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Abstract

The discovery of DNA was a turning point in the legal evidence system, With the pursuit of individuals and States to access the facts and to the inability of traditional evidence to meet the need, Both the legislation and the judiciary have moved towards DNA, as an amazing scientific discovery that provides precise answers to vague questions.

As is the case, developed countries have been credited with discovering and prioritizing DNA, In the Arab countries, and specifically in matters of personal status, there is a keen concern not to harm the family rights system, because they are constants, but on the other hand, we find in the provisions of the Islamic Shariah, which allows the disclosure of facts and under certain conditions.

In many Arab countries, the judiciary used genetic fingerprinting to determine filiation, and more accurately to prove it, not to deny it. This was part of the rules of expertise, and legislators in more than one Arab country considered laws to regulate DNA treatment with a greater focus on criminal materials and those laws were a bright spot in the history of some Arab legal systems - Qatar 2013, Kuwait 2015, and Algeria 2016-.

Which strengthened the promulgation of those laws of access to DNA to determine ratios, but did not reveal the ambiguity of the relationship between the criminal law and family law, and this research an opportunity to introduce the laws of DNA and assess the legislative and judicial reality Presenting the most important and boldest views and responding to them objectively, and provide solutions that the researcher believes its importance and value for this transition period in which the DNA is not stable. The DNA had positive and negative effects on traditional evidence.

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