The ruling on exchange marriage and what the wife does if she refuses
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The questioner : Honorable Shaykh, peace be upon you and Allah’s mercy and blessings. After that, I have a case, and many cases of this type have occurred in our community, and…
The Shaykh : We answered this question just a moment ago, my brother. We answered it in this same session.
The questioner : No, I helped you from the street, I did. Yes. I mean, by Allah, I didn’t hear you. Frankly, even if you bothered me a little. Did you see or not? Mm. My son, my son, and by the praise of Allah, a son and a daughter, and three years have passed since our marriage. Yes. But what defines this marriage is that our marriage was an exchange. That is,
The Shaykh : Leave it, be patient, be patient, don’t say anything. I told you, only the court can resolve this.
The questioner : This court, okay. As for the marriage, I mean, the one that was forced, how is that?
The Shaykh : Just as I told you, I told you this is not right.
The questioner : I mean, it is not permissible.
The Shaykh : The woman’s consent is required, and I told you that your problem goes back to the court entirely.
The questioner : Okay, and if, for example, the girl refused, for example, they told her about this same matter and she said, “I no longer want to marry this person, I don’t want to,” I mean, for example, what is the method?
The Shaykh : Now the matter, the case, is finished now. The marriage took place a long time ago.
The questioner : Okay, so now the marriage, I mean, is proceeding.
The Shaykh : It is proceeding, that’s it.
The questioner : But, for example, if she refused and said, “I am refusing this person.”
The Shaykh : If she says that, and I am saying now, whether she said it or not, you must go to the court.
The questioner : Okay, it goes back to the court.
The Shaykh : Yes, you inform the judge just as you informed us, and if he rules as he sees fit, we ask Allah to grant him success in what is correct.
The Shaykh : We answered this question just a moment ago, my brother. We answered it in this same session.
The questioner : No, I helped you from the street, I did. Yes. I mean, by Allah, I didn’t hear you. Frankly, even if you bothered me a little. Did you see or not? Mm. My son, my son, and by the praise of Allah, a son and a daughter, and three years have passed since our marriage. Yes. But what defines this marriage is that our marriage was an exchange. That is,
The Shaykh : Leave it, be patient, be patient, don’t say anything. I told you, only the court can resolve this.
The questioner : This court, okay. As for the marriage, I mean, the one that was forced, how is that?
The Shaykh : Just as I told you, I told you this is not right.
The questioner : I mean, it is not permissible.
The Shaykh : The woman’s consent is required, and I told you that your problem goes back to the court entirely.
The questioner : Okay, and if, for example, the girl refused, for example, they told her about this same matter and she said, “I no longer want to marry this person, I don’t want to,” I mean, for example, what is the method?
The Shaykh : Now the matter, the case, is finished now. The marriage took place a long time ago.
The questioner : Okay, so now the marriage, I mean, is proceeding.
The Shaykh : It is proceeding, that’s it.
The questioner : But, for example, if she refused and said, “I am refusing this person.”
The Shaykh : If she says that, and I am saying now, whether she said it or not, you must go to the court.
The questioner : Okay, it goes back to the court.
The Shaykh : Yes, you inform the judge just as you informed us, and if he rules as he sees fit, we ask Allah to grant him success in what is correct.
Source
سؤال من حاج 1407هـ - 1 — binothaimeen.net (33:52)
The Arabic text is a machine transcription of the audio recording.