Giving Mother, Daughter, or Sister in Exchange for Money, Marriage by Compensation, and the Ruling on Taking the Unborn Child
Source: Fatāwā Rāshidiyyah, p. 451
❀ Question
The scholars of Islam were asked:
Is it permissible to give a mother, daughter, or sister in exchange for money, or as compensation (ʿiwaḍ) in marriage, or to take a child from the womb?
❀ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
In brief, the ruling is as follows:
① Selling Free Men and Women
✿ Selling a free man or a free woman in exchange for money is not permissible in Sharīʿah, as they are free and cannot be made the property of anyone.
✿ The blessed Aḥādīth strictly prohibit such transactions.
✿ If anyone engages in such a practice out of worldly greed, his right of guardianship (wilāyah) is nullified.
✿ May Allah protect all Muslims from this vile and prohibited act. Āmīn!
② Ruling on Waṭah Saṭah (Exchange Marriages) and Marriage by Compensation
✿ Similarly, waṭah saṭah (exchange marriages) or ʿiwaḍ marriages are also invalid in Sharīʿah.
✿ The Messenger of Allah ﷺ said:
((لاشغارفى الإسلام))
(Ṣaḥīḥ Muslim, Kitāb al-Nikāḥ, Bāb Taḥrīm al-Nikāḥ al-Shighār wa Buṭlānih, Ḥadīth no. 3468)
③ Ruling on Taking an Unborn Child
✿ Likewise, it is not permissible to take or transact regarding an unborn child.
✿ Because something that has not yet come into existence cannot, under any circumstance, be the subject of a valid contract.
❀ Conclusion
◈ Selling women in exchange for money is ḥarām.
◈ Waṭah saṭah and ʿiwaḍ marriages are invalid.
◈ Taking an unborn child is also not permissible.
ھذا ما عندی واللہ اعلم بالصواب
