Who has precedence between the maternal grandmother and the paternal grandmother in guardianship (Hadanah)?
Chapter on Who is More Entitled to Child Custody
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The maternal grandmother is prioritized over the paternal grandmother, even if the paternal grandmother is further up in lineage. This is because the maternal line involves direct female procreation, which takes precedence over the paternal line, similar to the mother's precedence over the father. Ahmad holds the contrary view that the paternal grandmother is more deserving, basing this on prioritizing the paternal aunt over the maternal aunt.
Supporting text
The opinion favoring the paternal grandmother is supported by analogy, as the paternal aunt (father's mother's sister) is preferred over the maternal aunt (mother's mother's sister). This preference stems from the paternal relation deriving through a collateral male relation ('asabah), mirroring the preference of the paternal half-sibling over the maternal half-sibling, provided the mother's precedence over the father is based on her being the female directly bearing the child.