❀ Does Giving Another Relation in Marriage Make It Nikāḥ Shighār? ❀
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?
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 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.
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
❖ 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
