- Shighar marriage: this occurs when a guardian gives his female ward in marriage on the condition that the other man marry his ward to him, with no dowry stipulated for either woman. It is called shighar from shughūr, meaning “absence” or “vacancy,” i.e., the absence of any consideration; others say it derives from the expression shaghara al-kalb—when a dog lifts its leg to urinate—its repulsiveness likened to the repulsiveness of a dog’s urine. In this arrangement one woman is bartered for another. There is unanimous agreement on its prohibition; it is invalid and the parties must be separated, whether the absence of a dowry is explicitly stated or merely implied. This is because of the ḥadith of Ibn ʿUmar: “The Prophet, peace and blessings be upon him, forbade shighar; shighar is when a man marries off his daughter on the condition that the other marry off his daughter to him, and neither of them receives a bridal-gift,” agreed upon.
Shaykh Taqī al-Dīn (Ibn Taymiyyah) said: “The decisive ruling is that Allah has forbidden shighar because a guardian is obliged to marry his ward to a suitable suitor, seeking her welfare, not his own desire. The dowry is her right, not his. Neither the guardian nor the father may marry her off except for her benefit, and he may not do so for his own purpose rather than hers; by such conduct he forfeits his guardianship. Whenever his aim is to exchange one woman’s private parts for another’s, he has disregarded her welfare and is comparable to one who marries her off for money that belongs to him, not to her—both are impermissible. Accordingly, if he were to stipulate a dowry merely as a ruse while his real intent is shighar, it would not be valid, as Aḥmad explicitly stated, because his objective is to marry her off in exchange for the marriage of the other. The Sacred Law makes clear that this takes place only for the guardian’s benefit, not the woman’s, whether a dowry is mentioned or not, as Muʿāwiyah and others have said, whereas Aḥmad deemed it permissible when a genuine dowry is intended.”}