What is the rule of precedence among cousins ('Ibn Um') when one is a full cousin and the other is related only through the father?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 6 · Bab 1

Open in Qurani

Primary text

When two cousins are equal in male-line support ('Ta'seeb') and inheritance rights, they are considered equal in guardianship. If one cousin is related through both parents and the other only through the father, the cousin related through both parents takes precedence according to the view prioritizing the son of both parents.

Supporting text

There is an opinion suggesting a difference exists based on the maternal lineage, similar to the previous issue, where the maternal connection provides preference. This view is rejected because the maternal connection grants inheritance only when acting alone, and what grants inheritance alone does not provide precedence in guardianship or inheritance via patronage ('Walaa'').