The Ruling on Marriage by Exchange (Shighar)
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This is a message we received from the questioner (Abdullah . T. Q) from Saudi Arabia. He says: I am a young man who married my cousin’s daughter with a mahr of one hundred and fifty thousand riyals. We agreed that we would marry his son, and indeed, we married his son to my sister’s daughter with the same mahr. Then he says: A misunderstanding occurred, and his uncle claimed that his daughter had reached maturity, while the other girl is about three years younger than her. So he swore by the Great Allah that he would not give me his daughter, meaning my wife. Please advise us: should I leave this marriage, or is this marriage forbidden? Please advise us, may Allah reward you.
Answer: Marriage by agreement, where this one gives his daughter to this one and this one gives his daughter to this one, or his sister’s daughter, or his sister, is called: marriage by exchange (shighar). Some people call it: marriage by exchange (badal). This is reprehensible and not permissible; it is a defective and invalid marriage that is not permissible. This is because the Messenger (peace and blessings be upon him) prohibited this. So you must not enter into this marriage. Rather, it is obligatory for you to separate from this girl. It is not permissible for you to maintain this defective marriage that contradicts the law of Allah (Mighty and Majestic).
As for the dispute between you, that is for the court. The court will look into the matter of the dispute between you. But if you reconcile and do not need the court, it is upon you to renew the marriage contract with the woman’s guardian without the condition of the other woman. Likewise, the other woman renews her marriage contract without the condition of the other woman. If the marriage is renewed without a condition, for a small or large mahr, there is nothing wrong with it. But if it is with the condition that you marry them and they marry you, this is not permissible. This is the marriage by exchange (shighar) that the Messenger (peace and blessings be upon him) prohibited and condemned (peace and blessings be upon him). As for the dispute and litigation between you, that is for the courts, and in what the courts decide lies goodness and blessing, if Allah wills.
The presenter: May Allah bless you and reward you with good.
Answer: Marriage by agreement, where this one gives his daughter to this one and this one gives his daughter to this one, or his sister’s daughter, or his sister, is called: marriage by exchange (shighar). Some people call it: marriage by exchange (badal). This is reprehensible and not permissible; it is a defective and invalid marriage that is not permissible. This is because the Messenger (peace and blessings be upon him) prohibited this. So you must not enter into this marriage. Rather, it is obligatory for you to separate from this girl. It is not permissible for you to maintain this defective marriage that contradicts the law of Allah (Mighty and Majestic).
As for the dispute between you, that is for the court. The court will look into the matter of the dispute between you. But if you reconcile and do not need the court, it is upon you to renew the marriage contract with the woman’s guardian without the condition of the other woman. Likewise, the other woman renews her marriage contract without the condition of the other woman. If the marriage is renewed without a condition, for a small or large mahr, there is nothing wrong with it. But if it is with the condition that you marry them and they marry you, this is not permissible. This is the marriage by exchange (shighar) that the Messenger (peace and blessings be upon him) prohibited and condemned (peace and blessings be upon him). As for the dispute and litigation between you, that is for the courts, and in what the courts decide lies goodness and blessing, if Allah wills.
The presenter: May Allah bless you and reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.