Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the eme...
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iium-634552018-05-02T01:35:33Z http://irep.iium.edu.my/63455/ Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law Sarumi, Isa Abdur-Razaq Ansari, Abdul Haseeb HQ503 The family. Marriage. Home KBP Islamic Law Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the emergence of DNA profiling that almost subverts the hierarchy of the Islamic legal proofs. This paper, therefore, explores the contemporary scholars’ polemics over the position of DNA profiling among other Islamic legal proofs of establishing the legitimacy of children. The paper finds that giving precedence to the traditional methods of establishing a genealogical relationship over DNA would not only safeguard the value of the family institution but also the divine texts. The paper adopts qualitative doctrinal approach by revisiting classical books with the available modern literature. Serials Publications (P) Ltd. 2017-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63455/1/63455_ESTABLISHING%20THE%20LEGITIMACY%20OF%20A%20CHILD.pdf Sarumi, Isa Abdur-Razaq and Ansari, Abdul Haseeb (2017) Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law. Journal of Islamic Law Review, 13 (2 (July-Dec.)). pp. 189-210. ISSN 0973-2918 http://serialsjournals.com/journal-detail.php?journals_id=272 |
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International Islamic University Malaysia |
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English |
topic |
HQ503 The family. Marriage. Home KBP Islamic Law |
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HQ503 The family. Marriage. Home KBP Islamic Law Sarumi, Isa Abdur-Razaq Ansari, Abdul Haseeb Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
description |
Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the emergence of DNA profiling that almost subverts the hierarchy of the Islamic legal proofs. This paper, therefore, explores the contemporary scholars’ polemics over the position of DNA profiling among other Islamic legal proofs of establishing the legitimacy of children. The paper finds that giving precedence to the traditional methods of establishing a genealogical relationship over DNA would not only safeguard the value of the family institution but also the divine texts. The paper adopts qualitative doctrinal approach by revisiting classical books with the available modern literature. |
format |
Article |
author |
Sarumi, Isa Abdur-Razaq Ansari, Abdul Haseeb |
author_facet |
Sarumi, Isa Abdur-Razaq Ansari, Abdul Haseeb |
author_sort |
Sarumi, Isa Abdur-Razaq |
title |
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
title_short |
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
title_full |
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
title_fullStr |
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
title_full_unstemmed |
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law |
title_sort |
establishing the legitimacy of a child between dna profiling and classical methods of islamic law |
publisher |
Serials Publications (P) Ltd. |
publishDate |
2017 |
url |
http://irep.iium.edu.my/63455/ http://irep.iium.edu.my/63455/ http://irep.iium.edu.my/63455/1/63455_ESTABLISHING%20THE%20LEGITIMACY%20OF%20A%20CHILD.pdf |
first_indexed |
2023-09-18T21:30:00Z |
last_indexed |
2023-09-18T21:30:00Z |
_version_ |
1777412446674223104 |