القاضي الجنائي و حجية البصمة الوراثية ال (DNA)‎ في الإثبات القانوني و الشرعي للنسب

Abstract EN

The aim of this research is to study one of the contemporary and modern issues in Islamic law and Sharia in the criminal judge in the field of judiciary, and it is a matter of proving lineage and attaching it to its claimant or exile it through the DNA, which was discovered in 1984 and the genetic fingerprint is one of the recent scientific research that emerged with the tremendous development witnessed by mankind such as blood analysis, saliva, semen, race, hair and jaw teeth, and other things that were known in the field of criminal forensic evidence in what is known as forensic medicine or medical experience through which the killer can be known or verified Through it, knowing the killer or verifying his identity using all the evidence present at the scene of the accident, such as a drop of blood, semen, sweat, saliva, or the aftermath of a cigarette thrown at the scene of the accident or a hair and nail on Carpets and the like, as well as the identification of lineage through the DNA, and comparing it with the fingerprint of the defendant.

Therefore, this study will shed light on the authenticity of the DNA fingerprint in proving lineage from a legal, legal and judicial point of view.

s it permissible for a Shari'a or criminal judge to establish lineage by DNA? This is what we want to answer in this research.

We will shed light first - as required by the methodology of scientific research - on the definition of important terms such as the genetic and authentic imprint and the criminal judge and other important terms that constitute the keys to our research, then consider the opinions of jurists in the extent of taking them as evidence of proof or exile, and from it to address some issues and issues that are considered The evidence contains proven or negative evidence for the case.