Back to search
The question

What makes a shighar marriage invalid: is it the condition that each man marry his ward to the other, or not naming a dowry for each woman?

Share this answer

Source: FtawySummary from Ftawy's records · added here Oct 24, 20261 min readAlso available in العربية
The answer

"Shighar" is a reciprocal marriage in which a man marries his ward (a woman under his guardianship) to another man, on condition that the other man marries his ward to him, with the private parts of each woman serving as the mahr (dowry) for the other. Scholars have differed in its definition. The Hanbalis believe that it also includes silence about the mahr or a condition to negate it.

Scholars have reached a consensus on its impermissibility, but they differed on its validity. The majority considers it void, while the Hanafis hold it to be valid, with the mahr being obligatory. The reason for its invalidity stems from the absence of a real mahr for the private parts of each spouse, and from making the private parts of one woman the mahr for the other, in addition to the contingency and suspension between the two contracts.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
72798
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy