❀ The Reality of Shighār in Islamic Sharīʿah and the Ruling on Exchange (Watta Satta) Marriages ❀
Source: Fatāwā Rāshidiyyah, Page 440
Question
In Islamic Sharīʿah, what is shighār? If a dowry (mahr) is stipulated in an exchange marriage, does it still fall under the category of shighār?
✔ Answer
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Our research indicates that the definition of shighār is marriage exchange without dowry.
- If a dowry is stipulated on both sides, then such an exchange or watta satta marriage does not entail prohibition or invalidity.
- It also does not fall under the prohibition of shighār.
◈ Evidence from the Ḥadīth of ʿAbdullāh ibn ʿUmar رضي الله عنهما
Narrated in Abū Dāwūd and others:
((قلت لنافع ما الشغار قال ينكح إبنة الرجل وينكحه بنته بغير صداق وينكح أخت الرجل فينكحه أخته بغير صداق.))
(Sunan Abī Dāwūd with ʿAwn al-Maʿbūd, Multān edition, Vol. 2, p. 187)
Nafiʿ رحمه الله explained: “Shighār is when a man marries his daughter to another man, and that man marries his daughter to him, without dowry. Or a man marries his sister to another man, and he marries his sister to him, without dowry.”
◈ Further Support from the Ḥadīth of Ubayy ibn Kaʿb رضي الله عنه
((لا شغار قالوا يا رسول الله وما الشغار قال نكاح المرأة بالمرأة لا صداق بينهما.))
The Messenger of Allah ﷺ said: “There is no shighār in Islam.” The Companions asked: “What is shighār?” He ﷺ replied: “It is the marriage of one woman in exchange for another, with no dowry between them.”
Though the isnād of this narration is weak, it is valid for tafsīr and is supported by authentic reports from Nafiʿ and Imām Mālik رحمهما الله.
◈ Clarification of the Ḥadīth Regarding Muʿāwiyah رضي الله عنه
Some cite the ḥadīth about Muʿāwiyah رضي الله عنه as evidence for prohibition even with dowry. However, correct analysis shows otherwise:
- ʿAbbās ibn ʿAbdullāh ibn ʿAbbās married his sister to ʿAbd al-Raḥmān ibn al-Ḥakam, and he married his sister to ʿAbbās ibn ʿAbdullāh.
- It is reported: “وكانا جعلا صداقا” — they made the marriages themselves the dowry.
Thus, they did not stipulate a separate dowry; rather, the marriages were used as dowry. For this reason, Muʿāwiyah رضي الله عنه commanded separation, in accordance with the Prophet’s ﷺ prohibition of shighār.
◈ Misconceptions About Corruption (Mafāsid)
Some argue that watta satta marriages lead to corruption. However:
- Such problems stem from ignorance and misuse, not from the Sharīʿah ruling itself.
- Even in normal marriages, people sometimes oppress women, delay giving them away, or impose un-Islamic conditions.
- Therefore, the possibility of corruption is not a valid reason to prohibit exchange marriages with mahr.
Conclusion of Research
◈ Shighār is only when marriages are exchanged without dowry.
◈ If watta satta marriage is conducted with stipulated mahr, it is valid and free from prohibition.
◈ Using ignorance-based corrupt practices as a reason to prohibit it is incorrect.
Hadhā mā ʿindī, wallāhu aʿlam bis-ṣawāb.
