What is the priority between a full brother (by both parents) and a brother by the father only regarding guardianship for marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There is consensus among scholars on prioritizing the full brother over the brother by the father, as the full brother is the closest male relative after the paternal ancestors (father and sons), being the son of the father and strongest in 'Ta'seeb' and right to inheritance.
Supporting text
A differing opinion suggests they are equal because both derive their connection through the father's line, the basis for male-line support ('Asaba'). The preference in inheritance due to the mother's side does not apply to guardianship because guardianship is not established through the maternal line, just as it is not established through a shared maternal line connection when considering uncles or cousins who are maternal brothers. The correct view is that the full brother takes precedence, mirroring inheritance rights, as rights based on 'Ta'seeb' prioritize the full brother.