What is the ruling on marriage by shighar?
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The questioner : What is the ruling on marriage by shighar?
The Shaykh : Marriage by shighar is when a man marries his daughter to a man on the condition that the man marries his daughter to him, so there is an exchange between the two wives. It is forbidden, because the Prophet (peace and blessings be upon him) prohibited it. The predominant outcome in it is the loss of trust, and that the guardian looks only to his own interest, not to the interest of the daughter. Therefore, the Prophet (peace and blessings be upon him) forbade it.
The scholars differed on whether a mahr (bridal gift) is set for each woman.
Some of them said: The marriage is not valid, and there is no difference between there being a mahr or not. And some of them said: If there is a mahr equal to the customary mahr, and each of the two men is a suitable match for his prospective bride, and each of the two women consents, then the marriage is valid. And this is the correct view: that if these three conditions are met:
That the mahr is the customary mahr for her, and each of the two men is a suitable match for the woman he wants to marry, and each of them consents to the man, then the marriage is valid. But it is better to stay away from it, so that the door is not opened and the concern of each one becomes seeking his own interest rather than the interest of his daughter.
The questioner : May Allah bless you.
The Shaykh : Marriage by shighar is when a man marries his daughter to a man on the condition that the man marries his daughter to him, so there is an exchange between the two wives. It is forbidden, because the Prophet (peace and blessings be upon him) prohibited it. The predominant outcome in it is the loss of trust, and that the guardian looks only to his own interest, not to the interest of the daughter. Therefore, the Prophet (peace and blessings be upon him) forbade it.
The scholars differed on whether a mahr (bridal gift) is set for each woman.
Some of them said: The marriage is not valid, and there is no difference between there being a mahr or not. And some of them said: If there is a mahr equal to the customary mahr, and each of the two men is a suitable match for his prospective bride, and each of the two women consents, then the marriage is valid. And this is the correct view: that if these three conditions are met:
That the mahr is the customary mahr for her, and each of the two men is a suitable match for the woman he wants to marry, and each of them consents to the man, then the marriage is valid. But it is better to stay away from it, so that the door is not opened and the concern of each one becomes seeking his own interest rather than the interest of his daughter.
The questioner : May Allah bless you.