Marriage by Shighar. Its Ruling and How to Rectify It for Those Who Have Entered Into It
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He says: I have uncles, each of whom has a son and a daughter. They married their sons to each other’s daughters. Is this called marriage by shighar? Knowing that they have had children, what is your opinion, Your Eminence, regarding this marriage? Is this marriage invalid, knowing that each wife has a specific mahr that is not equal to the mahr of the other? In this case, is divorce obligatory? Are the children legitimate or not? Please inform us, may Allah reward you with good.
Answer: If the marriage was without a condition, but rather this one proposed and this one proposed, and this one married and this one married with mutual consent, then this is not shighar, and there is no harm in a man marrying his cousin’s daughter or his maternal cousin’s daughter, and the other doing the same; there is no harm in that. Shighar is when there is a condition: “Marry me to your daughter and I will marry you to my daughter.” This is shighar.. This is shighar, meaning the mutual conditioning; this one conditions and this one conditions. But if this one proposes to this one and this one proposes to this one without mutual conditioning, there is no harm in that and it is not called shighar.
And if it is shighar through mutual conditioning, the children follow their fathers due to the doubt regarding the marriage; because the marriage of shighar is defective, and there is disagreement among the scholars. So the doubt regarding the validity or defectiveness of the marriage necessitates attributing the children to their fathers. But as long as each one desires his wife, he renews the marriage; each one renews the marriage. And if his wife does not desire him, he divorces her with one divorce, and that is sufficient. But if he desires her and she desires him, he renews the marriage. If there was mutual conditioning, he marries her anew; he marries her guardian anew with a valid contract, a valid mahr, and the presence of two witnesses. There is no need for a waiting period, but rather immediately; because the fluid is his. If she is pregnant, the fluid is his.
So the conclusion is: he marries her immediately in the presence of two witnesses, with a new contract and a new mahr, if she consents to it and he loves her, then there is no harm in that. But if he does not desire her, or she does not desire him, he divorces her with one divorce. Then, when she has completed her waiting period, she may marry whom she wishes.
Therefore, this matter should be understood so that the issue is not confused. Mutual conditioning makes the marriage shighar, and the absence of mutual conditioning makes the marriage valid. So the one who says to his uncle or maternal uncle: “Marry me to your daughter,” and he says: “I will marry you to my daughter,” is mutual conditioning: “Marry me and I will marry you.” Meaning: this one does not consent except with the marriage of this one; he does not give him his daughter until he gives him his daughter, or his sister until he gives him his sister. This is shighar. But if it is by mutual consent without mutual conditioning, there is no harm in that, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Answer: If the marriage was without a condition, but rather this one proposed and this one proposed, and this one married and this one married with mutual consent, then this is not shighar, and there is no harm in a man marrying his cousin’s daughter or his maternal cousin’s daughter, and the other doing the same; there is no harm in that. Shighar is when there is a condition: “Marry me to your daughter and I will marry you to my daughter.” This is shighar.
It is that the man says: Marry me to your daughter and I will marry you to my daughter, or marry me to your sister and I will marry you to my sister
هو أن يقول الرجل: زوجني ابنتك وأزوجك بنتي، أو زوجني أختك وأزوجك أختيAnd if it is shighar through mutual conditioning, the children follow their fathers due to the doubt regarding the marriage; because the marriage of shighar is defective, and there is disagreement among the scholars. So the doubt regarding the validity or defectiveness of the marriage necessitates attributing the children to their fathers. But as long as each one desires his wife, he renews the marriage; each one renews the marriage. And if his wife does not desire him, he divorces her with one divorce, and that is sufficient. But if he desires her and she desires him, he renews the marriage. If there was mutual conditioning, he marries her anew; he marries her guardian anew with a valid contract, a valid mahr, and the presence of two witnesses. There is no need for a waiting period, but rather immediately; because the fluid is his. If she is pregnant, the fluid is his.
So the conclusion is: he marries her immediately in the presence of two witnesses, with a new contract and a new mahr, if she consents to it and he loves her, then there is no harm in that. But if he does not desire her, or she does not desire him, he divorces her with one divorce. Then, when she has completed her waiting period, she may marry whom she wishes.
Therefore, this matter should be understood so that the issue is not confused. Mutual conditioning makes the marriage shighar, and the absence of mutual conditioning makes the marriage valid. So the one who says to his uncle or maternal uncle: “Marry me to your daughter,” and he says: “I will marry you to my daughter,” is mutual conditioning: “Marry me and I will marry you.” Meaning: this one does not consent except with the marriage of this one; he does not give him his daughter until he gives him his daughter, or his sister until he gives him his sister. This is shighar. But if it is by mutual consent without mutual conditioning, there is no harm in that, and praise be to Allah. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.