Abstract
Genetic profiling (DNA fingerprinting) is one of the major developments in contemporary biology. Its introduction has raised such a hue and cry justiö'ing an explanation thereof from a Sharia point of view: definition of genetic profiling, and its viability in forensic medicine and the legal confirmation / negation of paternity.
The paper reaches a number of conclusions confirming that each individual has a unique genetic coding (DNA), with the exception of identical twins. Thus, genetic fingerprinting is an accurate means of differentiating between individuals. It may be used in the criminal field to unmistakably people (in cases other than hodoud, i.e. the limits imposed by God Almighty, and retaliation where its use is still questionable). It may also be used to establish/negate paternity.
Genetic profiling is a complementary means of proving, and therefore, should not come ahead of the legal means agreed upon by scholars for proving paternity. For negation of paternity, the paper confirms that the only legal means thereof is lean, i.e. the case of a husband negating paternity of a child begotten by a wife he claims to be an adulteress. Consequently, the results of genetic profiling cannot be depended upon. Moreover, genetic profiling may not substitute lean
Recommended Citation
(2003)
"Genetic Profiling and Rules of using Thereof in Forensic Medicine and Paternity Suits- Dr. Nasser Abdullah A1-Mayman,"
UAEU Law Journal: Vol. 2003:
No.
18, Article 4.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2003/iss18/4