What is the legal ruling on Shighar marriage (a marriage where each party gives his female relative in marriage to the other in exchange for the other giving his female relative in marriage, with no specified dowry)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The marriage contract known as Shighar is void (fasid). This is the established position narrated from Ahmad, and it is the opinion of Malik, Shafi'i, and Ishaq. The evidence for this ruling is the explicit prohibition found in the authenticated Hadith reported by Ibn Umar, where the Messenger of Allah, peace be upon him, forbade Shighar. Furthermore, this arrangement constitutes one contract being a loan (*salf*) contingent upon the other, which invalidates both, similar to bartering one garment for another based on a future exchange.
Supporting text
A view exists, attributed to 'Ata, 'Amr ibn Dinar, Makhul, Zuhri, and Thawri, that the contract is valid, but the specified dowry is voided, requiring instead the dowry of the peer (*mahr al-mithl*). They argue that the invalidity stems only from the dowry condition, not the contract itself, analogous to marrying in exchange for wine or pork.