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    Paternity between Law and Biology: the Reconstruction of the Islamic Law of Paternity in the Wake of DNA Testing

    Creator
    Shabana, Ayman
    Abstract
    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, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology-based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law.
    Permanent Link
    http://hdl.handle.net/10822/713225
    External Link
    DOI: https://doi.org/10.1111/j.1467-9744.2011.01246.x
    Date Published
    2012
    Rights
    This item is currently unavailable in DigitalGeorgetown due to copyright restrictions by the publisher.
    Subject
    Biomedical Technology; DNA Fingerprinting; Ijtihad Independent Legal Reasoning; Islamic Law; Islamic Bioethics; Paternity Tests;
    Type
    Article
    Is Part Of
    Zygon: Journal of Religion and Science, 47(1).
    Publisher
    Wiley
    Collections
    • Qatar Faculty Scholarship
    Metadata
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      Islamic Law of Paternity between Classical Legal Texts and Modern Contexts: From Physiognomy to DNA Analysis 

      Shabana, Ayman (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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    Georgetown University Seal
    ©2009 - 2023 Georgetown University Library
    37th & O Streets NW
    Washington DC 20057-1174
    202.687.7385
    digitalscholarship@georgetown.edu
    Accessibility