What is the ruling on marriage by shighar?
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The questioner : Regarding marriage by shighar, if there is a mahr, but it is stipulated that the man... is this permissible?
The Shaykh : In my opinion, it is permissible with one condition: that the consequences of this marriage not include what is usually a consequence of marriage by shighar. For example, Zayd marries 'Amr's sister, and vice versa, but each one paid the mahr. If a dispute arises between Zayd and his wife, the conflict spreads to 'Amr and his wife, just like in shighar. If this one divorces, that one divorces. In that case, it is not permissible, even if there is a mahr, if this is the custom. However, if it is not customary for any of the consequences usually associated with marriage by shighar to occur, then as long as the mahr is present, it is permissible.
The questioner : Even if it is with a condition?
The Shaykh : Did I not make it clear?
The questioner : Yes, but what if one of them marries to please her brother or father, not out of love for the wife?
The Shaykh : That is another issue, whether it is shighar or not. Here we say she married with her consent or against her will. That is a separate discussion. What do you mean by this condition?
The questioner : What if it is stipulated that he marries his sister for a mahr equal to hers?
The Shaykh : Each one took the second wife with a mahr, but if a dispute usually arises between the spouses and spreads to the other two, it is not permissible, even if the mahr is paid.
The Shaykh : In my opinion, it is permissible with one condition: that the consequences of this marriage not include what is usually a consequence of marriage by shighar. For example, Zayd marries 'Amr's sister, and vice versa, but each one paid the mahr. If a dispute arises between Zayd and his wife, the conflict spreads to 'Amr and his wife, just like in shighar. If this one divorces, that one divorces. In that case, it is not permissible, even if there is a mahr, if this is the custom. However, if it is not customary for any of the consequences usually associated with marriage by shighar to occur, then as long as the mahr is present, it is permissible.
The questioner : Even if it is with a condition?
The Shaykh : Did I not make it clear?
The questioner : Yes, but what if one of them marries to please her brother or father, not out of love for the wife?
The Shaykh : That is another issue, whether it is shighar or not. Here we say she married with her consent or against her will. That is a separate discussion. What do you mean by this condition?
The questioner : What if it is stipulated that he marries his sister for a mahr equal to hers?
The Shaykh : Each one took the second wife with a mahr, but if a dispute usually arises between the spouses and spreads to the other two, it is not permissible, even if the mahr is paid.