نفي النسب بالبصمة الوراثية : دراسة فقهية مقارنة

Abstract EN

The study address the ruling of denying paternity (genealogy) through DNA tests and the permissibility of resorting to such technology in issuing such a ruling based on the validity and accuracy of extracted results and far from the acknowledged method in denial, which is li'an (mutual oaths of condemnation).

The study follows an inductive approach in tracing scholarly opinions on the issue, surveying sustaining evidence and investigating them towards reaching a preponderant opinion.

Among the key findings of the study is that paternity is not affirmed through the sheer contract (of marriage), since the possibility of consummation and the passing of a minimum pregnancy term are indispensable.

It is also impermissible, for denial of paternity, to acknowledge DNA test results only without li'an in case the latter be possible.

Yet, when it is not possible to conduct li'an due to the ence of any of its requirements, then DNA test results alone can be acknowledged as a valid ground for denying paternity.