Who has precedence in the guardianship for a woman's marriage contract among her son, son's son, and other paternal relatives?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The son has the primary right to marry off the woman, followed by his son, and so on downwards, with the nearest relative having priority. This is the view of the Ashab al-Ra'y (People of Opinion). The son's guardianship is established because he is a direct male-line relative ('Asaba') who is just and capable, giving him the authority to contract her marriage, just as her brother possesses this authority. The son takes precedence over the brother and others because he is stronger in 'Ta'seeb' and they are equal concerning the lack of an established oath of abstinence ('Ilaa''').
Supporting text
Al-Shafi'i argues that the son has no guardianship based on direct lineage unless he is a cousin, a freedman ('Mawla'), or a judge, because he is not considered kin in a way that warrants guardianship over a female relative, and his nature might repel him from marrying her. This is refuted by the report concerning Umm Salamah when the Prophet married her, where 'Umar was commanded to perform the marriage, and the argument that kinship is not the sole criterion, as evidenced by a judge or freedman acting as guardian.