آليات اختبار النسب بواسطة الحمض النووي "الدنا" و أثر ذلك في قرار القانون الجنائي : قواعد علمية لا غنى للقاضي عنها

الملخص EN

In the context of highlighting the scientific rules that are indispensable to the judge, the aim of this research is to clarify the role of the DNA test in the determination of the lineage, between science and jurisprudential opinions.

As some scientific authorities consider that the child is attributed to the husband who owns the legitimate contract, and who keeps the wife, just like a man throwing a grain of wheat into other people's plowing, where the plantation belongs to the owner of the land, without any influence from DNA testing.

This is one reason why makes him independent of the curse, so that the husband resorts to the curse to deny paternity when there is no one who testifies to him of what he threw at his wife with that the pregnancy does not come from him.

(And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful.) (http : / / quran.ksu.edu.sa sura24-aya6) With the scientific advancements in this field, the husband did not remain alone and without support, he rather became a witness to him: what is the test of the lineage by means of DNA.