Denial of paternity with DNA fingerprint test in Islamic Family Law

Abstract

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 (lian/mulaana) 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 lian/mulaana 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".