Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law

Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the eme...

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Main Authors: Sarumi, Isa Abdur-Razaq, Ansari, Abdul Haseeb
Format: Article
Language:English
Published: Serials Publications (P) Ltd. 2017
Subjects:
Online Access:http://irep.iium.edu.my/63455/
http://irep.iium.edu.my/63455/1/63455_ESTABLISHING%20THE%20LEGITIMACY%20OF%20A%20CHILD.pdf
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author Sarumi, Isa Abdur-Razaq
Ansari, Abdul Haseeb
author_facet Sarumi, Isa Abdur-Razaq
Ansari, Abdul Haseeb
author_sort Sarumi, Isa Abdur-Razaq
building IIUM Repository
collection Online Access
description Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the emergence of DNA profiling that almost subverts the hierarchy of the Islamic legal proofs. This paper, therefore, explores the contemporary scholars’ polemics over the position of DNA profiling among other Islamic legal proofs of establishing the legitimacy of children. The paper finds that giving precedence to the traditional methods of establishing a genealogical relationship over DNA would not only safeguard the value of the family institution but also the divine texts. The paper adopts qualitative doctrinal approach by revisiting classical books with the available modern literature.
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spelling iium-634552018-05-02T01:35:33Z http://irep.iium.edu.my/63455/ Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law Sarumi, Isa Abdur-Razaq Ansari, Abdul Haseeb HQ503 The family. Marriage. Home KBP Islamic Law Genealogical relationship receives a special attention under Islamic Law that the methods of its establishment and legal proofs for a valid establishment of a child’s legitimacy have been comprehensively defined. These traditional methods remain the sole arbiter whenever disputes arise until the emergence of DNA profiling that almost subverts the hierarchy of the Islamic legal proofs. This paper, therefore, explores the contemporary scholars’ polemics over the position of DNA profiling among other Islamic legal proofs of establishing the legitimacy of children. The paper finds that giving precedence to the traditional methods of establishing a genealogical relationship over DNA would not only safeguard the value of the family institution but also the divine texts. The paper adopts qualitative doctrinal approach by revisiting classical books with the available modern literature. Serials Publications (P) Ltd. 2017-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/63455/1/63455_ESTABLISHING%20THE%20LEGITIMACY%20OF%20A%20CHILD.pdf Sarumi, Isa Abdur-Razaq and Ansari, Abdul Haseeb (2017) Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law. Journal of Islamic Law Review, 13 (2 (July-Dec.)). pp. 189-210. ISSN 0973-2918 http://serialsjournals.com/journal-detail.php?journals_id=272
spellingShingle HQ503 The family. Marriage. Home
KBP Islamic Law
Sarumi, Isa Abdur-Razaq
Ansari, Abdul Haseeb
Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title_full Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title_fullStr Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title_full_unstemmed Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title_short Establishing the legitimacy of a child between DNA profiling and classical methods of Islamic law
title_sort establishing the legitimacy of a child between dna profiling and classical methods of islamic law
topic HQ503 The family. Marriage. Home
KBP Islamic Law
url http://irep.iium.edu.my/63455/
http://irep.iium.edu.my/63455/
http://irep.iium.edu.my/63455/1/63455_ESTABLISHING%20THE%20LEGITIMACY%20OF%20A%20CHILD.pdf