Law and Ethics in Islamic Bioethics: Nonmaleficence in Islamic Paternity Regulations
In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or against Islamic paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity.
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Shabana, Ayman, 1973- (Blackwell Publishers, 2013)In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation ...
Paternity between Law and Biology: the Reconstruction of the Islamic Law of Paternity in the Wake of DNA Testing Shabana, Ayman (Wiley, 2012)The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, ...
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 ...