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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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English English
Published:	Berkeley Electronic Press 2016
Subjects:	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
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

id	iium-51796
recordtype	eprints
spelling	iium-517962017-03-19T06:37:38Z http://irep.iium.edu.my/51796/ The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim 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. Berkeley Electronic Press 2016-06-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/51796/1/Gobal_Jurist.pdf application/pdf en http://irep.iium.edu.my/51796/4/51796_The%20status%20of%20an%20illegitimate%20child_scopus.pdf Haneef, Sayed Sikandar Shah (2016) The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test. Global Jurist, 16 (2). pp. 159-173. ISSN 1934-2640 https://www.degruyter.com/view/j/gj.ahead-of-print/gj-2015-0008/gj-2015-0008.xml 10.1515/gj-2015-0008,
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
description	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.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
title_short	The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
title_full	The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
title_fullStr	The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
title_full_unstemmed	The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test
title_sort	status of an illegitimate child in islamic law: a critical analysis of dna paternity test
publisher	Berkeley Electronic Press
publishDate	2016
url	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
first_indexed	2023-09-18T21:13:26Z
last_indexed	2023-09-18T21:13:26Z
_version_	1777411404568985600

The status of an illegitimate child in Islamic law: a critical analysis of DNA paternity test

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