Nikaah-s-Shighaar (Exchange Marriage)

By Abdussalam AbdulFattah

A shighaar (quid pro quo) marriage is when it is stipulated that each man will marry the daughter, sister or ward of the other, whether there is any mahr or not. Some scholars regarded it as an invalid marriage which cannot be gone ahead with.  For instance, if a man gives his ward in marriage to a man on the basis that the other will give his ward to him in marriage; this is the shighaar marriage which was forbidden by the Prophet (peace and blessings of Allah be upon him). This is what some people call an “exchange” marriage, and it is an invalid marriage, whether a dowry is given or not and whether there is mutual consent or not. Fataawa al-Lajnah al-Daa’imah (18/427): It was narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allah (peace and blessings of Allah be upon him) forbade shighaar. Narrated by al-Bukhaari (5112) and Muslim (1415).

The Sunah of the prophet is that marriage should start with consent and be entered into by choice because if marriage is not done with consent then it is usually doomed to failure. This is an essential step in Nikkah, to such an extent that the Prophet PBUH, said: “A virgin should not be married off until her permission has been sought.” Narrated: by al-Bukhaari (5136) and Muslim (1419).

In another narration, by Abu Dawood (2075) and others from ‘Abd al-Rahmaan ibn Hormuz, that al-‘Abbaas ibn ‘Abd-Allaah ibn ‘Abbaas gave his daughter in marriage to ‘Abd al-Rahmaan ibn al-Hakam, and ‘Abd al-Rahmaan gave his daughter in marriage to him, and they both gave dowries. Mu’aawiyah ibn Abi Sufyaan wrote to Marwaan ibn al-Hakam telling him to separate them, and he said in his letter: This is shighaar which was forbidden by the Messenger of Allah.

Another evidence of the prohibition of shighaar is found in this narration. What do you think if someone says “Marry your daughter to me for one hundred dinars on the basis that I will marry my daughter to you for one hundred dinars”? Malik disliked that and regarded it as a kind of shighaar. al-Mudawwanah (2/98).

Allah has honoured man with reason and He has given him free will to choose that to which his religion, reason and character make him inclined, so that he may rise above the promptings of whims and desires of the shaytaan. Thus it is clear from evidences here that nikaah al-shighaar is forbidden in Islam as well as being reprehensible in social and psychological terms.  But if one man proposes marriage to the ward of another man, and the other proposes marriage to the ward of the first, without any stipulation, and the marriages are done with the consent of both women and all the other conditions of marriage are met, then there is no dispute concerning that, and in that case, it is not a shighaar marriage.

We ask Allah to guide us and He knows best.

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