Preference among guardians of equal degree (e.g., brothers or cousins) in contracting marriage.
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the guardians are of equal degree, such as brothers or their sons, or uncles and their sons, the eldest and most virtuous among them should be preferred. This is based on the Prophet's command, 'Let the elder speak' ('Kabbir kabbir'), when 'Abd al-Rahman ibn Sahl, the youngest, attempted to speak before his older relatives, leading to Huwayṣah speaking first. If they contend and do not agree on the elder, a drawing of lots (qur'a) should be performed between them because their rights are equal in kinship, paralleling the Prophet's practice of casting lots among his wives when preparing for travel.
Supporting text
If one guardian, even the junior one for whom the lot would not have fallen, proceeds first to marry the woman to a suitable match with her permission, the marriage is valid because it originates from a guardian with full authority and the permission of the woman, similar to when a guardian acts alone. The drawing of lots is only to resolve contention.