The Ruling on Nikah Ash-Shighar (Al-Badal) Without Agreement

The Ruling on Nikah Ash-Shighar (Al-Badal) Without Agreement


Question :

I have read your Eminence's answer to a question regarding the ruling on Nikah Ash-Shighar. O Eminent Shaikh! Ten years ago, I married a young woman who was under the guardianship of her full brother, with a dowry amounting to 4,500 Riyals, in addition to some other conditions, such as gold, silver and other things.

I married him to my daughter with a dowry amounting to 4,000 Rivals, in addition to some other conditions, such as gold, silver and other things, but I did not intend the marriage to be an exchange (Badal); as for him, I do not know what his intention was. Now all praise and thanks be to Allah He has blessed me with sons and daughters and he (i.e., the other man) likewise. But when I read Your Eminence's reply, I fell into doubt and I fear punishment from Allah, Most High. I request you to advise me and may Allah reward you with goodness.


Answer:

If the situation is as you have described and there was no mutual condition agreed upon between you and your wife's full brother that you would marry him (to your daughter) and he would marry you (to his sister), then there is no sin in this, and it is not Nikah Ash-Shighar. May Allah grant success to all in attaining that which pleases Him and brings peace.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 417-418

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