What is the established order of priority for guardianship among paternal relatives after the immediate male descendants (sons and grandsons)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Guardianship follows the order of inheritance by male-line support ('Ta'seeb'). The most deserving heir is the most deserving guardian. After the father's line (sons and their descendants), the priority proceeds to the father's brothers (uncles) and their descendants, then to the paternal grandfather's line, and so forth. The closest relative to the father has precedence over relatives whose connection is through a higher ancestor, regardless of how far down the line the closer relative descends. The principle for this arrangement is that guardianship is founded upon consideration and compassion, which is indicated by kinship, making the closest relative the most compassionate.
Supporting text
The lineage order established is: Sons and their descendants (descending), then brothers (sons of the father), then their descendants, then paternal uncles (sons of the paternal grandfather), then their descendants, then the descendants of the father's grandfather, and so on.