Definition of Shighar and the Ruling on Forcing Daughters into Marriage
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Question:
From Tabuk, a message was sent by the listener: Salim Muslim al-Bayadi. The brother Salim asks and says: Please tell us about the marriage of shighar, its ruling, and what is the ruling on forcing daughters into it? May Allah reward you with good.
Answer:
The marriage of shighar is when the guardian conditions upon the other party the marriage of his daughter, or his sister, if he wants to marry him to his daughter, or his sister. He says: Yes, I will marry you my daughter, or my sister, on the condition that you marry me your daughter, or your sister, or you marry my son, or my nephew, or my brother. This is shighar: a condition of marriage in a marriage. The Messenger (peace and blessings be upon him) prohibited this; he prohibited shighar, even if there is a mahr (bridal gift) in it.
So it is obligatory to be cautious of that. Marriage is not to be done with a condition; it is to be done without a condition. You marry her if you desire it and the woman consents, without the condition of another marriage. So the condition of marriage... is called shighar. If he says: I will marry you my daughter, or my sister, or my brother's daughter, on the condition that you marry me, or you marry my son, or my brother, your daughter, or your sister, or your brother's daughter, or something like that, this is shighar. It is not permissible, and the marriage is invalid according to the correct opinion.
The presenter: And what is the ruling on forcing daughters?
The Shaykh: As for forcing daughters, it is not permissible. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 6970 And al-aym is the thayb (a woman who has been married before) who has already been married Jami` at-Tirmidhi 1107Sahih (Darussalam) They said: O Messenger of Allah, how is her consent? He said: .
So it is not permissible to marry women off except with their consent, even from the father. Even the father does not force them. It is necessary... the right is theirs, and the need is theirs. So it is necessary to consult the daughter, whether she is a thayb (a woman who has been married before) or a bakhir (a virgin). If she consents, otherwise she is not married. Her father does not marry her off, nor her brother, nor anyone else by force or coercion. No, it is by consultation and a willing heart. If she consents, praise be to Allah. If she refuses, then no. But if she is a bakhir (a virgin), her silence is sufficient, if she is consulted and she remains silent, that is enough. Yes.
The presenter: May Allah reward you with good, and may He do you good.
From Tabuk, a message was sent by the listener: Salim Muslim al-Bayadi. The brother Salim asks and says: Please tell us about the marriage of shighar, its ruling, and what is the ruling on forcing daughters into it? May Allah reward you with good.
Answer:
The marriage of shighar is when the guardian conditions upon the other party the marriage of his daughter, or his sister, if he wants to marry him to his daughter, or his sister. He says: Yes, I will marry you my daughter, or my sister, on the condition that you marry me your daughter, or your sister, or you marry my son, or my nephew, or my brother. This is shighar: a condition of marriage in a marriage. The Messenger (peace and blessings be upon him) prohibited this; he prohibited shighar, even if there is a mahr (bridal gift) in it.
So it is obligatory to be cautious of that. Marriage is not to be done with a condition; it is to be done without a condition. You marry her if you desire it and the woman consents, without the condition of another marriage. So the condition of marriage... is called shighar. If he says: I will marry you my daughter, or my sister, or my brother's daughter, on the condition that you marry me, or you marry my son, or my brother, your daughter, or your sister, or your brother's daughter, or something like that, this is shighar. It is not permissible, and the marriage is invalid according to the correct opinion.
The presenter: And what is the ruling on forcing daughters?
The Shaykh: As for forcing daughters, it is not permissible. The Prophet (peace and blessings be upon him) said:
A lady slave should not be given in marriage until she is consulted
لا تنكح الأيم حتى تستأمرand a virgin should not be given in marriage until her permission is sought
ولا تنكح البكر حتى تستأذنThat she remains silent.
أن تسكتSo it is not permissible to marry women off except with their consent, even from the father. Even the father does not force them. It is necessary... the right is theirs, and the need is theirs. So it is necessary to consult the daughter, whether she is a thayb (a woman who has been married before) or a bakhir (a virgin). If she consents, otherwise she is not married. Her father does not marry her off, nor her brother, nor anyone else by force or coercion. No, it is by consultation and a willing heart. If she consents, praise be to Allah. If she refuses, then no. But if she is a bakhir (a virgin), her silence is sufficient, if she is consulted and she remains silent, that is enough. 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.