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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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 |
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iium-44633 |
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iium-446332017-08-09T03:43:45Z http://irep.iium.edu.my/44633/ Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim 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. Malayan Law Journal Sdn Bhd 2015-09-02 Article PeerReviewed application/pdf en http://irep.iium.edu.my/44633/1/mlja2015.pdf Haneef, Sayed Sikandar Shah (2015) Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party. The Malayan Law Journal, 4. xxix-xlviii. ISSN 0025-1283 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim |
| spellingShingle |
KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party |
| description |
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. |
| format |
Article |
| author |
Haneef, Sayed Sikandar Shah |
| author_facet |
Haneef, Sayed Sikandar Shah |
| author_sort |
Haneef, Sayed Sikandar Shah |
| title |
Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
|
| title_short |
Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
|
| title_full |
Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
|
| title_fullStr |
Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
|
| title_full_unstemmed |
Harmonisation between Islamic law and science on DNA test of paternity: implications for connecting an illegitimate child to the male party
|
| title_sort |
harmonisation between islamic law and science on dna test of paternity: implications for connecting an illegitimate child to the male party |
| publisher |
Malayan Law Journal Sdn Bhd |
| publishDate |
2015 |
| url |
http://irep.iium.edu.my/44633/ http://irep.iium.edu.my/44633/1/mlja2015.pdf |
| first_indexed |
2023-09-18T21:03:26Z |
| last_indexed |
2023-09-18T21:03:26Z |
| _version_ |
1777410775696015360 |