دور البصمة الوراثية في الإثبات الجنائي : دراسة قانونية على ضوء أحكام الفقه و القضاء

Abstract EN

It is agreed upon that DNA is a modern scientific discovery that led to a revolution in the field of evidence.

Furthermore, it became a tangible reality which has shown beyond doubt its success and consequently, was taken as evidence by courts in Europe and America.

On the same line of thoug.ht, this new discovery has set the ground for the Islamic jurisprudence to highlight the related laws and provision while it opened doors for further discovery in the field of evidence especially the field of criminal evidence among the judicial work due to considering the DNA as a conclusive proof in the process of identification.

DNA profiling is a modern technique that is highly useful in DNA analysis.

Through such a technique, the identity of people can be uncovered, and it is also used in genetic disease studies and tissue transplants.

It soon entered the world of forensic medicine, where it made it possible to uncover assault crimes, and decide paternity in child custody cases.

DNA Profiling serves as evidence that settles cases with incomparable accuracy unlike blood types for instance.

The importance of this research lies in the fact that DNA Profiling is a technique that comes with the risk of illegal usage, and therefore, requires a legal framework that keeps it under control, and provides a framework for its conditions and cases of usage.

Our research also aims to investigate the jurisprudential basis for DNA Profiling technology as a tool of both proof and deniability.

The purpose is toin order to reach the extent to which there are reliable precautions that can protect the right of individuals to privacy and physical integrity.

Researchers in the field of jurisprudence and law have different opinions about the extent of the authenticity of the DNA as evidence, and several issues were raised, the most important of which is the legality of this evidence in light of the right to the sanctity of the body and private life.