DNA analysis
Is it permissible to resort to DNA analysis to establish or deny paternity?
Paternity, established by Sharia, is incontrovertible and does not entitle the parent to resort to DNA analysis to deny it. Paternity can be denied only through “li`an” [1]. As a result, the marriage between the spouses is terminated due to the suspicion of the spouse of infidelity and she (the spouse) becomes forever forbidden for the former spouse.
The practice of “li`an” excludes paternity, in which there is doubt. However, to establish paternity, one can resort to DNA analysis in case of emergency. For example, there are cases where, as a result of a natural disaster, all newborns have quickly taken out of a hospital, and have got mixed up beyond recognition.
There are other similar cases. Argumentation: “If a woman gives birth to a white child, when the parents are black or vice versa, it is forbidden for the father to abandon him, even if the child looks like the one with whom the mother is suspected or if there is some sign of adultery” [2]. “There are five Sharia methods for establishing paternity. Scholars are unanimous in three of them:
1. Sexual contact;
2. Testimony of witnesses;
3. Parental announcement about this.
As for the fourth method (definition by external similarity), this method was recognized by most scholars, except for the Hanafis.
“The Sharia method for denying paternity is only with appropriate conditions.” “It is unacceptable to deny the lineage established by Sharia, either by DNA analysis or in any other way. But a person can use the DNA test as one of the factors that additionally support the spouse in his right to resort to the procedure of , or indicate the opposite; thus DNA analysis can contribute to the abandonment of .
“Sharia excludes a reference to a DNA test for the denial of paternity and a preference for analyzing DNA over ”. “It is forbidden to use a DNA test to confirm a pedigree that has already been established by Shariah.” [3]
[1] “Li`an” is a ‘theological curse’. It is carried out as follows: the husband tells his wife four times: “I testify before Almighty Allah that I speak the truth, accusing my wife (and calls her name) of adultery.” Then, for the fifth time, he says: “May Allah condemn me, if I lie, accusing my wife of adultery.” The wife, if she did not commit adultery, says four times: “I testify before Almighty Allah that the spouse tells a lie, accusing me of adultery.” Then for the fifth time she says: “May God condemn me, if he speaks the truth, accusing me of adultery.” If the husband denies his fatherhood, then he adds each time: “And her child” or “This child is from adultery.”
