The Form of Shighar Marriage and Its Ruling
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Question:
A message was received for the program from Hail, sent by the listener: (M. M. 'A. 'A). Our brother is asking about shighar, Your Eminence, and he is perhaps unable to distinguish between shighar and what is not shighar in marriage. He seeks your guidance, as he asks and says: Is it permissible for my father to marry my paternal cousin to me, and for my uncle to marry me to his daughter? Knowing that everyone agrees to this marriage, and for the purpose of kinship and affection between the two brothers. Does this marriage fall under the ruling of shighar? What is your opinion? Should I complete this marriage or not? May Allah reward you with good.
Answer:
Regarding shighar, it is established from the Prophet (peace and blessings be upon him) in authentic hadiths that it is prohibited. He said: This is shighar.
As for if your father proposes your uncle's daughter to you, and your uncle proposes your father's daughter, who is your sister, to his son or his nephew, all of this is permissible if it is not on the basis of a condition or compulsion.
However, if it is on the basis of a condition: "I will not marry [her] until you marry [me]," meaning each one says, "I will not marry you until you marry me or marry my son," this is the shighar that is prohibited. Because it makes each woman the dowry for the other, so it is a contract tied to a contract, and that is not permissible. Also, because it is a means to injustice toward women and forcing them to marry someone they do not approve of. And because it is also a means to disputes and much conflict; whenever something happens between a husband and his wife, the other is held accountable for it or her guardian is compelled by it, so the conflict continues.
So the conclusion is that shighar is when each one says to the other: "Marry me to your daughter or similar from those under your guardianship; and I will marry you to my daughter or similar from those under my guardianship," as a condition, on the basis of a stipulation and compulsion. But if it is without this condition, rather he proposes from him and he proposes from the other, and everyone agrees without a condition, then there is no harm in that and no blame.
The presenter: May Allah bless you. And if the dowries are equal, and if the expenses are equal?
The Shaykh: Yes, there is no harm, whether they are equal or different. Yes.
The presenter: May Allah bless you, may Allah reward you with good.
A message was received for the program from Hail, sent by the listener: (M. M. 'A. 'A). Our brother is asking about shighar, Your Eminence, and he is perhaps unable to distinguish between shighar and what is not shighar in marriage. He seeks your guidance, as he asks and says: Is it permissible for my father to marry my paternal cousin to me, and for my uncle to marry me to his daughter? Knowing that everyone agrees to this marriage, and for the purpose of kinship and affection between the two brothers. Does this marriage fall under the ruling of shighar? What is your opinion? Should I complete this marriage or not? May Allah reward you with good.
Answer:
Regarding shighar, it is established from the Prophet (peace and blessings be upon him) in authentic hadiths that it is prohibited. He said:
And shighar is when a man says to a man: "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."
والشغار أن يقول الرجل للرجل: زوجني ابنتك وأزوجك بنتي، أو زوجني أختك وأزوجك أختيAs for if your father proposes your uncle's daughter to you, and your uncle proposes your father's daughter, who is your sister, to his son or his nephew, all of this is permissible if it is not on the basis of a condition or compulsion.
However, if it is on the basis of a condition: "I will not marry [her] until you marry [me]," meaning each one says, "I will not marry you until you marry me or marry my son," this is the shighar that is prohibited. Because it makes each woman the dowry for the other, so it is a contract tied to a contract, and that is not permissible. Also, because it is a means to injustice toward women and forcing them to marry someone they do not approve of. And because it is also a means to disputes and much conflict; whenever something happens between a husband and his wife, the other is held accountable for it or her guardian is compelled by it, so the conflict continues.
So the conclusion is that shighar is when each one says to the other: "Marry me to your daughter or similar from those under your guardianship; and I will marry you to my daughter or similar from those under my guardianship," as a condition, on the basis of a stipulation and compulsion. But if it is without this condition, rather he proposes from him and he proposes from the other, and everyone agrees without a condition, then there is no harm in that and no blame.
The presenter: May Allah bless you. And if the dowries are equal, and if the expenses are equal?
The Shaykh: Yes, there is no harm, whether they are equal or different. Yes.
The presenter: May Allah bless you, may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.