Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
Deoxyribonucleic acid (‘DNA’) testing of paternity has emerged as a conclusive scientific evidence of ascertaining paternity to overcome the problem of ‘paternity fraud’ and ‘misattributed paternity’ in the West. To harmonise it with old established common law principles of ‘presumption of patern...
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| Format: | Article |
| Language: | English |
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Malayan Law Journal Sdn Bhd
2015
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| Online Access: | http://irep.iium.edu.my/44633/ http://irep.iium.edu.my/44633/1/mlja2015.pdf |
| Summary: | Deoxyribonucleic acid (‘DNA’) testing of paternity has emerged as a conclusive
scientific evidence of ascertaining paternity to overcome the problem of ‘paternity
fraud’ and ‘misattributed paternity’ in the West. To harmonise 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, theWestern legal system has accommodated 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 mooting point among the jurists. Some have approved it
partially others advocate its wholesale adoption. This presents another interesting
case for the issue of harmonisation between Islam and science. In this divided
juridical landscape, therefore, a selective approach will regard it in total harmony
with Islamic law as argued by its supporters. However 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
harmonisation with Islamic law, particularly to solve the problem of social location
for some categories of illegitimate births and pregnancies. |
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