I married through shighar, and ten years have passed since my marriage. Is the contract valid, and what should we do now, given that I have children?
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The questioner : He says:The questioner : I married through shighar, and ten years have passed since my marriage. Is the contract valid, and what should we do now, given that I have children?
The Shaykh : Shighar is derived from the word for emptiness; it is said that a place is shaghira (empty) when it is vacant. Legally, it means that a man marries his ward, such as his daughter or sister, to another man on the condition that the other man marries his sister or daughter to him. This creates an exchange between the two men regarding the two women. This marriage is forbidden because the Prophet (peace and blessings be upon him) prohibited it, and because it involves the squandering of trust. If a person is only concerned that the other man will marry his ward, he does not care whether the other man is a suitable match for the woman or not. Since the matter has already occurred, it is obligatory for this questioner to return to the court and the judge, meaning the qadi, to investigate the matter and see whether shighar applies to this marriage or not, and whether the contract should be annulled or not. Yes.
The questioner : May Allah bless you.
The Shaykh : Shighar is derived from the word for emptiness; it is said that a place is shaghira (empty) when it is vacant. Legally, it means that a man marries his ward, such as his daughter or sister, to another man on the condition that the other man marries his sister or daughter to him. This creates an exchange between the two men regarding the two women. This marriage is forbidden because the Prophet (peace and blessings be upon him) prohibited it, and because it involves the squandering of trust. If a person is only concerned that the other man will marry his ward, he does not care whether the other man is a suitable match for the woman or not. Since the matter has already occurred, it is obligatory for this questioner to return to the court and the judge, meaning the qadi, to investigate the matter and see whether shighar applies to this marriage or not, and whether the contract should be annulled or not. Yes.
The questioner : May Allah bless you.