❀ Does Giving Another Relation in Marriage Make It Nikāḥ Shighār? ❀
❖ Question Explanation
An Ahl-e-Ḥadīth boy has been married for three years. Recently, the boy’s family’s daughter — who was pursuing religious education — completed her studies. Now the boy’s family is considering that since they had earlier taken a bride from that household for their son, and that family also has a pious, practicing, and scholarly son, they may now give their daughter’s hand in marriage there.
The questions are:
❀ Can they give their daughter in marriage to the family from where they had earlier taken a bride?
❀ If they do so, will this marriage fall under nikāḥ shighār?
❀ Note: When the first marriage took place three years ago, no such discussion or condition was made that “if you give your daughter, we will give ours in return.”
❀ Further, if the marriage is Islamically valid but the boy’s parents oppose it, while the boy, the girl, and the girl’s parents are in agreement, what is the Sharʿī ruling?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ammā baʿd!
The situation described does not fall under nikāḥ shighār.
❀ Since no conditional discussion or agreement was made at the time of the first marriage, this cannot be categorized as shighār.
❀ Nikāḥ shighār is defined as when one person gives his daughter/sister in marriage on the condition that the other does the same, without mahr or with restricted mahr.
❀ Here, no such condition was made in the past, nor is it being imposed now. Hence, this nikāḥ is valid according to Sharīʿah.
❖ If Parents Oppose
If the parents oppose this marriage, while the boy, the girl, and the girl’s parents agree, then:
Allah ﷻ says:
﴿وَصَاحِبۡهُمَا فِي ٱلدُّنۡيَا مَعۡرُوفٗاۖ﴾
(Luqmān: 15)
“And accompany them in this world with kindness.”
❀ This verse shows that obedience to parents and good treatment are obligatory.
❀ However, if their opposition is on un-Islamic grounds, then their command is not binding.
❀ Still, kindness, respect, and good manners towards them remain obligatory at all times.
✅ Conclusion
➊ The case described does not amount to nikāḥ shighār.
➋ The marriage is Sharʿī-valid if all necessary conditions are met.
➌ Parents’ opposition on non-Sharʿī grounds does not invalidate the marriage, but their respect and kind treatment remain obligatory.
ھذا ما عندي والله أعلم بالصواب
