Side Links
Prayer Time
Makkah Tower Prophet Alhamdulillaah Muharram Muharram 2 Muharram 3 Ashura 12 Months Good Advice Sincerity 5

  |      |   

The proof of genetic traits in affirming lineage

a- Blood group:

as seen previously, every person inherits the qualities of his father and mother equally whether the blood of the parents are from one blood group or two different blood groups . In addition, whenever a bloody group is found in a child which does not exist in its claimant (one claiming for the child as his’), that can be relied upon in denying him the child lineage to him.

In the case, the blood groups correspond between the child and its claimant that does not absolutely prove its lineage because the proportion of one group (blood group) may involve many people with the possibility of one of them being the father of the child.

Example: if two women gave birth in a hospital and the babies were mingled with each other and could not be distinguished, and there is the possibility of using blood test to know the right child. In the case of differences in blood types, blood test can be conclusive in denying a lineage, however in the case of compatibility(of the blood groups) linking the lineage to one of them is just by way of possibility (not conclusive).

Reliance Can also be made on the presumption of different blood groups in rejecting a child lineage other than a case that necessitates the negater to pronounce a curse, thus in the case where a husband slanders his wife (of adultery).

However, if the child is proved to be attributed to him by the genetic traits  there is no need for cursing in the opinion of some scholars,  because cursing is an oath which was put in place to check what is likely to happen or not to happen, in this case there is no way the child can be related to the husband (if the blood test deny any lineage between them), hence, there isn’t any necessity for cursing in an attempt to reject its lineage.

B / DNA imprint 
it is also called DNA, which varies from one person to another because of the different genetic traits and
sonship relationship can be determine through it  because there is a similarity between a person and his two sons in this acid. If the traits of lineage found in the child equal half of what is  in the mother and the other half does not match the genetic traits of the claimant father, it indicates  that he is not the real father and the vice versa is true .This is done by testing the DNA of each of them and its compatibility.

Based on this, and the decision of the doctors that there is no similarity between one person and another in the DNA except son with his parents, thus such a clue is conclusive in proving lineage if there is similarity between the claimed child and the claiming party, however, If they  differed, it is a conclusive clue for the denial of lineage without any doubt.

Evidence from the Sharia on Authenticity of genetic Traits: 

1. That is a basic principle in Islam based on the hadith of the man from Banu Fazdrah who  came to the Messenger of Allah (saw), and said: 'O Messenger of Allah (saw), my wife has given birth to a black boy! The Messenger of Allah (saw) said: 'Do you have camels?' He said: 'Yes.' He said: 'What color are they?' He said: 'Red.' He said: 'Are there any grey ones among them?' He said: 'Yes, there are some grey ones among them.' He said: 'Where does that come from?' He said: 'Perhaps it is hereditary.' He said: 'Likewise, perhaps this is hereditary! "
2-as well as the consensus of the majority of scholars
who agreed on the use of Qiyaafa (tracking some signs to establish lineage) to establish lineage  by using the apparent signs that are known to the tracker. As it stated in the hadith of Mujazzaz Al-Mudliji in the story of Uthaama Ibn Zaid, and Zaid Ibn Haaritha (may Allah be please with them)

Ibn al-Qayyim (May Allah have mercy on him) said:  “the principles of the Sharia, its legal maxims and sound Qiyaas (legal Analogy) requires the consideration of similarities when connecting lineage and the sharia is keen in ensuring the connection of lineages (to the appropriate parenthood) and not interrupting them”  

The similarities or resemblance may serve  as evidence in the denial of a child as seen in the hadith of the woman who was cursed by her husband while she was pregnant, then Allaah's Messenger (sallAllaahu alayhi wa sallam) said: See to her if she gives birth to a white-complexioned child having dark hair and bright eyes; he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma. He said: I was informed that she gave birth to a child having dark eyelids, curly hair and lean shanks (the first descriptions), then the Messenger of Allah (may Allah be please with him) said: “ had it not been for what Allah had decreed in His Book, there would surely be a case between me and her), thus, he made resemblance an evidence for the denial of lineage.

Holding to the method of using resemblance and tracking of signs, (Qiyaafa) does not negate the use of hereditary traits (a modern scientific method). Rather, using hereditary traits is more appropriate as the rate of mistake in it is very rare as compared to (the ancient method of) using resemblance and tracking as they are based on conjectures and experience.
Jurisprudence does not prevent the usage of modern medical means to prove parentage or deny it. Just as The reliance on hereditary traits  on rejecting lineage does not opposed the clue of the bed (a legal clue that attribute a child to the one on whose bed it is born) if it is proved that the child born to the couple on their bed depending on the context of an apparent clue. This is because, working with genetic signs is only allowable (as a clue) if it does not militate against a stronger clue or proof, hence, if there occurred an opposition from a stronger clue such as (the concept of the ) bed (as explain earlier) then judgment is based on it,  because in working with clues, the strongest is preferred over the stronger , and in that order, and here, the clue of the bed is stronger because it had a backing of the hadith: “the child is to be attributed to one on whose bed it is born, and stoning for a fornicator



© 2015 - 2016 All rights reserved Islam Message