İslâm Aile Hukukunda DNA Parmak İzi Testi İle Nesebin Reddi

There are two ways to deny the lineage of a child who was born in marriage contract in classical Islamic legal doctrine. The first is to sue in court by husband accusing his wife by adultery. In this case, both the wife and husband swear properly (liʿān / mulāʿana) in the court opened and as a result of the court, the child’s lineage falls from husband. The second is that there are certain special circumstances that are inevitable for the child to be born in marriage from husband in terms of reason and science/ medical point. In such a case, the husband has the right to sue the denial of lineage without the need for a liʿān/mulāʿana application. Nowadays (recently), with the development of science and technology DNA fingerprinting is used as a means of proof in proving the lineage and denying the lineage. Contemporary Islamic law researchers have stood on the issue of the determination or denial of lineage with DNA fingerprint test. This study will focus only on “Denial of Lineage/Paternity by DNA Fingerprint Test in Islamic (Family) Law”. In Islamic Law has given great importance to determine a lineage truthfuly, and the right for husband to refuse the lineage of a child, who was born in marriage contract as long as the child was from somebody else. There are two ways to deny the lineage of a child who was born in marriage contract in classical Islamic legal doctrine. The first way is the method known/called as liʿān/mulāʿana. As a legal term the liʿān/mulāʿana is both the wife’s and husband’s swearing in the court opened for denial of lineage (liʿān) after the husband’s blaming his wife for adultry (qazif). The second way which makes the child's paternity impossible to husband are conditions such as knowing with certainty that the woman got pregnant from someone else before mariage contract or her giving birth after marriage contract before six month completed; realizing that the husband could not have (was not able to have) a child because of his biological and/or physiological defects (disabilities) and/or the sexual intercourse between the husband and wife is not possible. In such circumstances, the right to refuse the lineage of this child who was born in marriage contract has been legitimated to the husband without liʿān. Nowadays (recently), with the development of science and technology, DNA fingerprinting is used as a proof in denial or approval of the lineage cases. DNA fingerprint is defined as the genetic code transmitting from parents to chil