{"fatawa":{"id":11112,"title":"This is a shighaar (quid pro quo) marriage and is not permissible ","slug":"this-is-a-shighaar-quid-pro-quo-marriage-and-is-not-permissible","order":"","question":"<p>I am a young man and I did the marriage contract with my cousin (the  daughter of my maternal aunt), but I do not love her, I love her sister.  But I was forced into that because her brother would not marry my  sister unless I married the one whom I do not love. The girl knows that I  cannot stand her, but her family insisted that she marry me. Now I do  not know what I should do.<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.\r\n<p>Allaah has honoured man with reason and He has given him free      will to choose that to which his religion, reason and character make him      inclined, so that he may rise above the promptings of whims and desires and      of the shaytaan. So the one who has been honoured in this way should not be      heedless and respond to the desires of those who are around him and their      hateful customs. &nbsp;<\/p>\r\n<p>In the Sunnah there is a prohibition on the kind of marriage      that you have entered into, which is called nikaah al-shighaar (quid pro quo      marriage).&nbsp;<\/p>\r\n<p>It was narrated from Ibn &lsquo;Umar (may Allaah be pleased with      him) that the Messenger of Allaah  (peace and blessings of Allaah be      upon him) forbade shighaar. Narrated by al-Bukhaari (5112) and Muslim      (1415).&nbsp;<\/p>\r\n<p>A shighaar (quid pro quo) marriage is when it is stipulated      that each man will marry the daughter, sister or ward of the other, whether      there is any mahr or not.&nbsp;<\/p>\r\n<p>It says in <em>al-Mudawwanah<\/em> (2\/98):&nbsp;<\/p>\r\n<p>What do you think if someone says &ldquo;Marry your daughter to me      for one hundred dinars on the basis that I will marry my daughter to you for      one hundred dinars&rdquo;? Malik disliked that and regarded it as a kind of      shighaar.&nbsp;<\/p>\r\n<p>This is also indicated by the report narrated by Abu Dawood      (2075) and others from &lsquo;Abd al-Rahmaan ibn Hormuz, that al-&lsquo;Abbaas ibn      &lsquo;Abd-Allaah ibn &lsquo;Abbaas gave his daughter in marriage to &lsquo;Abd al-Rahmaan ibn      al-Hakam, and &lsquo;Abd al-Rahmaan gave his daughter in marriage to him, and they      both gave dowries. Mu&rsquo;aawiyah ibn Abi Sufyaan wrote to Marwaan ibn al-Hakam      telling him to separate them, and he said in his letter: This is shighaar      which was forbidden by the Messenger of Allaah  (peace and blessings of      Allaah be upon him).&nbsp;<\/p>\r\n<p>Some of the scholars regarded shighaar as an invalid marriage      which cannot be gone ahead with.&nbsp;<\/p>\r\n<p>It says in <em>Fataawa al-Lajnah al-Daa&rsquo;imah<\/em> (18\/427):&nbsp;<\/p>\r\n<p>If a man gives his ward in marriage to a man on the basis      that the other will give his ward to him in marriage, this is the shighaar      marriage which was forbidden by the Prophet  (peace and blessings of      Allaah be upon him). This is what some people call an &ldquo;exchange&rdquo; marriage,      and it is an invalid marriage, whether a dowry is given or not, and whether      there is mutual consent or not.&nbsp;<\/p>\r\n<p>But if one man proposes marriage to the ward of another man,      and the other proposes marriage to the ward of the first, without any      stipulation, and the marriages are done with the consent of both women and      all the other conditions of marriage are met, then there is no dispute      concerning that, and in that case it is not a shighaar marriage. End quote.&nbsp;<\/p>\r\n<p>See also the answer to question no.      <a href=\"http:\/\/islamqa.info\/en\/11515\">11515<\/a>.&nbsp;<\/p>\r\n<p>Thus it is clear that you have done something that is      forbidden in Islam as well as being reprehensible in social and      psychological terms.&nbsp;<\/p>\r\n<p>That is because marriage should start with consent and be      entered into by choice. Islam is keen to ensure the consent of both parties,      to such an extent that the Prophet  (peace and blessings of Allaah be      upon him) said: &ldquo;A virgin should not be married off until her permission has      been sought.&rdquo; Narrated by al-Bukhaari (5136) and Muslim (1419).&nbsp;<\/p>\r\n<p>If marriage is not done with consent then it is usually      doomed to failure, so how about if the husband dislikes his wife as is the      case here?&nbsp;<\/p>\r\n<p>Even more serious than this is the fact that you love the      sister of the one with whom you have done the marriage contract. Your      dislike of the one with whom you did the marriage contract and your love for      her sister means that your nafs (self) will call you to consider haraam      things, and the shaytaan will find a great opportunity to make sin appealing      to you. It will also deprive you of happiness in your marriage and      contentment and love between you and your wife.&nbsp;<\/p>\r\n<p>The reason for that is going against the laws of Allaah and      entering into a shighaar marriage.&nbsp;<\/p>\r\n<p>Our advice to you is not to go ahead with this marriage and      not to respond to any attempt to make excuses. You should explain to your      sister&rsquo;s husband that connecting one marriage contract to the other is      haraam, and renders both contracts invalid. He should keep his wife, but at      the same time he should do the marriage contract again, because the contract      is invalid due to the shighaar. If he refuses and insists on leaving her,      then Allaah says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;But if they separate      (by divorce), Allaah will provide abundance for everyone of them from His      Bounty. And Allaah is Ever All\u2011Sufficient for His creatures&rsquo; needs, All\u2011Wise&rdquo;<\/em><\/p>\r\n<p><em>[al-Nisa&rsquo; 4:130]<\/em>&nbsp;<\/p>\r\n<p>I remind you to fear Allaah and urge you not to transgress      His sacred limits by trying to get in touch with that girl whom you love. If      you cannot marry her in a proper manner, then you have to cut off all ties      with her completely.&nbsp;<\/p>\r\n<p>We ask Allaah to guide you.&nbsp;<\/p>\r\n<p>And Allaah knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-04-12T20:51:59.000000Z","updated_at":"2015-04-12T20:51:59.000000Z","language_id":1,"fatawacate_id":43,"parent_id":11111,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0627\u0644\u0623\u0646\u0643\u062d\u0629 \u0627\u0644\u0628\u0627\u0637\u0644\u0629","category_slug":"","get_date":"2015-04-12"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/www.islamland.com\/eng\/api\/fatawas\/11112"}