He says in his letter, and he is speaking about marrying the younger sister before the older one, that the problem is that he is a man of twenty-eight years of age and there is a girl

The questioner : This letter reached us from Al-Ula, Northern Region, from the old reservoir street. The listener L M L sent it. He says in his letter, and he is speaking about marrying the younger sister before the older one, that the problem is that he is a man of twenty-eight years of age and there is a girl who is twenty-one years old, and that he desired to marry her because she is religious. He reports that she does not neglect prayer and that she adheres to religious observances. He says that is why he desired to marry her, and there is a reason for this, which is that her older sister has not married until now. When he consulted her father about giving her to him alone, he said, "Take the older one, or else there is no marriage." Her father is truly religious and diligent in prayer and other matters. I ask for information and explanation so that the girl's father will listen and marry her to me, if Allah wills. I ask for my answer?

The Shaykh : This matter that the brother questioner L M L mentioned is found among many people who consider it a disgrace for the younger girl to marry before her older sister. In fact, this opinion is the disgraceful one. It is not disgraceful to marry the younger sister before the older one; rather, it is obligatory for the girl's family, if she is proposed to and someone comes to them whose religion and character they are pleased with, to marry her to him, especially with her desire for him and her consent to it. As for their preventing this, it involves two sins: a sin against the girl who desires to marry this man, because they prevented her from what is her right, for the right of marriage belongs to the girl herself. For this reason, the Messenger of Allah (peace and blessings be upon him) said: And in a narration by Muslim, he said: And what some scholars held regarding the permissibility of marrying a virgin without her consent is weak. The correct view is that it is not permissible for a woman to be married, whether she is a virgin or a previously married woman, whether the one marrying her is her father or anyone else. It is not permissible for her to be married except with her permission and consent.

The questioner : Yes.

The Shaykh : And the Prophet (peace and blessings be upon him) specifically mentioned the virgin and specifically mentioned the father, saying: And if that is the case, and the right belongs to the woman, then it is not permissible to prevent her from this right if she is pleased with a man who is suitable in his religion and character. As for the second sin, it is against the suitor, for the Prophet (peace and blessings be upon him) commanded that he be given [the girl] if they are pleased with his religion and character. So he has the right to this giving, by the command of the Prophet (peace and blessings be upon him) to give him. If we prevent him, we have opposed the Messenger of Allah (peace and blessings be upon him) in his command and direction.
The conclusion is that it is not permissible for the father of this girl to prevent her marriage to this suitable suitor in his religion and character, with her consent to him, on the pretext that her older sister has not married. Because this pretext is not a legal barrier; it is merely a customary barrier among some people that must be eliminated. And success is from Allah.

The questioner : You have done well. May Allah reward you.