Harmonization between Islamic law and science: DNA test of paternity as a case study

DNA testing of paternity has emerged as a conclusive scientific evidence of as- certaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonize it with old established common law principles of ‘presumption of paternity` and ‘ex parte’ judgme...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2015
Subjects:	KBP470 Law reform. Criticism. Tanzim
Online Access:	http://irep.iium.edu.my/43740/ http://irep.iium.edu.my/43740/ http://irep.iium.edu.my/43740/1/Published_2015.pdf

id	iium-43740
recordtype	eprints
spelling	iium-437402017-11-10T09:17:58Z http://irep.iium.edu.my/43740/ Harmonization between Islamic law and science: DNA test of paternity as a case study Haneef, Sayed Sikandar Shah KBP470 Law reform. Criticism. Tanzim DNA testing of paternity has emerged as a conclusive scientific evidence of as- certaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonize it with old established common law principles of ‘presumption of paternity` and ‘ex parte’ judgment for granting a woman her claim that her bastard child belongs to a certain accused, the Western legal system has accommo- dated it within its law of evidence. In Islamic law, on the other hand, its reception as conclusive evidence in establishing or negating paternity is a matter of controversy among the jurists. Some have approved it partially others advocate its wholesale adop- tion. This presents another interesting case for the issue of harmonization between Islam and science. In this divided juridical landscape, therefore, a selective approach to evi- dence and proof would regard it in total harmony with Islamic law. But this approach will not only be questionable on methodological grounds but also polemical in terms of social acceptability. This paper argues for regulated proof-based approach to address its harmonization with Islamic law. International Islamic University Malaysia 2015-06 Article PeerReviewed application/pdf en http://irep.iium.edu.my/43740/1/Published_2015.pdf Haneef, Sayed Sikandar Shah (2015) Harmonization between Islamic law and science: DNA test of paternity as a case study. Journal of Islam in Asia, 12 (1). pp. 246-264. ISSN 1823-0970 http://journals.iium.edu.my/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Harmonization between Islamic law and science: DNA test of paternity as a case study
description	DNA testing of paternity has emerged as a conclusive scientific evidence of as- certaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonize it with old established common law principles of ‘presumption of paternity` and ‘ex parte’ judgment for granting a woman her claim that her bastard child belongs to a certain accused, the Western legal system has accommo- dated it within its law of evidence. In Islamic law, on the other hand, its reception as conclusive evidence in establishing or negating paternity is a matter of controversy among the jurists. Some have approved it partially others advocate its wholesale adop- tion. This presents another interesting case for the issue of harmonization between Islam and science. In this divided juridical landscape, therefore, a selective approach to evi- dence and proof would regard it in total harmony with Islamic law. But this approach will not only be questionable on methodological grounds but also polemical in terms of social acceptability. This paper argues for regulated proof-based approach to address its harmonization with Islamic law.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	Harmonization between Islamic law and science: DNA test of paternity as a case study
title_short	Harmonization between Islamic law and science: DNA test of paternity as a case study
title_full	Harmonization between Islamic law and science: DNA test of paternity as a case study
title_fullStr	Harmonization between Islamic law and science: DNA test of paternity as a case study
title_full_unstemmed	Harmonization between Islamic law and science: DNA test of paternity as a case study
title_sort	harmonization between islamic law and science: dna test of paternity as a case study
publisher	International Islamic University Malaysia
publishDate	2015
url	http://irep.iium.edu.my/43740/ http://irep.iium.edu.my/43740/ http://irep.iium.edu.my/43740/1/Published_2015.pdf
first_indexed	2023-09-18T21:02:16Z
last_indexed	2023-09-18T21:02:16Z
_version_	1777410701967491072

Harmonization between Islamic law and science: DNA test of paternity as a case study

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