The Nature of Shighar Marriage and Its Ruling
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Question:
Our brother asks and says: I have a cousin whom I wish to marry, and she wishes to marry me as well. In return, a cousin of mine wishes to marry my sister, and she wishes to marry him as well. This is based on the desire of the guardians, meaning our fathers and mothers. The important thing is that all parties are fully satisfied, and there are no conditions between us. We know that shighar marriage is forbidden. We ask Your Eminence (may Allah preserve you) to guide us to the correct and optimal method so that the marriage is valid and we are saved from shighar marriage, from sin, and from what is forbidden. Is it necessary for each of the two spouses to pay more than the other? Please inform us. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows, shighar marriage, as you mentioned, is not permissible. The Prophet (peace and blessings be upon him) prohibited it. It is when a man says to another, “Marry me your daughter, and I will marry you my daughter,” or “Marry me your sister, and I will marry you my sister,” or something similar. This is shighar marriage with a condition. However, if there is no condition, and all parties are satisfied, and there is no stipulation—rather, this one is satisfied and this one is satisfied, and the woman is satisfied—then this is not shighar. Shighar is when there is a condition between them: “I will marry you so that you marry me.” This is shighar. But if each one desires to marry the other’s relative, and even if the other does not marry, this one marries his sister, and even if the other does not marry his sister, and so on with his daughter, and they merely agree without a condition that this one marries his sister, and this one marries his sister or daughter, by mutual consent without a condition, then there is no harm in that, and it is not shighar. Praise be to Allah. May Allah reward you with good and do you well.
Our brother asks and says: I have a cousin whom I wish to marry, and she wishes to marry me as well. In return, a cousin of mine wishes to marry my sister, and she wishes to marry him as well. This is based on the desire of the guardians, meaning our fathers and mothers. The important thing is that all parties are fully satisfied, and there are no conditions between us. We know that shighar marriage is forbidden. We ask Your Eminence (may Allah preserve you) to guide us to the correct and optimal method so that the marriage is valid and we are saved from shighar marriage, from sin, and from what is forbidden. Is it necessary for each of the two spouses to pay more than the other? Please inform us. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows, shighar marriage, as you mentioned, is not permissible. The Prophet (peace and blessings be upon him) prohibited it. It is when a man says to another, “Marry me your daughter, and I will marry you my daughter,” or “Marry me your sister, and I will marry you my sister,” or something similar. This is shighar marriage with a condition. However, if there is no condition, and all parties are satisfied, and there is no stipulation—rather, this one is satisfied and this one is satisfied, and the woman is satisfied—then this is not shighar. Shighar is when there is a condition between them: “I will marry you so that you marry me.” This is shighar. But if each one desires to marry the other’s relative, and even if the other does not marry, this one marries his sister, and even if the other does not marry his sister, and so on with his daughter, and they merely agree without a condition that this one marries his sister, and this one marries his sister or daughter, by mutual consent without a condition, then there is no harm in that, and it is not shighar. Praise be to Allah. May Allah reward you with good and do you well.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 3618 - ماهية زواج الشغار وحكمه - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.