With the rise in bridal gifts, marriage by exchange without a mahr has become widespread. One of the spouses died, and the other is demanding the mahr. What is the position of the Shari'ah in this matter?
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The questioner : May the Shaykh be honored. With the rise in bridal gifts, marriage by exchange without a mahr has become widespread. One of the spouses died, and the other is demanding the mahr. What is the position of the Shari'ah in this case, first and last? I ask you to clarify this. May Allah reward you.
The Shaykh : I say: Marriage by exchange is forbidden and invalid, because the Prophet (peace and blessings be upon him) prohibited shighar, that is, marriage by shighar, and he said:Sunan Ibn Majah 1885Sahih (Darussalam).
It is a purely pre-Islamic custom, and it is forbidden. Women are not commodities to be bought and sold according to the desires of the buyer and seller. Therefore, I refer these people to the Shari'ah courts there to judge between them according to what the Shari'ah requires.
The Shaykh : I say: Marriage by exchange is forbidden and invalid, because the Prophet (peace and blessings be upon him) prohibited shighar, that is, marriage by shighar, and he said:
There is no Shighar in Islam.
لا شغار في الإسلامIt is a purely pre-Islamic custom, and it is forbidden. Women are not commodities to be bought and sold according to the desires of the buyer and seller. Therefore, I refer these people to the Shari'ah courts there to judge between them according to what the Shari'ah requires.