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There are several parts to the whole scenario. I'll compartmentalize and tackle all separately.
Can DNA be used as an evidence to prove paternity?
Here, I am commenting solely on the Standard of proof to determine a civil case?
Thread/ https://twitter.com/AxmeenR/status/1340269349467168771
Can DNA be used as an evidence to prove paternity?
Here, I am commenting solely on the Standard of proof to determine a civil case?
Thread/ https://twitter.com/AxmeenR/status/1340269349467168771
Contrary to popular belief, evidence in Sharia is not limited to witness statements, confessions and oaths.
Nay! Evidence in Sharia is by definition anything that reveals the truth/leads to certainty.
البينة هي اسم لكل ما يبين الحق ويظهره
+
Nay! Evidence in Sharia is by definition anything that reveals the truth/leads to certainty.
البينة هي اسم لكل ما يبين الحق ويظهره
+
Infact, Ibn Qayyim in his book, Turq al Hukmiyya details out 56+++ ways which can be used as evidence to prove a case. This was over 700 years ago. +
In cases of doubt, how was paternity established in Sharia then?
There is a specific mechanism called Al-Qiyafah, the legality has been discussed in detail with reference to specific situations that happened during the time of the prophet.
Refer to the book above for details. +
There is a specific mechanism called Al-Qiyafah, the legality has been discussed in detail with reference to specific situations that happened during the time of the prophet.
Refer to the book above for details. +
I'll go straight to the technicalities. How does Qiyafah work?
Qiyafah refers to an ancient form of knowledge passed down orally where the person having the knowledge looks into specific attributes between two people and come to a conclusion that they are from one another. +
Qiyafah refers to an ancient form of knowledge passed down orally where the person having the knowledge looks into specific attributes between two people and come to a conclusion that they are from one another. +
This is much like the ancient knowledge of boat building (timberwork-Kissaru Vadaan), never scripted but passed down orally for generations until recently.
Accordingly, Qiyafah was passed down orally as a specialized form of knowledge. +
Accordingly, Qiyafah was passed down orally as a specialized form of knowledge. +
Questions of validity and authenticity of the usage of Qiyafah as evidence, and the person's (Qaaif's) attribution was raised, even then scholars have discussed in detail;
-the conditions of acceptance;
-the tests needed to be conducted to determine the accuracy of the result.+
-the conditions of acceptance;
-the tests needed to be conducted to determine the accuracy of the result.+
Imam Shafiee himself, stated that the Qaaif should be give three tests whereby if he was to accurately identify the father and the child, his statement can then be accepted as evidence for establishment of paternity. +
Today, this form of knowledge seems to be lost, we haven't heard of anyone claiming to have such knowledge. Even if he does, how do we verify his claims?
We go for the DNA test. Won't we? +
We go for the DNA test. Won't we? +
If we look into the specifics of the DNA test. The specifics applied by the Qaaif to determine paternity, in actuality is applied here.
"Look for special attributes that connect and link both people together."
This happens on a micro level now. +
"Look for special attributes that connect and link both people together."
This happens on a micro level now. +
If Qiyafah was used and is an acceptable form of test required to determine paternity. With even stronger reason, DNA should be accepted.
لقد ألحقت أصل (التي هي قيافة) بفرع (الذي هو حمض النووي) في حكم الأصل لعلة جامعة بينهما
Between DNA and Qiyafah, what is more accurate now?+
لقد ألحقت أصل (التي هي قيافة) بفرع (الذي هو حمض النووي) في حكم الأصل لعلة جامعة بينهما
Between DNA and Qiyafah, what is more accurate now?+
Why? Environmental factors affecting outward appearances might make the attribution by the Qaaif difficult, increasing his chances to err.
But DNA is free from these errors as it looks beyond mere appearances into cellular level. Something that remains intact/unchangeable. +
But DNA is free from these errors as it looks beyond mere appearances into cellular level. Something that remains intact/unchangeable. +
I understand that there are concerns in using DNA as evidence.
Heck! There were concerns in using Qiyafah as evidence. Some scholars disagreed in using it. But the majority allowed it. +
Heck! There were concerns in using Qiyafah as evidence. Some scholars disagreed in using it. But the majority allowed it. +
Early scholars acknowledged the concerns and discussed it in a more mature way and put limitations to it's acceptance that ensured it's authenticity as much as possible.
They didn't outlaw it altogether based on mere concerns.
See, Imam Shafiee tested the Qaaif thrice. +
They didn't outlaw it altogether based on mere concerns.
See, Imam Shafiee tested the Qaaif thrice. +
I think most would agree on the accuracy of DNA test, but the concerns all are raised due to;
1. Mistakes happening in the laboratory. Samples switching.
2. Intentional falsification of the results.
3. Tampering with the evidence. Etc; +
1. Mistakes happening in the laboratory. Samples switching.
2. Intentional falsification of the results.
3. Tampering with the evidence. Etc; +
These are all legitimate concerns. But instead of outlawing and banning a proven and accurate method, let's discuss and determine ways which this can be acceptable as per the established Principles of Sharia. +
We can either/or;
1. Send the sample into three different laboratories. Perhaps abroad. Three countries.
2. Strictly follow the chain of custody. From the time the sample was taken until the result.
3. Provide Expert testimony on the DNA result. +
1. Send the sample into three different laboratories. Perhaps abroad. Three countries.
2. Strictly follow the chain of custody. From the time the sample was taken until the result.
3. Provide Expert testimony on the DNA result. +
You see, Sharia is applicable to all places at all times.
الشريعة صالحة لكل زمان ومكان وكيف يكون تلك إذا جعلناها جامدا غير قابلا للتطبيق؟
Next Question. Could DNA be used to establish the paternity of a child born out of wedlock?
To be discussed in the next thread.
End/
الشريعة صالحة لكل زمان ومكان وكيف يكون تلك إذا جعلناها جامدا غير قابلا للتطبيق؟
Next Question. Could DNA be used to establish the paternity of a child born out of wedlock?
To be discussed in the next thread.
End/
