشغار؟ للإمام ابن باز — youtube.com

The Arabic text is a machine transcription of the audio recording.

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