The Ruling on Marriage by Shighar
Machine translationRead the Arabic original
Oh Shaykh! The practice of shighar marriage has spread in the neighboring villages. There is a man, approximately 50 years old, who proposed to a young girl. Her father married her to him on the condition that this man, the suitor, would marry his own daughter to the girl's father. There was a mahr (bridal gift) between them. What is the position of the da'iyah (caller to Islam) who is close to them in this matter? And what is your advice, oh Shaykh, to people like these!
If there is a mahr between them, the matter is easy, provided that it is the mahr of the like (mahr al-mithl). In that case, the marriage is valid; because the fuqaha (jurists) (may Allah have mercy on them) differ on this issue: if a mahr is named as the mahr of the like, and there is no coercion from the wife, is it valid or not? The stronger position is that it is valid.
But my statement is not: The stronger view is that it is valid. I am not opening the door for people to do this; no. But in a case like this that has already happened and ended, and it has been twenty-five years, and they have had children, we do not separate them.
The questioner: It happened recently, O Shaykh! The Shaykh : Even if it happened recently, as long as the *mahr* is complete.
And I see that shighar marriage is valid if three conditions are met: The first: that each of the spouses is a suitable match (kafu') for the woman.
The second: That the *mahr al-mithl* is named.
The third: That neither of them is coerced into the marriage.
I see that this is valid; but it is not permissible for a person to withhold his daughter until a man comes to him and agrees to these conditions. This is forbidden and not permissible.
If there is a mahr between them, the matter is easy, provided that it is the mahr of the like (mahr al-mithl). In that case, the marriage is valid; because the fuqaha (jurists) (may Allah have mercy on them) differ on this issue: if a mahr is named as the mahr of the like, and there is no coercion from the wife, is it valid or not? The stronger position is that it is valid.
But my statement is not: The stronger view is that it is valid. I am not opening the door for people to do this; no. But in a case like this that has already happened and ended, and it has been twenty-five years, and they have had children, we do not separate them.
The questioner: It happened recently, O Shaykh! The Shaykh : Even if it happened recently, as long as the *mahr* is complete.
And I see that shighar marriage is valid if three conditions are met: The first: that each of the spouses is a suitable match (kafu') for the woman.
The second: That the *mahr al-mithl* is named.
The third: That neither of them is coerced into the marriage.
I see that this is valid; but it is not permissible for a person to withhold his daughter until a man comes to him and agrees to these conditions. This is forbidden and not permissible.