The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
The use of DNA test to determine the paternity of a child is a controversial issue in Islamic law. Although vast majority of legal scholars pragmatically concede its use as ameans of connecting unidentifiable children or dead bodies to their next of kin, they oppose its use to ascribe the paterni...
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| Format: | Article |
| Language: | English English |
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Berkeley Electronic Press
2016
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| Online Access: | http://irep.iium.edu.my/51796/ http://irep.iium.edu.my/51796/ http://irep.iium.edu.my/51796/ http://irep.iium.edu.my/51796/1/Gobal_Jurist.pdf http://irep.iium.edu.my/51796/4/51796_The%20status%20of%20an%20illegitimate%20child_scopus.pdf |
| Summary: | The use of DNA test to determine the paternity of a child is a controversial
issue in Islamic law. Although vast majority of legal scholars pragmatically concede
its use as ameans of connecting unidentifiable children or dead bodies to their next
of kin, they oppose its use to ascribe the paternity of children born out of illicit
sexual intercourse to the male parties involved. Consequently, such an illegitimate
child is a liability on the female partner in terms of raising and supporting. The
conventional logic for such a lopsided application of child’s paternity was that in
the case of female partner, it is easy to ascertain that such a child is her biological
progeny but establishing such a de facto connection of the child to hermale partner
is impossible to obtain. Accordingly, practical option for the naïve even curious but
sexually active female member to thwart the stigma and burden of giving birth to
such children, has been either abortion or baby dumping (Statistics show that there
were 417 baby dumping cases recorded nationwide between 2009 and September
2013. See more at: http://www.theantdaily.com/Main/Baby-dumping-cases-turn
ing-into-an-epidemic-in-Malaysia#sthash.fpHHoWGk.dpuf.). This paper, however,
argues that in the age of scientific technology invoking the conventional wisdom of
non-traceability of male partner in a sexual act no longer holds true. Accordingly,
biologically connecting ill-conceived babies to male partners, in the context of
present Muslim societies, goes a long way in protecting women and children. |
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