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 ?
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.
And Allah Ta’ālā Knows Best
Mufti Faraz Adam al-Mahmudi,
Mufti Faisal bin Abdul Hameed al-Mahmudi