دور الوسائل العلمية الحديثة في إثبات النسب في ضوء مقاصد التشريع الإسلامي : دراسة فقهية مقارنة

الملخص EN

Lineage is one of the blessings of God Almighty on man, and the preservation and protection of lineage from the purposes and general goals of Islamic law, so it had its privacy in Islamic law, and in personal status laws derived from this noble Sharia, so that lineages do not mix, symptoms are preserved, and with the progress of medical and biological sciences.

Modern, whether with regard to the discovery of genetic traits between the offspring, through blood group analysis, or through genetic fingerprint, it has become important to research the extent of the impact of these scientific methods on the issues of proving parentage, and it has been shown through this research that the analysis of blood groups can Benefiting from it in denying lineage without proving it.

As for genetic fingerprint analysis, it can be used to prove or deny lineage in many cases, such as cases of suspected lineage, And children of unknown parentage, provided that they are not exposed to established lineages by the legitimate legal methods that are: bedding, acknowledgment, and evidence.

Then we recommend the necessity of controlling these processes with controls from Sharia and law that guarantee the protection of society from moral and ethical disorder, and at the same time do not impede scientific research useful for humanity, and this requires intensifying the efforts of everyone, individuals and institutions, to probe these issues and clarify what is right in them, and I relied in this research on the The descriptive, inductive, analytical, and comparative method, taking into account the rules and controls of research in the forensic and legal sciences, from attributing the Qur’anic verses to their places in the Holy Book,Graduating the hadiths of the Prophet from the considered books of Sunnah, relying on the books of jurisprudence approved in each sect, and referring to the texts of laws published in the Official Gazette.