What is the ruling on the marriage of a 47-year-old man to a 37-year-old Muslim divorcee whose guardian resides in a distant country?
A woman's marriage without a guardian is invalid according to the majority of scholars, whether she is young or old, virgin or previously married. The most rightful person to give a woman in marriage is her father, then her grandfather, then her son, then her full brother, then her half-brother (from the father's side), then their sons, then the paternal uncles. No one other than her father should give the woman in marriage if he is competent for guardianship, unless he refuses to marry her off or it is impossible to reach him. If the guardian is absent, he may appoint an agent to conduct the marriage contract, provided that the agent is competent for guardianship.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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