Is it Shighar if the Waly stipulates receiving an amount of money apart from Mahr?
Q: Some people
stipulate for marrying their daughters that they should be exchanged for the daughter of the person who wants to marry them.
They do the same with regard to their sisters. The question now is: Is this considered one of the types of Shighar marriage (exchange of daughters or sisters for marriage with no mandatory gift to a bride from her groom) which is prohibited or not? Could you kindly advise us? May Allah reward you. In other words: Those people do not marry their daughter except to those who agree to let them marry their daughter or sister. Those people consider this to be a basic condition for marriage and they swear not to conclude marriage except in this way. Will this be considered Shighar or not?Secondly, when some of them can not marry according to the way mentioned above, they asks for 100,000 Riyals for themselves when someone proposes to his daughter or sister. He takes this sum for himself, other than the Mahr (mandatory gift to a bride from her groom) of the daughter and other requirements of marriage. Is this kind of marriage a sort of Shighar or not? Could you kindly advise?
the mentioned type of marriage is a kind of Shighar.
the second type of marriage in which a Waliy (a legally accountable person acting for a woman regarding marriage) asks for a special sum for himself other than the Mahr is not a kind of Shighar, however it implies hardship and greediness of the Waliy. (Part No. 18; Page No. 432) In addition, it places an obstacle to prevent marriage and this contradicts the tolerance of Islam and the high moral standard. However, if the marriage contract is concluded by this condition, the contract will be valid. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.