Al-Imaam
Ibn Baaz رحمه
الله was asked the following
Question:
The
Question: I am interested to get married to my female cousin and she too is interested whilst on the other hand my male cousin is interested
to get married to my sister and likewise the same for her. This is based
upon the fact that the guardians of each family are pleased with it, (I mean both parents).
The point is that all members from both sides are completely pleased with it
and there are no conditions between us. Also, we acknowledge that the
marriage of "Shighâr" is haraam. However, what we
request from you O' Noble Sheikh, (may Allaah preserve you), is that you
direct us to a safe and upright way (in performing the marriage), in order that
the marriage be valid, so that we will be safe from falling into the marriage
of "Shighâr" and from falling into sin and unlawful acts. Also, is it necessary that each one of the spouses gives more (dowry) than the other?
The Answer: In The Name of Allaah,
The Most Beneficent, The Most Merciful, All praise is due to Allaah and
may the peace and blessings of Allaah be upon the Messenger of Allaah and upon
his family, his companions and upon those who follow his guidance.
The marriage of "Shighâr"
is as he mentioned that it is NOT permissible whereas
the Prophet صلّى اللَّهُ عليه وسلّم,
prohibited it. And it (i.e. the marriage of "Shighâr") is to
say to another "marry me off your daughter and I will marry you off my
daughter" or "marry me off your sister and I will marry you
off my sister" or of that sort. This is considered the marriage of "Shighâr"
as it is upon preset conditions from both sides.
If it occurs without preset conditions from
both sides (while they are all pleased with it) and there are NO PRESET
CONDITIONS,
whereas this one is pleased and the other is pleased and the woman is pleased then it is okay and this is not considered "Shighâr".
It is so, because "Shighâr" is to have preset conditions
between them that is: 'I do not marry you off up until you marry me off'
and as for if each one of them is interested in the marriage of the other even
if the other one doesn't get married whereas he marries his sister to him and
the other didn't marry the other to his sister. Likewise, pertaining to the
daughters, being that they made an agreement without any preset conditions
whereas he marries his sister to him and the other marries him to his sister or
his daughter while both sides are pleased with it and this is not considered "Shighâr"
and it doesn't matter if they aren't equal (in the dowry given). So, whether the
dowries are the same or not, it doesn't harm (i.e. the contract of the
marriage)."
Translated by AbuFajr AbdulFattaah bin Uthman
(Edited by Umm Hasna for clarity!)
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