The nature of shighar marriage and how to rectify it for those who have engaged in it
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Question:
One of the sisters says, the sender is Umm Nushra. Umm Nushra says: My marriage was a barter, and I have heard that it is forbidden and not permissible. I have given birth to nine children from that husband, and I have raised them all without anyone spending on them other than me. Is it permissible for me to ask for my divorce from that husband?
Answer:
If the marriage was a barter, meaning it is shighar marriage, where you married him on the condition that he marries your brother or your father to his daughter or sister, this is shighar marriage. Each one says: Marry me on the condition that I marry you. This one says: Marry me to your daughter on the condition that I marry you to my daughter, or he says: My sister, or my sister, or... your sister, meaning: as a barter. Each one conditions his daughter, or his sister, or his brother's daughter on the other. This is not permissible; it is an invalid marriage. When you learn the ruling of the Shari'ah, renew the marriage, even if it is after years. Renew the marriage without the condition of the other woman. Each one renews the marriage, and the children are your children due to the doubt, and they are your heirs... and there is no blame on you.
And your spending on your children, may Allah reward you with good. If you spent on them without needing to demand it from him, that is up to you; that is a kindness from you. Otherwise, the financial maintenance is his responsibility if he is able. Yes.
The presenter : May Allah reward you with good, and may He do you good.
One of the sisters says, the sender is Umm Nushra. Umm Nushra says: My marriage was a barter, and I have heard that it is forbidden and not permissible. I have given birth to nine children from that husband, and I have raised them all without anyone spending on them other than me. Is it permissible for me to ask for my divorce from that husband?
Answer:
If the marriage was a barter, meaning it is shighar marriage, where you married him on the condition that he marries your brother or your father to his daughter or sister, this is shighar marriage. Each one says: Marry me on the condition that I marry you. This one says: Marry me to your daughter on the condition that I marry you to my daughter, or he says: My sister, or my sister, or... your sister, meaning: as a barter. Each one conditions his daughter, or his sister, or his brother's daughter on the other. This is not permissible; it is an invalid marriage. When you learn the ruling of the Shari'ah, renew the marriage, even if it is after years. Renew the marriage without the condition of the other woman. Each one renews the marriage, and the children are your children due to the doubt, and they are your heirs... and there is no blame on you.
And your spending on your children, may Allah reward you with good. If you spent on them without needing to demand it from him, that is up to you; that is a kindness from you. Otherwise, the financial maintenance is his responsibility if he is able. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
