Ruling on a father taking from his daughter's mahr and the ruling on shigar marriage

Question:
The first question we pose to his Eminence was sent to us by the listener Abu Bakr Shu'ayb Uthman, a Sudanese national residing in Jeddah. He asks: Is it permissible for a man to marry with his daughter's mahr? Or to agree with another man such that each of them takes the other's daughter as a wife without a mahr, or is it not? And what is this called in the Shari'ah?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may the prayers and peace be upon His servant and messenger, His choice from among His creation, our Prophet, our Imam, and our Master Muhammad ibn 'Abdullah, and upon his family, his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment. As for what follows:
There is no harm in a man marrying with his daughter's mahr; based on the saying of the Prophet (peace and blessings be upon him): and his saying (peace and blessings be upon him): So if he takes from her mahr what does not harm her, and gives it as the mahr for a wife for himself, there is no harm, but it must not harm her. Rather, he should leave for her something that benefits her with her husband, makes her independent of needing others, and serves as a cause for harmony between her and her husband, and for her remaining with her husband. This is what is recommended; based on the saying of the Prophet (peace and blessings be upon him): So he should not harm her or make things difficult for her, nor should taking her mahr be a cause for her separation from her husband. But there is no harm in his taking from it something that does not harm her, so he can use it to meet his needs, making it the mahr for a wife, or otherwise.
As for the second issue, which is that he marries his daughter to another man so that the other man marries his daughter, this is not permissible. This is called shigar in Islam, and the Prophet (peace and blessings be upon him) said: and he prohibited shigar in many hadiths. He said (may the prayers and peace be upon him): This is shigar, and it is forbidden and defective. It is when each of them conditions the marriage of the other's female relative, such as his daughter, his sister, or his brother's daughter, whether this is for himself, for his son, or for his brother's son, or the like. All of this is not permissible. The correct view is also that it is not permissible, even if a mahr is named, even if a mahr is named.
Some of the scholars differed on this and said: If the customary mahr is named for each of them, and they agree to it, then there is no harm. But this is a weaker position and is not correct.
The correct view is: Whenever the condition occurs between them, the mahr does not make it permissible, whether they name a mahr or not; because the Messenger (peace and blessings be upon him) prohibited shigar and did not make an exception, nor did he say: "Except if they have a mahr." And what came in the hadith of Ibn 'Umar in explaining shigar that there is no mahr between them is from the words of Nafi', not from the words of the Prophet (peace and blessings be upon him). Rather, it is from the words of the narrator Nafi', and his words are not a proof. The proof is in the words of the Prophet (peace and blessings be upon him), and the Prophet (peace and blessings be upon him) did not distinguish between shigar with a mahr and shigar without a mahr. What indicates this is what Ahmad and Abu Dawud narrated with a good chain from Mu'awiyah (may Allah be pleased with him) : "That the governor of Madinah wrote to him, mentioning to him that some men of Quraysh married a woman and gave her a mahr, and married her through shigar. So Mu'awiyah (may Allah be pleased with him) wrote to him saying to him: Separate them, for this is the shigar that the Prophet (may the prayers and peace be upon him) prohibited " And Mu'awiyah did not pay attention to the mahr. And this is the correct view; because the operative cause is present, even if there is a mahr. And this operative cause is that this condition leads to the oppression of women, to the unlawful taking of their chastity without right, to much dispute and litigation between the two parties, and to marrying them without their permission. And all of these are the results and fruits of this defective contract, and they are bad fruits and poor results. Yes.

The presenter: May Allah reward you with good.