i would like to know what Islam says if a father was to question the DNA of his child, does Islam allow DNA test to be done to determine who the father of a child is?
ANSWER: Muslim scholars said It is not allowed to do that in Islam ---------- FOLLOW-UP ----------
Thank you for your answer to my question.
Would you please explain in more detail as to why DNA testing is not allowed in Islam?
Dna
2 posts • Page 1 of 1
Dna
by Enlai » Fri Jun 13, 2014 2:03 pm
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
In Islamic Sharia, people are, by nature, chaste unless otherwise proved. This is why Islam protects the honor of the Muslim man and the Muslim woman by forbidding Qazf(defamation and slander) and making it a dissolute act that deserves a Hadd(a certain retribution mentioned in Shriah) if the person who does it can not present enough evidence to prove his accusation. Islam also accepts the slightest probability as evidence to trace the child back to any man who could be his father; a man who is married to the mother of the child or who had sex with her as his woman slave. Even if the married woman confesses to having had children from Zina, this does not suffice to annul their lineage to their father, i.e., the one who is know to have been her husband during the period in which she conceived those children, as long as this man has not himself made Li’an(launching a charge against his wife and swearing four times to the fact – that she was unchaste – and a fifth time invoking curse on himself if he lies). This is from the sound Hadith: “The child is for the bed and the stones are for the adulterer”. [Reported by Imam Al Bukhari, Imam Muslim and others].
As for this husband, if he is certain that this woman is an adulterer or if he believes very strongly that this woman was a prostitute or a whore and that the child traced back to him is not his child, and if he accused this woman publicly of Zina, he has then the right to use all possible presumptions and evidences to prove that the son is not his. DNA test is one of the possible evidences but not the most important one. It is not permissible to conduct DNA testing to determine paternity solely on the basis of suspicious of Zina.
The following are some important points to be considered.
One, requiring a DNA test to prove paternity is an indication of accusing one’s wife of Zina if the test conducted during circumstances, such as after having doubts or conflicts with one’s wife, etc. So, one should not demand this test unless he is sure about the ill conduct of his wife and he has strong indications to prove it. Also, the DNA test is considered supporting evidence for his claim. So, it should be carried out only if there are other presumptions to back the claim. So,DNA is not the first and most important evidence for her Zina.
Second, the results of this test should be true evidence, authentic and reliable according to medical authorities in the above or similar cases. Only the specialists in this field should make a legal decision in this matter.
Third, there should not be any fraud, or interference in conducting the test or in the results of its findings.
Fourth, the test should be performed before Li’an(oath of condemnation) since the Li’an causes complete separation between a man and his wife, and a denial of the child to be traced back to him. In fact, this man can not deny his fatherhood to this child except through Li’an.
Allah Says(interpretation of meaning :({And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies(i.e. testifies four times) by Allâh that he is one of those who speak the truth. And the fifth(testimony)(should be) the invoking of the Curse of Allâh on him if he be of those who tell a lie(against her). But it shall avert the punishment(of stoning to death) from her, if she bears witness four times by Allâh, that he(her husband) is telling a lie. And the fifth(testimony) should be that the Wrath of Allâh be upon her if he(her husband) speaks the truth.}[24:6-9].
So, the child’s lineage to the father can not be denied except through Li’an as narrated in the Hadith reported by Abu Dawood, Al Nasai, Ibn Majah and Ibn Hibban(the latter said it was a sound Hadith): “Any woman who brings into a family a person(child) who is not one of them(by legal lineage), she shall have no relation left with Allah…”. This Hadith states the woman but in fact the verdict is true for the man as well. So, if the man is certain of the prostitution of this woman and that she has traced back to him a child who is not his and he does not refute this, he is considered as having traced to himself a person who is not from his lineage and then he deserves the same punishment as the woman stated in the Hadith. If this man does not refute his fatherhood of this child, then this child would inherit from him and get equal rights as his other legal children.
Allah knows best.http://www.islamweb.net/ver2/Fatwa/ShowFatwa.php?lang=E&Id=82709&Option=FatwaId
In Islamic Sharia, people are, by nature, chaste unless otherwise proved. This is why Islam protects the honor of the Muslim man and the Muslim woman by forbidding Qazf(defamation and slander) and making it a dissolute act that deserves a Hadd(a certain retribution mentioned in Shriah) if the person who does it can not present enough evidence to prove his accusation. Islam also accepts the slightest probability as evidence to trace the child back to any man who could be his father; a man who is married to the mother of the child or who had sex with her as his woman slave. Even if the married woman confesses to having had children from Zina, this does not suffice to annul their lineage to their father, i.e., the one who is know to have been her husband during the period in which she conceived those children, as long as this man has not himself made Li’an(launching a charge against his wife and swearing four times to the fact – that she was unchaste – and a fifth time invoking curse on himself if he lies). This is from the sound Hadith: “The child is for the bed and the stones are for the adulterer”. [Reported by Imam Al Bukhari, Imam Muslim and others].
As for this husband, if he is certain that this woman is an adulterer or if he believes very strongly that this woman was a prostitute or a whore and that the child traced back to him is not his child, and if he accused this woman publicly of Zina, he has then the right to use all possible presumptions and evidences to prove that the son is not his. DNA test is one of the possible evidences but not the most important one. It is not permissible to conduct DNA testing to determine paternity solely on the basis of suspicious of Zina.
The following are some important points to be considered.
One, requiring a DNA test to prove paternity is an indication of accusing one’s wife of Zina if the test conducted during circumstances, such as after having doubts or conflicts with one’s wife, etc. So, one should not demand this test unless he is sure about the ill conduct of his wife and he has strong indications to prove it. Also, the DNA test is considered supporting evidence for his claim. So, it should be carried out only if there are other presumptions to back the claim. So,DNA is not the first and most important evidence for her Zina.
Second, the results of this test should be true evidence, authentic and reliable according to medical authorities in the above or similar cases. Only the specialists in this field should make a legal decision in this matter.
Third, there should not be any fraud, or interference in conducting the test or in the results of its findings.
Fourth, the test should be performed before Li’an(oath of condemnation) since the Li’an causes complete separation between a man and his wife, and a denial of the child to be traced back to him. In fact, this man can not deny his fatherhood to this child except through Li’an.
Allah Says(interpretation of meaning :({And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies(i.e. testifies four times) by Allâh that he is one of those who speak the truth. And the fifth(testimony)(should be) the invoking of the Curse of Allâh on him if he be of those who tell a lie(against her). But it shall avert the punishment(of stoning to death) from her, if she bears witness four times by Allâh, that he(her husband) is telling a lie. And the fifth(testimony) should be that the Wrath of Allâh be upon her if he(her husband) speaks the truth.}[24:6-9].
So, the child’s lineage to the father can not be denied except through Li’an as narrated in the Hadith reported by Abu Dawood, Al Nasai, Ibn Majah and Ibn Hibban(the latter said it was a sound Hadith): “Any woman who brings into a family a person(child) who is not one of them(by legal lineage), she shall have no relation left with Allah…”. This Hadith states the woman but in fact the verdict is true for the man as well. So, if the man is certain of the prostitution of this woman and that she has traced back to him a child who is not his and he does not refute this, he is considered as having traced to himself a person who is not from his lineage and then he deserves the same punishment as the woman stated in the Hadith. If this man does not refute his fatherhood of this child, then this child would inherit from him and get equal rights as his other legal children.
Allah knows best.http://www.islamweb.net/ver2/Fatwa/ShowFatwa.php?lang=E&Id=82709&Option=FatwaId
- Enlai
- Posts: 16
- Joined: Sat Jan 18, 2014 6:43 pm
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