Cautioning Against Matters in Marriage Which Contradict the Islamic Law
From: 'Abdul-'Aziz bin 'Abdullah bin Baz to whomsoever reads.
it among the Muslims may Allah grant me and them success in coming to know the truth and following it-Ameen. May the peace, blessings and mercy of Allah be upon you. As for
what follows:
The reason for this letter is to caution against matters in marriage which contradict the Islamic Law which many of the people have encountered.
Such as Nikah Ash-Shighar, which is when a man gives his daughter, his sister or any other woman in his care in marriage to another. He does this with the understanding that the other will marry him, his son or his nephew to his daughter, his sister or his niece or the like. A contract made in this manner is invalid, whether a dowry is mentioned in it or not, because the Messenger ﷺ forbade it and warned against it. And Allah, Most High has said:
"And whatsoever the Messenger ﷺ (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it)."
In the Two Sahihs, it is reported on the authority of Ibn 'Umar, may Allah be pleased with him, that the Prophet forbade Ash-Shighar.
In Sahih Muslim, it is reported on the authority of Abu Hurairah, may Allah be pleased with him, that the Messenger
ﷺ forbade Ash-Shighar, saying:
"Ash-Shighar is when a man says: "Marry me to your daughter and I will marry you to my daughter." or: "Marry me to your sister and I will marry you to my sister."
And he said:
"There is no Shighar in Islam."
These authentic Hadiths prove the prohibition of Nikah Ash- Shighar and its invalidity and that it contradicts the Law of Allah. The Prophet did not distinguish between marriage in which a dowry is fixed, and marriage in which no dowry is fixed. As for the explanation of Ash-Shighar which has been reported in the Hadith of Ibn 'Umar, may Allah be pleased with him, that it is when a man gives his daughter in marriage on the under- standing that the other will marry him to his daughter and that there is no dowry between them: The scholars have said that this explanation is the saying of Nafi', who related from Ibn 'Umar, may Allah be pleased with him, and not the saying of the Prophet. The Prophet has explained it in the Hadith of Abu Hurairah, may Allah be pleased with him, as mentioned previously. That is when a man gives his daughter or his sister in marriage on the understanding that the other will marry him to his daughter or his sister and he did not say: "... and there is no dowry between them." - which proves that fixing the dowry or not has no effect on it; it is only the condition of exchange which necessitates its invalidity.
This also leads to a great deal of corruption. Because it leads to forcing women to marry those whom they do not accept, putting the guardians' interests before those of the women. This is a great sin, and injustice towards the women who are given in such sinful contracts. Except those whom Allah wills.
Likewise, it often leads to dispute and arguments after the marriage. This is one of the punishments in this world for those who oppose the Islamic Law.
Imams Ahmad and Abu Dawud narrated with an authentic chain of narrators, on the authority of 'Abdur-Rahman bin Hurmuz; that Al-'Abbas bin 'Abdullah bin 'Abbas married 'Abdur-Rahman bin Al-Hakam to his daughter, and 'Abdur- Rahman married him to his daughter, and they had fixed a dowry. So Mu'awiyah, may Allah be pleased with him, wrote to the Governor of Al-Madinah, Marwan bin Al-Hakam, ordering him to split them up and he said in his letter: "This is the Shighar which the Messenger of Allah ﷺ prohibited."
This incident which occurred during the time of the Commander of the Faithful, Mu'awiyah, may Allah be pleased with him, explains for us the meaning of the Shighar which the Messenger ﷺ forbade in the aforementioned Hadith. And it explains that fixing the dowry does not make the marriage valid, nor does it negate the fact that it is Ash-Shighar, because Al-'Abbas bin 'Abdullah and 'Abdur-Rahman bin Al-Hakam fixed a dowry, but Mu'awiyah, may Allah be pleased with him, paid no regard to this fixing (of the dowry) and he ordered them to be parted, saying: "This is the Shighar which the Messenger of Allah
ﷺ forbade."
Mu'awiyah, may Allah be pleased with him, was more knowl- edgeable of the Arabic language and the meanings of the Hadiths of the Messenger ﷺ, than Nafi', the freed slave of Ibn 'Umar- may Allah be pleased with all of them.
Other detestable matters in marriage include forcing one's daughters, sisters or nieces to marry those whom they do not accept to marry. This is a clear sin and injustice against women. It is not permissible for a father or any other guardian to engage in it, because of the injustice to women that it includes and the fact that it contradicts the confirmed Sunnah from the Prophet prohibiting the marriage of women without their permission.
It is reported in the Two Sahihs on the authority of Abu Hurairah, may Allah be pleased with him, that the Prophet ﷺ said:
"A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be " married until her permission is sought.
They said: "O Messenger ﷺ of Allah! What form does her permission take?" He said:
"That she remains silent."
In Sahih Muslim, it is reported on the authority of Ibn 'Abbas, may Allah be pleased with him, that the Prophet ﷺ said:
"The virgin's father should ask her permission, and her permission is her silence."
The Hadiths carrying this meaning are numerous.
Exceptions from this include when a father gives a daughter who has not yet reached nine years of age in marriage to someone suitable if he considers that there is a benefit for her in that without her permission. Since she does not know what is best for her (at that age). Abu Bakr As-Siddiq's action in giving his daughter, 'A'ishah, the Mother of the Believers, to the Prophet in marriage when she was less than nine years of age is an evidence for this.
So it is obligatory upon every person who believes in Allah and the Last Day to fear Allah in all his affairs and to abstain from all that Allah and His Messenger ﷺ have forbidden in marriage and other matters. In following the Islamic Law and holding firm to the guidance of the Messenger ﷺ lies goodness in the life of this world and in the Hereafter, and eternal happiness. May Allah make us among those who hear the word and do the best deeds. And how many trials problems, cases of enmity and arguments have occurred as a result of forcing women to marry those whom they do not accept? That is a part of (the punishment) which those who oppose the purified Islamic Law and follow their own whims deserve. We ask Allah's Protection from that which opposes His Pleasure.
Another detestable matter is that which is practiced by many country people and some city people, which is preventing the uncle's daughter from marrying other than him (i.e., her cousin). This is a great evil and a practice of the Jahiliyyah and it is an act of injustice towards women. Many trials and great. evils, such as enmity, cutting of family ties, bloodshed and other things have occurred as a result of this.
Therefore, it is incumbent upon those who fear Allah to warn their relatives against it. The Messenger ﷺ has instructed us to ask women's permission and not to give them in marriage except with their acceptance. It is an obligation upon the guardians to look at what is beneficial for the women, and not to give them in marriage except to those who are suitable with regard to their religion and their character, after obtaining their (i.e., the women's) permission.
In this manner, obligations will be fulfilled and the guardians will have discharged their duties. And Allah is the One Who is Responsible for reforming the situation of the Muslims, to bless them with understanding of His religion, and making them recommend one another to obedience to Allah and His Messenger ﷺ, and reforming them and blessing them with wise counselors.
Verily, He is Able to do all things. And may peace, blessings and mercy of Allah be upon you. And may peace and blessings of Allah be upon His servant and His Messenger ﷺ, Muhammad and upon his family and Companions.
Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages from 451 to 456
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