DNA tests 'inconclusive' in paternity cases
DNA analysis is not the accurate method to determine a person's lineage, according to professors of Islamic Shariah law.
Dr Ahmad Abdul Aziz Al Haddad, Director of Iftaa' Department of Islamic Affairs and Charitable Activities Department of Dubai and Dr Abdul Ha’aq Humaish, Professor of Islamic Sharaiah Law of Sharjah University refused to rely on the DNA analysis denying parentage in a case, while the Family Court Judge Khalid Al Hawsani considered DNA examination a presumption and not evidence, reported 'Emarat Al Youm' newspaper.
Dr Al Haddad said Islamic courts issue verdicts based on Islamic Shariah and, therefore, does not rely on scientific or laboratory evidences. "The legislation gives the man [who is alleged to have fathered a child] the right to deny the accusation, if he is sure that the child is not his and he testifies under oath before the presiding judge."
"However, if the woman involved in a case is sure of herself and has not committed adultery or alternatively if the husband doubts the child is not his then scientific methods such as DNA analysis can be used," he added.
Dr Humaish said DNA analysis can’t be taken as principle evidence to deny the parentage and added it is not permissible to rely on the DNA except in the case of people of unknown descent, or if a woman wants to clear herself. DNA analysis is not conclusive evidence and, therefore, it is preferable not to open doors of evil, doubt and suspicion in the Islamic family, he added.
Al Hawsani said DNA evidence in cases of denied descent is a presumption and not an evidence, and added that in case where it becomes an evidence, it would be an excuse for weak-minded people to harbour more doubts.
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