Is it permissible for a woman to request a divorce if her husband is older than her?
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Question:
May Allah reward you and bless you. This sister, Umm Dim, says: Shaykh, is it permissible for a woman to request a divorce from her husband after one month of marriage because he is older than her and because she cannot bear him? Does she, Honorable Shaykh, commit a sin if she requests a divorce from him?
Answer:
It is not permissible for a woman to request a divorce except for a valid, legally recognized excuse that justifies it for her. In the hadith,Musannaf Ibn Abi Shaybah 8:1348 This is a severe warning, so she should not request a divorce except for a legal justification. Age is not an excuse, even if he is older than her. He may be better than her in his religion, his intellect, and his manliness, and remaining with him may be in her best interest. The Prophet (peace and blessings be upon him) married Aisha, the Mother of the Believers, when he was over forty years old, and he contracted the marriage when she was six years old and consummated it when she was nine years old. He is the model for the world and the model for Muslims, so there is no harm in marrying an older man as long as he is sound in his religion and trustworthy. The Prophet (peace and blessings be upon him) said, "When there comes to you one whose religion and trustworthiness you are pleased with, marry her to him." He did not specify an age for the woman or the man. He did not set an age limit for that. This idea came to us from the West and from the Muslim journalists who promote this idea. May Allah guide them.
Therefore, it is obligatory to abandon this doubtful matter. There is no harm in the marriage of older men and older women, as long as the conditions for marriage are met in them. And praise be to Allah. And it is in a woman's best interest to marry a righteous husband, even if he is old, and even if he has several wives within the limits of what is prescribed. This is in her benefit, and she will not remain a spinster.
May Allah reward you and bless you. This sister, Umm Dim, says: Shaykh, is it permissible for a woman to request a divorce from her husband after one month of marriage because he is older than her and because she cannot bear him? Does she, Honorable Shaykh, commit a sin if she requests a divorce from him?
Answer:
It is not permissible for a woman to request a divorce except for a valid, legally recognized excuse that justifies it for her. In the hadith,
The authentic hadith states: "Any woman who asks her husband for a divorce without a valid reason, the fragrance of Paradise is forbidden to her."
الصحيح أيما امرأة سألت زوجها الطلاق من غير ما بأس فحرام عليها رائحة الجنةTherefore, it is obligatory to abandon this doubtful matter. There is no harm in the marriage of older men and older women, as long as the conditions for marriage are met in them. And praise be to Allah. And it is in a woman's best interest to marry a righteous husband, even if he is old, and even if he has several wives within the limits of what is prescribed. This is in her benefit, and she will not remain a spinster.
Source
قناة «العلامة الدكتور صالح الفوزان»، 6828- هل يجوز للمرأة طلب الطلاق إذا كان زوجها أكبر منها سناً ؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
