The Nature of Shighar Marriage and Its Ruling
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Question:
From Riyadh, listener (R. K. F), a letter containing this question: I have a son, and my brother has a son, and each of them wants to marry the other’s sister. However, we have heard that the exchange is not permissible unless a mahr is set, with one mahr being higher than the other. Is this correct or not? We ask for your information and clarification. May Allah reward you with good.
Answer:
Marriage by exchange is not permissible, and it is called shighar marriage. The Prophet (peace and blessings be upon him) prohibited it in several hadiths. Therefore, marriage by exchange through stipulation is not permissible. One says: “Marry me your sister, and I will marry you my sister,” or “Marry me your daughter, and I will marry you my daughter.” This is marriage by exchange, and it is called shighar marriage. Even if they name a mahr, even if the mahr is equal, and even if the mahr differs, as long as there is stipulation, it is not permissible.
As for when this man proposes to this man’s daughter, and this man proposes to this man’s daughter for himself, or for his brother, or for his son, without stipulation; there is no harm. What is prohibited is the stipulation. So if they agree without stipulation, the daughter agreed, or the sister agreed, and the other agreed without stipulation, but rather this man proposed, and this man proposed; there is no harm in that. What is prohibited is the stipulation, where he conditions: “I will not marry you until you marry me,” meaning: “I will not marry you my daughter until you marry me your daughter,” or “I will not marry your son until you marry my son.” This is what is not permissible. This is what the Prophet (peace and blessings be upon him) prohibited.
Therefore, it is obligatory to leave that, even if they name an equal mahr, or if one is more than the other. The mahr does not make shighar permissible. But there must be mutual consent, and there must not be any stipulation. Yes.
The presenter: May Allah reward you with good.
From Riyadh, listener (R. K. F), a letter containing this question: I have a son, and my brother has a son, and each of them wants to marry the other’s sister. However, we have heard that the exchange is not permissible unless a mahr is set, with one mahr being higher than the other. Is this correct or not? We ask for your information and clarification. May Allah reward you with good.
Answer:
Marriage by exchange is not permissible, and it is called shighar marriage. The Prophet (peace and blessings be upon him) prohibited it in several hadiths. Therefore, marriage by exchange through stipulation is not permissible. One says: “Marry me your sister, and I will marry you my sister,” or “Marry me your daughter, and I will marry you my daughter.” This is marriage by exchange, and it is called shighar marriage. Even if they name a mahr, even if the mahr is equal, and even if the mahr differs, as long as there is stipulation, it is not permissible.
As for when this man proposes to this man’s daughter, and this man proposes to this man’s daughter for himself, or for his brother, or for his son, without stipulation; there is no harm. What is prohibited is the stipulation. So if they agree without stipulation, the daughter agreed, or the sister agreed, and the other agreed without stipulation, but rather this man proposed, and this man proposed; there is no harm in that. What is prohibited is the stipulation, where he conditions: “I will not marry you until you marry me,” meaning: “I will not marry you my daughter until you marry me your daughter,” or “I will not marry your son until you marry my son.” This is what is not permissible. This is what the Prophet (peace and blessings be upon him) prohibited.
Therefore, it is obligatory to leave that, even if they name an equal mahr, or if one is more than the other. The mahr does not make shighar permissible. But there must be mutual consent, and there must not be any stipulation. 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.