Shighar (Exchange) Marriage

Question

A man named Ubban married a widow named Bakhtawar on the condition that for Bakhtawar’s minor son named Nur Muhammad “an arm would be attached” (i.e. a match would be found). Accordingly, Ubban, having accepted this condition, asked Wali Muhammad — the father of his minor niece (his sister’s daughter) named Wajidal — and had the nikah of Nur Muhammad performed with the minor Wajidal under the guardianship (wilaya) of her father Wali Muhammad, and had his own nikah performed with the said Bakhtawar.

Answer

(1) Wajidal’s first nikah with Nur Muhammad took place validly and effectively according to the Shari‘a. Entry in the register is not necessary according to the Shari‘a; the testimony of those who were present at the nikah gathering suffices.

Source: Fatawa Mahmudiyya

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