The Form of Shighar Marriage and Its Ruling
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Question:
The first message in this episode is from Jeddah, sent by a brother of ours from there. He says: I am Muhsin Hamid Ali al-Salati, from Yemen, from the village of al-Rizmah, it seems. Our brother says in one of his questions:
A strange phenomenon has appeared in our country where some people, when they want to get married and have a sister or a daughter, exchange with another person by each marrying the other to his female relative. Each one marries that female relative with what she is entitled to and what is suitable for her in marriage. He asks about the ruling, if you would be so kind, Shaykh Abdul Aziz?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and the outcome is for the righteous. And may prayers and peace be upon His servant and messenger, His choice from among His creation, and His trustee over His revelation, our Prophet, our Imam, and our master Muhammad ibn Abdullah, and upon his family and his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment. As for what follows:
This marriage that the brother asked about is called *shighar* marriage, and some people call it *badal* marriage. It is a marriage that is not permissible, because the Messenger (peace and blessings be upon him) forbade it. It is established from him in authentic hadiths, from the hadith of Ibn Umar, from the hadith of Abu Hurayrah, from the hadith of Jabir, and from the hadith of Muawiyah, the prohibition of *shighar*. He said: This is *shighar*, which is making the marriage of a woman a condition for the marriage of a woman, whether the woman is his daughter, his sister, or his brother's daughter; the point is that she is his female relative. This is not permissible, and it is obligatory to forbid it and warn against it. Even if they name a mahr, and even if they agree to it, it is not permissible, because the Messenger (peace and blessings be upon him) forbade this. And Allah, Glorious and Exalted is He, says: [Al-Hashr: 7], and He says, Glorious and Exalted is He: [An-Nur: 63].
It is established from Muawiyah (may Allah be pleased with him) that it reached him that some residents of Madinah had married a woman on the condition that he would marry his companion to a woman he had, and they named a mahr. So Muawiyah wrote to the governor of Madinah to separate them, and he said: "This is the *shighar* that the Messenger (peace and blessings be upon him) forbade." And he did not pay attention to the mahr they had named.
So the conclusion is: this marriage is not permissible, whether there is a mahr in it or not, and whether everyone agrees or not; it is all prohibited, because of the Prophet's prohibition of it (peace and blessings be upon him), and because it is a means to forcing women and compelling them to do what they do not agree to, and this happens often. And because it is also a means to restricting women, and not hastening to marry them to suitable men, waiting for someone to come to exchange with him, so he holds back and keeps the woman with him, his daughter or his sister, until he finds someone to exchange with. And in it is injustice to women and neglect of them. And Allah, Glorious and Exalted is He, is Wise and All-Knowing, and of His great wisdom is that He forbade this marriage because of the types of corruption that result from it.
The presenter: May Allah reward you with good.
The first message in this episode is from Jeddah, sent by a brother of ours from there. He says: I am Muhsin Hamid Ali al-Salati, from Yemen, from the village of al-Rizmah, it seems. Our brother says in one of his questions:
A strange phenomenon has appeared in our country where some people, when they want to get married and have a sister or a daughter, exchange with another person by each marrying the other to his female relative. Each one marries that female relative with what she is entitled to and what is suitable for her in marriage. He asks about the ruling, if you would be so kind, Shaykh Abdul Aziz?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and the outcome is for the righteous. And may prayers and peace be upon His servant and messenger, His choice from among His creation, and His trustee over His revelation, our Prophet, our Imam, and our master Muhammad ibn Abdullah, and upon his family and his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment. As for what follows:
This marriage that the brother asked about is called *shighar* marriage, and some people call it *badal* marriage. It is a marriage that is not permissible, because the Messenger (peace and blessings be upon him) forbade it. It is established from him in authentic hadiths, from the hadith of Ibn Umar, from the hadith of Abu Hurayrah, from the hadith of Jabir, and from the hadith of Muawiyah, the prohibition of *shighar*. He said:
*Shighar* is when a man says: 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.
الشغار أن يقول الرجل: زوجني ابنتك وأزوجك ابنتي، أو زوجني أختك وأزوجك أختيAnd whatever the Messenger has given you - take; and what he has forbidden you - refrain from
وَمَا آتَاكُمُ الرَّسُولُ فَخُذُوهُ وَمَا نَهَاكُمْ عَنْهُ فَانْتَهُواSo let those beware who dissent from the Prophet's order, lest fitnah strike them or a painful punishment.
فَلْيَحْذَرِ الَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِ أَنْ تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌIt is established from Muawiyah (may Allah be pleased with him) that it reached him that some residents of Madinah had married a woman on the condition that he would marry his companion to a woman he had, and they named a mahr. So Muawiyah wrote to the governor of Madinah to separate them, and he said: "This is the *shighar* that the Messenger (peace and blessings be upon him) forbade." And he did not pay attention to the mahr they had named.
So the conclusion is: this marriage is not permissible, whether there is a mahr in it or not, and whether everyone agrees or not; it is all prohibited, because of the Prophet's prohibition of it (peace and blessings be upon him), and because it is a means to forcing women and compelling them to do what they do not agree to, and this happens often. And because it is also a means to restricting women, and not hastening to marry them to suitable men, waiting for someone to come to exchange with him, so he holds back and keeps the woman with him, his daughter or his sister, until he finds someone to exchange with. And in it is injustice to women and neglect of them. And Allah, Glorious and Exalted is He, is Wise and All-Knowing, and of His great wisdom is that He forbade this marriage because of the types of corruption that result from it.
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.