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Ruling on Marrying a Younger Man and the Requirement of a Guardian

Question

Asalaamu aleikum,I am a 63-year old revert Muslima, divorced with grown children. I have gotten to know a pious, kindhearted, intelligent, diligent, and honest man who wants to marry me. I live in a Western country and he is an asylum seeker here. His circumstances are unclear, but I do not need financial support. However, he is 30 years younger than I. He and his family see no problem with the age difference. Is this appropriate in Islam, since he is the same age as my oldest son? Thank you!

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His Slave and Messenger.

Whether this marriage is socially suitable or likely to succeed is not within our scope at the Fatwa Center. You may contact the advisory section of our website regarding whether it is suitable. As for what falls within our scope, it is the Islamic ruling on whether it is permissible.

We state that it is Islamically permissible for you to marry this young man so long as he is Muslim. The difference in age has no effect on the validity of the marriage. What is given consideration in accepting or rejecting a proposal is the man’s religion and character.

You should also know that a marriage is not valid without a guardian (wali), whether the woman is young or old, previously married or unmarried. The presence of two Muslim witnesses is also a condition.

The woman’s guardian, in order of priority according to the view we adopt, is: her father, then her paternal grandfather, then her son, then her full brother, then her paternal half-brother, then their sons and their progeny, then her paternal uncles.

It is a condition that the guardian be Muslim. A non-Muslim guardian cannot conduct the marriage of a Muslim woman. If she has no Muslim guardian, then a Muslim judge should conduct her marriage. If there is no Islamic judiciary in the country, then a just and trustworthy Muslim man may conduct the marriage with her permission.

Allah Knows best.

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