أثر البصمة الوراثية في إثبات النسب بعد نفيه باللعان

الملخص EN

This paper deals with fiqhi novelties related to personal status.

It explores the different arguments of scholars in verifying the reliability of DNA testing in proving parenting after being abolished through disavowal of paternity by mutual oath of both spouses (li’an) and the ruling of attending to the request of either party to start this process after disavowal of paternity by mutual oath of both spouses, in addition to the related judicial applications.

The main principle of the legality of this case is to be precautionary about the child’s lineage and to guard the wife’s honour.

Scholars have two different opinions regarding the ruling of proving the reliability of DNA testing in proving parenting after being abolished through disavowal of paternity by mutual oath of both spouses.

The reason for their difference are the inconsistency of evidence between the two methods, i.e.

li’an and DNA testing, whether this issue is based on revelation or open for independent reasoning, and the weighting method used when the principle conflicts with a manifested fact, or when we have conflicting objectives.

At the end of the day, the researcher gives more weight to proving the reliability of DNA testing in proving parenting after being abolished through disavowal of paternity by mutual oath of both spouses owing to the desire of the lawgiver to identify lineage and to guard the child’s rights.

Accordingly, we should attend to anyone applying for a DNA test after being abolished through disavowal of paternity by mutual oath of both spouses.

Presuming the authenticity of the method in proving parenting, the applicant should be answered, be he a husband, a wife, a newborn child, or an attorney general.

This also holds whether a claim of non-paternity or cheating was filed by a spouse or not.

Allah knows best.