Denial of paternity with DNA Fingerprint test in islāmic family law

Abstract

There are two ways to deny the lineage of a child who was born in mar riage contract in classical Islāmic legal doctrine. The first is to sue in court by hus band accusing his wife by adultery. In this case, both the wife and husband swear properly (liʿān/mulāʿana) in the court opened and as a result of the court, the child’s lineage falls from husband. The second is that there are certain special circum stances that are inevitable for the child to be born in marriage from husband in terms of reason and science/ medical point. In such a case, the husband has the right to sue the denial of lineage without the need for a liʿān/mulāʿana application. Nowadays (recently), with the development of science and technology DNA finger printing is used as a means of proof in proving the lineage and denying the lineage. Contemporary Islāmic law researchers have stood on the issue of the determina tion or denial of lineage with DNA fingerprint test. This study will focus only on “Denial of Lineage/Paternity by DNA Fingerprint Test in Islāmic (Family) Law”.