Shar’i Ruling on Exchange Marriages and Selling Women

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
 
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