Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party

Haneef, Sayed Sikandar Shah (2015) Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party. The Malayan Law Journal, 4. xxix-xlviii. ISSN 0025-1283

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Abstract

Deoxyribonucleic acid (‘DNA’) testing of paternity has emerged as a conclusive scientific evidence of ascertaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonise 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, theWestern legal system has accommodated 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 mooting point among the jurists. Some have approved it partially others advocate its wholesale adoption. This presents another interesting case for the issue of harmonisation between Islam and science. In this divided juridical landscape, therefore, a selective approach will regard it in total harmony with Islamic law as argued by its supporters. However 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 harmonisation with Islamic law, particularly to solve the problem of social location for some categories of illegitimate births and pregnancies.

Item Type:	Article (Journal)
Additional Information:	3049/44633
Uncontrolled Keywords:	DNA Paternity Test; Harmonisation; Proof-based Approach
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or 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:	09 Sep 2015 16:13
Last Modified:	09 Aug 2017 11:43
URI:	http://irep.iium.edu.my/id/eprint/44633

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