What is the ruling on a man who marries his daughter to another on the condition that the other marries his daughter to him, and there is a mahr?
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The questioner : O Shaykh, may Allah have mercy on you, the practice of shighar has spread in the neighboring villages. A man, who is approximately fifty years old, proposed to a young girl, and her father married her to him on the basis that this man, the suitor, would marry his daughter to the father of this girl. What is the position, I mean, of the da'iyah (caller to Islam) who is close to them in this matter? And what is your advice, O Shaykh, to these people? And there is a mahr between them.
The Shaykh : There is a mahr between them?
The questioner : Yes.
The Shaykh : The matter is easy if there is a mahr al-mithl (mahr of the like) between them.
The questioner : Yes
The Shaykh : Mahr al-mithl (mahr of the like).
The questioner : There is a mahr between them.
The Shaykh : So the marriage is valid, because the fuqaha (jurists), may Allah have mercy on them, differ on this issue: if a mahr is named as mahr al-mithl, and without coercion from the wife, is it valid or not? The stronger position is that it is valid.
But my saying that the stronger position is that it is valid does not mean that I am opening the door for people, no. But an issue like this that occurred and ended, and it has been twenty-five years, and they have had children, we do not separate them. Yes.
The questioner : Close, is that it, O Shaykh?
The Shaykh : Even if he is a close relative, as long as the mahr is complete, I see that the marriage of shighar, if three conditions are met:
First: that each of the spouses is a suitable match (kafu') for the woman.
And that the mahr of the like (mahr al-mithl) is named.
And that neither of them is coerced into the marriage, I see that this is valid. But note, it is not permissible for a person to prevent his daughter until a man comes to him and agrees with him on this condition. This is forbidden and not permissible. Yes.
The Shaykh : There is a mahr between them?
The questioner : Yes.
The Shaykh : The matter is easy if there is a mahr al-mithl (mahr of the like) between them.
The questioner : Yes
The Shaykh : Mahr al-mithl (mahr of the like).
The questioner : There is a mahr between them.
The Shaykh : So the marriage is valid, because the fuqaha (jurists), may Allah have mercy on them, differ on this issue: if a mahr is named as mahr al-mithl, and without coercion from the wife, is it valid or not? The stronger position is that it is valid.
But my saying that the stronger position is that it is valid does not mean that I am opening the door for people, no. But an issue like this that occurred and ended, and it has been twenty-five years, and they have had children, we do not separate them. Yes.
The questioner : Close, is that it, O Shaykh?
The Shaykh : Even if he is a close relative, as long as the mahr is complete, I see that the marriage of shighar, if three conditions are met:
First: that each of the spouses is a suitable match (kafu') for the woman.
And that the mahr of the like (mahr al-mithl) is named.
And that neither of them is coerced into the marriage, I see that this is valid. But note, it is not permissible for a person to prevent his daughter until a man comes to him and agrees with him on this condition. This is forbidden and not permissible. Yes.