Is the grandfather entitled to guardianship (Wilayah) over his son's son?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The view held by Abu Hanifa and Al-Shafi'i maintains that the paternal grandfather possesses guardianship over his son's descendants (even lower in line) because he is related by direct lineage (wiladah) and is a residuary heir (ta'sib), thus resembling the father in status. The main evidence for this rests on analogy with the father's status.
Supporting text
The preferred view argues against the grandfather's status being equivalent to the father's because the grandfather is connected through an intermediary, resembling an uncle or brother, whereas the father is connected directly, and the father's status overrides the grandfather's in inheritance and blocking him from inheritance. Therefore, equating them is incorrect. Furthermore, women are not entitled to guardianship because they lack authority over marriage, implying they cannot manage the property of others, akin to a slave, and because they lack judicial authority (wilayat al-qada).