How is precedence determined when one paternal cousin has a maternal uncle relationship (Khāl) compared to another?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There are two views derived from the principle of Ibn Mas'ud regarding precedence based on maternal kinship (Khūlūta). The first view states that precedence is not given based on this relationship. The second view grants precedence to the cousin who is also a maternal uncle over a paternal cousin descended only from the father (Ibn 'Amm min Ab), because the first is a son of both the grandfather and grandmother, while the other is only a son of the grandfather.
Supporting text
If the other paternal uncle is descended from both parents (min Abawayn), the estate is divided equally between the two cousins because each one connects through a grandmother, making them both sons of the grandfather.