The ruling on shighar marriage and how to deal with it for those who have engaged in it
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Question:
Our brother asks about shighar marriage and says: It is known to us by the name of al-Zaqar.
The Shaykh: Al-Zaqar!
The presenter: Yes. He says: If someone has engaged in it, and seven years have passed since his marriage, and he has had sons and daughters, how should he proceed?
Answer:
Shighar marriage—and some people call it "exchange marriage"—this marriage is known by its names as the condition of a woman for a woman, where one of the guardians conditions the other woman, and the other does the same. Each one says: "Marry me your daughter, and I will marry you my daughter," or "your sister, and I will marry you my sister," or something similar. The Prophet (peace and blessings be upon him) prohibited this in authentic hadiths: "He prohibited shighar." This is in the two Sahihs from the hadith of Ibn 'Umar, and in Sahih Muslim from the hadith of Abu Hurayrah, and from the hadith of Jabir. The Prophet (peace and blessings be upon him) said:. This is shighar. If it occurs, the correct view is that it is defective.
It is obligatory to renew the marriage if there is desire between them. He renews it without the condition of the second woman. Each one renews it without the condition of the second woman, even if years have passed. He renews the marriage in the presence of two witnesses, with a new mahr, without conditioning the other woman on him. And so the other one; each one renews it if she desires her husband and he desires her. However, if one of them does not desire the other, he divorces her with one divorce; because this marriage is defective, so one divorce is necessary to prevent one from being attached to the other, and she can use it as proof when she marries someone else after her waiting period. Yes.
The presenter: May Allah bless you.
Our brother asks about shighar marriage and says: It is known to us by the name of al-Zaqar.
The Shaykh: Al-Zaqar!
The presenter: Yes. He says: If someone has engaged in it, and seven years have passed since his marriage, and he has had sons and daughters, how should he proceed?
Answer:
Shighar marriage—and some people call it "exchange marriage"—this marriage is known by its names as the condition of a woman for a woman, where one of the guardians conditions the other woman, and the other does the same. Each one says: "Marry me your daughter, and I will marry you my daughter," or "your sister, and I will marry you my sister," or something similar. The Prophet (peace and blessings be upon him) prohibited this in authentic hadiths: "He prohibited shighar." This is in the two Sahihs from the hadith of Ibn 'Umar, and in Sahih Muslim from the hadith of Abu Hurayrah, and from the hadith of Jabir. The Prophet (peace and blessings be upon him) said:
Shighar is when a man says: "Marry me your daughter, and I will marry you my daughter," or "Marry me your sister, and I will marry you my sister."
الشغار أن يقول الرجل: زوجني ابنتك وأزوجك بنتي، أو زوجني أختك وأزوجك أختيIt is obligatory to renew the marriage if there is desire between them. He renews it without the condition of the second woman. Each one renews it without the condition of the second woman, even if years have passed. He renews the marriage in the presence of two witnesses, with a new mahr, without conditioning the other woman on him. And so the other one; each one renews it if she desires her husband and he desires her. However, if one of them does not desire the other, he divorces her with one divorce; because this marriage is defective, so one divorce is necessary to prevent one from being attached to the other, and she can use it as proof when she marries someone else after her waiting period. Yes.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.