The Ruling on Nikah Ash-Shighar

Question :

A man gave his daughter in marriage to another person, in exchange for marrying his daughter or his sister, and neither of them paid even a symbolic dowry to the woman. Is. it permissible to give a woman in return for the other, or must a symbolic dowry (at least) be paid to the two?

Answer:

It is not permissible for anyone to give his daughter or his sister or anyone under his care in marriage, on the understanding that the other will marry his son or another to his daughter or his sister or any other in his care. The Messenger forbade that, and he called it Ash-Shighar, and some of the people call it Nikah Al-Badal, whether or not dowry was designated. The Messenger forbade this marriage, calling it Ash-Shighar and he explained it saying: That a man gives his daughter or his sister in marriage on the understanding that the other give his daughter or his sister to him in marriage.

He did not mention the dowry, which proves that the prohibition is general for both situations, and this is the more correct of the two opinions held by the scholars. In (Imam Ahmad's) Al-Musnad and in the Sunan of Abu Dawud with a good (Jayyid) chain of narration, it is reported on the authority of Mu'awiyah, may Allah be pleased with him, that the Governor of Al-Madinah wrote to him: "Two men married by Ash-Shighar and they designated a dowry." So Mu'awiyah, may Allah be pleased with him, wrote to his Governor in Al-Madinah. and ordered him to separate them, saying: "This is Ash-Shigar which was forbidden by the Prophet SAW.

This condition leads the guardians to treat the women in their care unjustly, forcing them to marry those whom they dislike, and using them as commodities which can be disposed of according to their own desire, as happens to those who do this, except those whom Allah wills..

As for what was mentioned in the Hadith of Ibn 'Umar, may Allah be pleased with him, regarding the explanation of Ash- Shighar, that it is when a man gives his daughter in marriage on the understanding that the other marries him to his daughter, and there is no dowry between them this is from the words of Nafi' (who narrated from Ibn 'Umar) and not from the words of the Prophet. The Prophet's explanation of Ash-Shighar takes precedence over that of Nafi'. And Allah is the Granter of success.

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