ISLAMIC LAW OF PATERNITY BETWEEN CLASSICAL LEGAL TEXTS AND MODERN CONTEXTS: FROM PHYSIOGNOMY TO DNA ANALYSIS

This paper investigates the extent to which reliance on DNA analysis for paternity verification conflicts with the Islamic law of paternity. More particularly, it seeks to examine the extent to which DNA testing can be equated with the classical method of physiognomy (qiyāfa) as its modern equivalent. Depending on whether such a relationship can be drawn, Sharīa ruling on the former will be no different from its ruling on the latter. Although the majority opinion of modern Muslim jurists recognizes DNA testing as a reliable scientific method that can be used, to varying degrees, for paternity verification, such recognition is made by appeal to Islamic legal methodology and within the boundaries defined by it. The paper thus illustrates not only the extent to which DNA analysis is legitimized but also the efforts of Muslim jurists to enable the Islamic law of paternity to cope with modern scientific challenges. © 2013 The Author.