marriage whose prohibition is disputed admits of legally effective divorce and mutual inheritance both before and after consummation, even if annulment is imposed upon both spouses before and after consummation. This is the view stated by Ibn al-Qāsim on the basis of a report that had reached him.

As for khulʿ (divorce in return for compensation), according to Ibn al-Qāsim it follows the rules governing divorce and is subject to the same differences of opinion. Wherever divorce takes legal effect, khulʿ is binding; wherever divorce does not take legal effect, khulʿ is set aside, and the woman must reclaim from her husband whatever she paid him for it. According to Ibn al-Mājishūn, it is upheld in every valid marriage in which the woman has no option of annulment, even if that option belongs to the husband or to someone other than the spouses. If, however, the marriage cannot be upheld under any circumstances, or the woman has the option of annulment, khulʿ is set aside, and she is entitled to recover from her husband whatever she paid him for it. Muhammad ibn al-Mawwāz held that khulʿ is upheld in every marriage in which either spouse has the option of annulment—meaning also where that option belongs to someone else. According to his view, therefore, khulʿ is set aside only in a marriage that cannot be upheld under any circumstances and in which separation is imposed upon both spouses. Bear in mind, then, that there are three opinions on this question. Success comes from Allah, glorified and exalted is He.

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The well-known position within the school is that marriage impediments arising from affinity are established by every marriage whose prohibition is not agreed upon. Ibn Habīb applied to these impediments the same rules as those governing divorce and inheritance, and transmitted the same view from Ibn al-Qāsim. Success comes from Allah, glorified and exalted is He.

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On the Derivation of the Word Shighār

Shighār is derived from the expression shaghara al-kalb, used when a dog raises one of its legs to urinate. This, they claim, occurs only when it passes from immaturity to a stage at which it can seek to mount a female to reproduce; they regard it as a sign of its desire to do so. Hence the expression used of a woman, shاغharat al-marʾah, tashgharu shaghran, meaning that she raises her legs for intercourse. This is why it is called shighār marriage: each of the two spouses raises their legs during intercourse. In the pre-Islamic era, a man would say to another, “Shāghirnī,” meaning, “Marry your daughter to me on condition that I marry my sister to you, without a dower,” with this meaning in mind. It has also been said that it was called shighār because each man waived the dower that the other would otherwise owe. Shaghr originally refers to the action of a dog,