Can a DNA test be counted as evidence for proving lineage?

DNA Strands

Question:

Can a DNA test be counted as shahadah if the father denies the lineage of the child and a DNA test is done to prove it ?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

The Sharī’ah is universal; applicable and appliable across time and space.  The Sharī’ah has a penal system which can be practiced anywhere and in any time.  A laboratory is not needed neither is technology needed.

The calendar is based on the moon; visible to all.  Salāh times revolve with the movements of the sun; discernible to one and all.  Punishments are meted out by means of stones, whips, expatriation and imprisonment; appliable across the globe.

The Penal system is founded on the rulings of a judge, testimonies and sworn oaths.

DNA is a modern discovery.  It is not universal and cannot be ascertained everywhere.

DNA cannot substitute defined protocols of Sharī’ah.  Thus, DNA cannot be counted as a Shahādah in itself.  The defined method in Sharī’ah of determining lineage will always be given preference regardless of what a DNA test shows.

Being a conventional phenomenon, research and debate is on-going as to what extent DNA can be benefitted from in light of the Sharī’ah.  There are views that DNA can be used as a circumstantial evidence, which can give credence to another Shar’ī evidence but not become a Shar’ī evidence in itself.[1]

And Allah Ta’ālā Knows Best

Mufti Faraz Adam al-Mahmudi,
www.darulfiqh.com

Concurred by,

Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca

 


[1]  كتاب الفتاوى ج 6 ص 58 زمزم

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