The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective

The issue of using DNA technology to determine the paternity of a child is a controversial issue in Islamic law. Although vast majority of legal scholars acquiesce its use as a means of connecting unidentifiable children or dead bodies to their legal parents, they oppose its use to nail the male enj...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Conference or Workshop Item
Language:	English English English English
Published:	2014
Subjects:	KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/39282/ http://irep.iium.edu.my/39282/1/106_Sayed_Sikandar.pdf http://irep.iium.edu.my/39282/2/iclaps_2014_parallel_session_tentative.pdf http://irep.iium.edu.my/39282/3/100_CONTENTS.pdf http://irep.iium.edu.my/39282/4/ICLOPS_evidence.pdf

id	iium-39282
recordtype	eprints
spelling	iium-392822015-01-09T02:04:48Z http://irep.iium.edu.my/39282/ The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective Haneef, Sayed Sikandar Shah KBP470 Law reform. Criticism. Tanzim The issue of using DNA technology to determine the paternity of a child is a controversial issue in Islamic law. Although vast majority of legal scholars acquiesce its use as a means of connecting unidentifiable children or dead bodies to their legal parents, they oppose its use to nail the male enjoyer of the illicit sex. Consequently, the child born out of wedlock is a liability on the female partner in terms of raising and supporting financially. The classic logic for such a lopsided application of child`s paternity was that in the case of female partner, it is easy to ascertain that such a child is her biological progeny but this cannot be proved in the case of her male partner . Consequently, this kind of approach not only has triggered the culture of baby damping normally by naïve but sexually active female believers but has also financially burdened child welfare organizations, to say the least in terms of larger implications for society. This paper, however, argues that in the age of technology invoking the conventional wisdom of non- traceability of male partner in a sexual act no longer holds true. Accordingly, since in Islam, illicit sex is a heinous crime, biological connection of ill-conceived babies to male partners, among others, goes a long way in saving public money for more worthy and pressing societal causes and in curbing promiscuity among Muslims in a given society. 2014 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/39282/1/106_Sayed_Sikandar.pdf application/pdf en http://irep.iium.edu.my/39282/2/iclaps_2014_parallel_session_tentative.pdf application/pdf en http://irep.iium.edu.my/39282/3/100_CONTENTS.pdf application/pdf en http://irep.iium.edu.my/39282/4/ICLOPS_evidence.pdf Haneef, Sayed Sikandar Shah (2014) The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective. In: International Conference on Law, Policy and Social Justice (ICLAPS 2014), 10th-11th September 2014, Penang. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English English
topic	KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
description	The issue of using DNA technology to determine the paternity of a child is a controversial issue in Islamic law. Although vast majority of legal scholars acquiesce its use as a means of connecting unidentifiable children or dead bodies to their legal parents, they oppose its use to nail the male enjoyer of the illicit sex. Consequently, the child born out of wedlock is a liability on the female partner in terms of raising and supporting financially. The classic logic for such a lopsided application of child`s paternity was that in the case of female partner, it is easy to ascertain that such a child is her biological progeny but this cannot be proved in the case of her male partner . Consequently, this kind of approach not only has triggered the culture of baby damping normally by naïve but sexually active female believers but has also financially burdened child welfare organizations, to say the least in terms of larger implications for society. This paper, however, argues that in the age of technology invoking the conventional wisdom of non- traceability of male partner in a sexual act no longer holds true. Accordingly, since in Islam, illicit sex is a heinous crime, biological connection of ill-conceived babies to male partners, among others, goes a long way in saving public money for more worthy and pressing societal causes and in curbing promiscuity among Muslims in a given society.
format	Conference or Workshop Item
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
title_short	The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
title_full	The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
title_fullStr	The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
title_full_unstemmed	The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective
title_sort	use of dna to nail male enjoyer of sex: a contemporary analysis from islamic legal perspective
publishDate	2014
url	http://irep.iium.edu.my/39282/ http://irep.iium.edu.my/39282/1/106_Sayed_Sikandar.pdf http://irep.iium.edu.my/39282/2/iclaps_2014_parallel_session_tentative.pdf http://irep.iium.edu.my/39282/3/100_CONTENTS.pdf http://irep.iium.edu.my/39282/4/ICLOPS_evidence.pdf
first_indexed	2023-09-18T20:56:25Z
last_indexed	2023-09-18T20:56:25Z
_version_	1777410334284316672

The use of DNA to nail male enjoyer of sex: a contemporary analysis from Islamic legal perspective

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