Marrying his cousin's daughter in exchange for marrying his sister to his cousin, and taking his sister before the marriage, so he paid the dowry for the marriage (5 Egyptian pounds)
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The questioner : He says that he married my cousin's daughter in exchange for my sister. At the time of the marriage, my cousin took my sister before my marriage, so he paid the dowry for the marriage, five Egyptian pounds. Is this permissible or not? This was with the consent of both parties. We ask for your guidance, O honorable Shaykh?
The Shaykh : If this happened by agreement, meaning it occurred without a condition, such that the man married his sister to the man, and then the second man married his sister to him, then there is nothing wrong with it and no blame on him. However, if it occurred with a condition, such that he said, "I will not marry you my sister unless you marry me your sister," then if this is without a dowry, it is forbidden because it is of the shighar that the Prophet (peace and blessings be upon him) forbade, and he said:Sunan Ibn Majah 1885Sahih (Darussalam) And because the dowry must be money, not a person, as Allah the Exalted said: [An-Nisa 4:24].
However, if there was a dowry, and this dowry was the standard dowry, and both wives were satisfied with their respective husbands, and each husband was a suitable match for his wife, then this contract is valid according to many scholars because there is no objection to it. The dowry is complete, the consent is present, and the suitability is established. But it is feared that what often happens in such matters, indeed what often happens in such a situation, is that if the relationship between one of the wives and her husband deteriorates, the husband whose relationship has deteriorated will try to ruin the relationship between the other husband and his wife.
And this is an objection that a person must be aware of, even if the marriage is valid. Yes.
The questioner : May Allah reward you. This listener is Abdullah from Riyadh, and he has a set of questions. He says in the first question.
The Shaykh : If this happened by agreement, meaning it occurred without a condition, such that the man married his sister to the man, and then the second man married his sister to him, then there is nothing wrong with it and no blame on him. However, if it occurred with a condition, such that he said, "I will not marry you my sister unless you marry me your sister," then if this is without a dowry, it is forbidden because it is of the shighar that the Prophet (peace and blessings be upon him) forbade, and he said:
There is no Shighar in Islam.
لا شغار في الإسلامAnd lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْHowever, if there was a dowry, and this dowry was the standard dowry, and both wives were satisfied with their respective husbands, and each husband was a suitable match for his wife, then this contract is valid according to many scholars because there is no objection to it. The dowry is complete, the consent is present, and the suitability is established. But it is feared that what often happens in such matters, indeed what often happens in such a situation, is that if the relationship between one of the wives and her husband deteriorates, the husband whose relationship has deteriorated will try to ruin the relationship between the other husband and his wife.
And this is an objection that a person must be aware of, even if the marriage is valid. Yes.
The questioner : May Allah reward you. This listener is Abdullah from Riyadh, and he has a set of questions. He says in the first question.