Harmonization between Islamic law and science: DNA test of paternity as a case study

Haneef, Sayed Sikandar Shah (2015) Harmonization between Islamic law and science: DNA test of paternity as a case study. Journal of Islam in Asia, 12 (1). pp. 246-264. ISSN 1823-0970

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Abstract

DNA testing of paternity has emerged as a conclusive scientific evidence of as- certaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonize it with old established common law principles of ‘presumption of paternity` and ‘ex parte’ judgment for granting a woman her claim that her bastard child belongs to a certain accused, the Western legal system has accommo- dated it within its law of evidence. In Islamic law, on the other hand, its reception as conclusive evidence in establishing or negating paternity is a matter of controversy among the jurists. Some have approved it partially others advocate its wholesale adop- tion. This presents another interesting case for the issue of harmonization between Islam and science. In this divided juridical landscape, therefore, a selective approach to evi- dence and proof would regard it in total harmony with Islamic law. But this approach will not only be questionable on methodological grounds but also polemical in terms of social acceptability. This paper argues for regulated proof-based approach to address its harmonization with Islamic law.

Item Type:	Article (Journal)
Additional Information:	3049/43740
Uncontrolled Keywords:	DNA Paternity Test, harmonization, Proof-Based Approach
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	14 Jul 2015 14:08
Last Modified:	10 Nov 2017 17:17
URI:	http://irep.iium.edu.my/id/eprint/43740

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