Negation of Paternity in Islamic Law between Li'an and DNA fingerprinting
Shabana, Ayman, 1973-
Shabana, Ayman. "Negation of Paternity in Islamic Law between Li'an and DNA fingerprinting." Islamic Law and Society 20-3 (2013): 157-201.
This essay explores the impact of DNA fingerprinting on the Islamic law of paternity, with a particular focus on paternity negation and the continued validity of liʿān (mutual oaths of condemnation). After surveying the scriptural and legal foundations of liʿān in the Islamic legal tradition, the essay traces the introduction of DNA fingerprinting for the resolution of identity and paternity disputes in the modern period, especially in the American legal context. The essay explores the modern Muslim legal opinion on the issue by examining the statements and discussions of three scholarly councils: the Islamic Organization for Medical Sciences, the International Islamic Fiqh Academy, and the Islamic Fiqh Council. The essay argues that the modern Muslim opinion on the issue is a function of both the legal characterization of DNA fingerprinting vis-à-vis sharīʿah methods for the establishment and negation of paternity, and the reconstructed role and objective of liʿān as a legal method.
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Islamic Law of Paternity between Classical Legal Texts and Modern Contexts: From Physiognomy to DNA Analysis Shabana, Ayman, 1973- (Oxford University Press, 2014)This paper investigates the extent to which reliance on DNA analysis for paternity verification conflicts with the Islamic law of paternity. More particularly, it seeks to examine the extent to which DNA testing can be ...
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