Volume 25, Issue 2 (2019)                   AIJH 2019, 25(2): 23-44 | Back to browse issues page

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1- of Ilam University
Abstract:   (3874 Views)

Scientific developments have had an impact on all aspects of life and have raised various topics to be answered in legitimate ways. Acquiring descent through scientific methods is one of the new problems today. Since this is the most important issue in preserving the ancestry, sharia s also given it utmost importance. In the jurisprudence, to prove the lineage of the child born to the matriarch is in accordance to the hadith of "the child of the bed and the stone" i.e. the child belongs to husband’s legitimate wife. Even though bed linen is thought to be relevant to the degree of cutting and science, the degree of proof of modern scientific tests such as blood analysis, and DNA testing is 97. And in some ways up to 99% i.e. the proof by these methods is very close to science and disconnection. It is not easy to precisely research the process of matching the subject with the instances to reach the Sharia ruling. Therefore, today, many questions being raised about the detection of pedigree in modern ways need legitimate response. This article tries to respond to those questions through an analytical-descriptive manner of Islamic law. Some of these questions are: Is DNA detection, blood analysis, and finger printing legitimate. Some jurist call them legitimate while others say they are not authentic.
 
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Article Type: Original Research | Subject: Arts and Humanities (General)
Received: 2019/04/7 | Accepted: 2019/06/25 | Published: 2018/12/20

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