The Ruling on Marriage by Shighar
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This message is from one of the questioners, Khalaf Sarur from Jeddah, who asks about marriage by shighar. He says: I went to one of the brothers and asked him to marry me his daughter, and he said to me: Marry me your daughter, and I have no objection. I remained confused about the matter. I ask you, may Allah reward you, to clarify the correct path, and is this matter lawful or forbidden? May Allah guide you to good deeds, and may Allah reward you with the best of this world and the Hereafter. We thank you and the workers on this program.
Answer: Marriage by shighar, which some people call marriage by exchange, is not permissible. It is when a man says: Marry me your daughter, or marry my son, or my brother, or my nephew, and I will marry you my daughter, or your son, or your nephew. This is not permissible. This is the shighar about which the Prophet (peace and blessings be upon him) warned and prohibited in several hadiths. The Messenger (peace and blessings be upon him) warned against marriage by shighar, which is called marriage by exchange. It is never permissible for any Muslim to marry by shighar, even with the customary mahr. This is not permissible because the condition is a marriage within a marriage, and a contract within a contract, so it is of the kind of two sales in one sale. Also, because it leads to great corruption, disputes, and litigation, and to forcing women and oppressing women by their guardians for their own interests or the interests of their sons, or their brothers' sons, or the like. Then it leads to disputes afterwards; whenever a husband disputes with his wife, the other one leaves.
The point is that it is a wrong, and for this reason the Messenger (peace and blessings be upon him) prohibited it. This is sufficient; the fact that the Prophet (peace and blessings be upon him) prohibited it is sufficient. But despite all this, those who engage in it fall into many problems, and this is part of the ill omen of sins and the ill omen of disobedience, disobedience to the Messenger (peace and blessings be upon him). Disobedience has severe consequences, so those who engage in shighar and disobey the Messenger (peace and blessings be upon him) usually have problems with their women.
It is obligatory for the Muslim to beware of that, and never to marry by shighar. Marriage by shighar is not valid. Yes.
Answer: Marriage by shighar, which some people call marriage by exchange, is not permissible. It is when a man says: Marry me your daughter, or marry my son, or my brother, or my nephew, and I will marry you my daughter, or your son, or your nephew. This is not permissible. This is the shighar about which the Prophet (peace and blessings be upon him) warned and prohibited in several hadiths. The Messenger (peace and blessings be upon him) warned against marriage by shighar, which is called marriage by exchange. It is never permissible for any Muslim to marry by shighar, even with the customary mahr. This is not permissible because the condition is a marriage within a marriage, and a contract within a contract, so it is of the kind of two sales in one sale. Also, because it leads to great corruption, disputes, and litigation, and to forcing women and oppressing women by their guardians for their own interests or the interests of their sons, or their brothers' sons, or the like. Then it leads to disputes afterwards; whenever a husband disputes with his wife, the other one leaves.
The point is that it is a wrong, and for this reason the Messenger (peace and blessings be upon him) prohibited it. This is sufficient; the fact that the Prophet (peace and blessings be upon him) prohibited it is sufficient. But despite all this, those who engage in it fall into many problems, and this is part of the ill omen of sins and the ill omen of disobedience, disobedience to the Messenger (peace and blessings be upon him). Disobedience has severe consequences, so those who engage in shighar and disobey the Messenger (peace and blessings be upon him) usually have problems with their women.
It is obligatory for the Muslim to beware of that, and never to marry by shighar. Marriage by shighar is not valid. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.