What is the order of priority for guardianship over a woman when her father is deceased, considering the son, grandfather, and brother?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the father is deceased, the son, even if in the lowest degree of descent, has the primary right to guardianship over the woman compared to the grandfather and all other male relatives, except the father himself. This is the position of Al-Shafi'i. The strongest opinion regarding the grandfather's status is that he takes precedence over all relatives except the father because he possesses the lineage and the right of male-line support ('Ta'seeb'), similar to the father. The grandfather's precedence extends over the son and brother because the son and brother can be charged with cutting off her wealth if they steal it, whereas the grandfather cannot. Additionally, the grandfather is only eliminated from inheritance by the father, while the brother is eliminated by the father, the son, and the son's son. When financial means are scarce and both a grandfather and a brother exist, only the brother is excluded, thus necessitating the grandfather's precedence over the brother and all other male relatives except the father. The nearest grandfather in relation is the most deserving of guardianship.
Supporting text
There is a report from Ahmad where the son is preferred over the grandfather, aligning with Malik's view. Another report from Ahmad suggests the brother is preferred over the grandfather because the grandfather derives his relation through the father, while the brother derives his through direct progeny, which is prioritized. A third view from Ahmad suggests the grandfather and brother are equal because they share the same inheritance status via male-line support and proximity of kinship, similar to two brothers.