Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
Shighar:
Its literal meaning is "to raise."
It is said:
"Shaghara al-kalbu":
The dog raised its leg to urinate.
Thus, the meaning of shighar marriage is:
"You can marry my daughter on the condition that you give me your daughter in marriage."
Without this, you cannot benefit from marrying my daughter.
In our custom, this is called "watta satta" marriage (exchange marriage).
Benefits and Issues:
Watta satta (exchange) marriage is unanimously prohibited.
However, there is a difference of opinion regarding whether, if such a marriage takes place, it is invalid or not.
According to Imam Shafi'i rahimahullah
and Imam Ahmad rahimahullah, it will be invalid.
According to Imam Malik rahimahullah, if marital relations have not been established, it is invalid, but if relations have already been established, then it is not invalid.
The correct view appears to be that if one is aware of its impermissibility, then it will be invalid; but if it is discovered after the marriage, then the circumstances and conditions should be considered.
If annulling the marriage would lead to greater harm and corruption, then the condition should be rendered void and the marriage maintained.
Rendering the condition void means that if, for some reason, one relationship does not work out, then the other should not be divorced without cause; or if one husband, for some reason, admonishes or rebukes his wife, then the other should not vent his anger on his own wife without reason; or they should not both go back to their parental homes in opposition to each other. However, according to the Hanafis, since the reason for the prohibition of shighar is marrying without a dowry (mahr) and making intercourse the dowry,
therefore, if a proper dowry (mahr mithl) is stipulated, the marriage will be valid.
However, the reason for the prohibition of watta satta is the discord and corruption that results from it, which can be observed in our society.
Whether or not a dowry is stipulated makes no difference.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3471