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What is the ruling regarding the second husband divorcing his wife after the first husband divorced her sister in a Shighar marriage, and is it permissible to rectify the contract by paying the dowry, and what is the ruling on adding a small amount to the contract to change it from a Shighar marriage?

1 min readAlso available in العربية

Divorce occurs in an invalid shighar marriage according to the majority of scholars. This is an irrevocable divorce. The divorcing husband is obligated to pay the mahr al-mithl (A customary or fair dower) if the divorce occurs after consummation or khalwa (valid seclusion). Paying money after the contract does not validate an invalid shighar marriage, unless a Sharia court rules it valid. If the mahr (dower) is named in the same contract, this is called a "form of shighar," and it is valid according to the majority of scholars, provided there is no explicit condition of exchange between the named mahr and sexual intercourse, and that a small mahr is not a trick to circumvent explicit shighar. It is advisable to avoid disputed forms of shighar to protect women's rights.

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Original fatwa ID
145645
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