Marriage by Shighar: Its Ruling and How to Rectify It for Those Who Have Entered Into It
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Our brother has another question. He says: My brother has a daughter who is agreeable, as he says, and I have a son. I went to my brother to ask for his daughter’s hand for my son, and my brother agreed to the marriage. I married my daughter to his son, and my brother stipulated a mahr of six thousand riyals for his daughter for my son, and I stipulated a mahr of seven thousand riyals for my daughter for my brother’s son. The marriage was completed between the two parties. Please inform us, may Allah reward you with good, is the marriage valid, or must the daughters be divorced?
Answer: If this occurred between you on the basis of a condition, where each of you says, “Marry me and I will marry you,” and you agreed upon this, this is the marriage that the Prophet (peace and blessings be upon him) forbade and called: marriage by shighar. This is not permissible; rather, the marriage is defective. Each of you must renew the marriage for his son, each renewing it without the condition of the other woman. There is no need for divorce. However, if each woman desires her husband and he desires her, he renews the marriage from her father to her husband in the presence of two witnesses, and that is sufficient. There is no need for divorce.
As for if this occurred from you without a condition, but each of you proposed to the other without a condition, there is no blame in that, and the marriage is valid, praise be to Allah. The only reprehensible thing is for there to be a condition, where each one says, “Marry me and I will marry you,” or says, “If you marry my son, I will marry my daughter to your son.” The meaning is: it is done through mutual conditions and agreement and collusion. This is what is not permissible.
As for if each one proposed to the other without a condition, there is nothing wrong with this. One should be mindful of this matter. And if it was done through mutual conditions, it is obligatory to renew the marriage. Each daughter’s marriage is renewed if she desires her husband and he desires her. The marriage is renewed from her guardian to her husband in the presence of two witnesses, without the condition of the other woman. Yes.
As for if she does not desire him or he does not desire her, he divorces her with one divorce and does not remain with her. Yes.
Answer: If this occurred between you on the basis of a condition, where each of you says, “Marry me and I will marry you,” and you agreed upon this, this is the marriage that the Prophet (peace and blessings be upon him) forbade and called: marriage by shighar. This is not permissible; rather, the marriage is defective. Each of you must renew the marriage for his son, each renewing it without the condition of the other woman. There is no need for divorce. However, if each woman desires her husband and he desires her, he renews the marriage from her father to her husband in the presence of two witnesses, and that is sufficient. There is no need for divorce.
As for if this occurred from you without a condition, but each of you proposed to the other without a condition, there is no blame in that, and the marriage is valid, praise be to Allah. The only reprehensible thing is for there to be a condition, where each one says, “Marry me and I will marry you,” or says, “If you marry my son, I will marry my daughter to your son.” The meaning is: it is done through mutual conditions and agreement and collusion. This is what is not permissible.
As for if each one proposed to the other without a condition, there is nothing wrong with this. One should be mindful of this matter. And if it was done through mutual conditions, it is obligatory to renew the marriage. Each daughter’s marriage is renewed if she desires her husband and he desires her. The marriage is renewed from her guardian to her husband in the presence of two witnesses, without the condition of the other woman. Yes.
As for if she does not desire him or he does not desire her, he divorces her with one divorce and does not remain with her. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.