The Meaning of Shighar Marriage and Its Ruling

Question:
The questioner, A.M.A., from the Yemeni Republic, from Sana'a, sent two questions. In the first, she asks: What is the ruling on one who married by way of exchange, that is, shighar? A period of time has passed since his marriage, and he has children. Is his marriage permissible? If it is not permissible, what must he do now? Please guide us. May Allah reward you with good.

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows: In general, shighar marriage is prohibited in Islam. It is when a woman is made the exchange for another woman without paying a bridal gift to either of them. For example, if a man says, "I will marry you to my slave woman on the condition that you marry me to your slave woman," or "that you marry my son or so-and-so." If the marriage of a woman is conditioned on the marriage of another woman without a bridal gift, that is shighar. This is the general rule and the legal principle. As for the specific case mentioned, it is obligatory to refer to the Shari'ah court to examine this marriage. Yes. May Allah reward you.