DNA testing-In the light of Shariah

DNA testing-In the light of Shariah

Allah (Subhanahu Wa Ta'ala) has granted human beings superiority over all other creation and has created man in the best possible form. Allah's wisdom shows through the design of the human body. Allah (Subhanahu Wa Ta'ala) says:Sajdah-53

In the same way the body systems like the digestive system, the circulatory system, the digestive system, the immunity system etc. all show the power of Allah (Subhanahu Wa Ta'ala). Among the signs of Allah (Subhanahu Wa Ta'ala) is DNA, which is hidden in each and every cell of the human body.

It is the wisdom of Allah (Subhanahu Wa Ta'ala) that the DNA in the cell carry the whole secrets of that particular person. Allah (Subhanahu Wa Ta'ala) says: Qamr-49.

Again Allah (Subhanahu Wa Ta'ala) says: Ra'ad-08

According to the research of scientists, by "reading" the DNA of a person, that person's past, present and future medical defects and defects of personality can be identified. It can be identified as to in which area that person is skilled and how good is he/she in that area. In the DNA, all these things are "coded." This astonishing discovery is a great sign of the power of Allah (Subhanahu Wa Ta'ala). For centuries, human beings have been living with the realization that the more they reflect about nature and about themselves, the signs of Allah (Subhanahu Wa Ta'ala) in nature will reveal themselves all the more.

DNA test is being as evidence in many countries to decide cases of murder, rape etc. Now we have to see what is the status of DNA test in Shariah? In what cases and up till what extent, the Shariah accepts DNA as evidence?

Some questions come to mind here:

1. What is the status of DNA test? What is the status of its findings? Can anyone perform a DNA test of anybody?
2. If there is difference of opinion between the husband and the wife about the paternity of the child, can DNA test be used to resolve it?
3. If the paternity of a child is not known and many people forward their claims, then can DNA test be used to resolve such issues?
4. Can DNA test be used to establish rape?
5. Can murder be proved on the basis of DNA and if done, will "Qasas" become compulsory?
6. If the DNA test shows that the husband is psychologically challenged, can the wife demand that the marriage be annulled?
7. Can DNA test be used to find out the character of the prospective husband and wife? Can it be used if there is a chance of any dangerous disease? To answer these and such questions, we are making a modest effort. May Allah (Subhanahu Wa Ta'ala) guide us.
DNA is Deoxyribonucleic acid, where "De" means to lessen. "Oxy" is oxygen, "Ribo" is a kind of sugar, "nucleic" signifies that it is related to the nucleus of the cell and acid.

"Ribo" has been derived from the
It is a hereditary "matter," which is present in every live entity in the innumerable cells found in the body.
DNA was discovered in 1869 by a Swiss physician Frederick Miescher. It was Alec Jeffries who presented a paper in the Leicester University in London and proved the use of DNA in forensics i.e. its use as evidence in such cases as mentioned above.

What is DNA?

The way the webpage seen is in fact running on the html codes behind it, in the same way, the appearance and the functioning/behavior of each human being is coded into the genetic code in to the DNA. This whole story of life is called "genotype." The relationship between the external appearance/behavior and the genetic code is like the program which runs on the TV only as per the script i.e. the program itself is the external appearance/behavior and the DNA is the script.
DNA is a macromolecule, which comprises of carbon, oxygen, hydrogen, phosphorus and other such chemicals. It is present in each cell.
The chromosomes which the child gets from the parents, are present in that child forever.
Answers to the questions:

A DNA test is in itself not the Shariah, but can be used as a theory and hypothesis. It is not in itself evidence, but can be used to investigate the crime and can help in judging someone. The accused can be forced to confess on the basis of DNA, but punishments cannot be made on the basis of DNA.
Allama Wahba Zuhaili writes:

Translation: DNA is not a complete evidence of a crime, but may be used in judging the crime and in investigating it. An accused can be forced to confess his/her crime on the basis of this.

Islam allows each and every person to live their own lives. No one has the right to peek into their private affairs. Islam accords such importance to this that one may not even enter other's house without proper permission. The Holy Quran warns against On this basis, it may be said that anyone cannot be allowed to test anyone else's DNA. This will sow the seeds of suspicion in the society and the results will be disastrous. However, for legal reasons, on the orders of judge, a person's DNA may be tested. Also, getting one's own DNA test will be considered excessiveness and wasting of resources.

Can DNA testing be a substitute for a witness?

If in matters, where stringent punishments are to be handed out, like cases of murder or rape, the required number of witnesses are lacking, then can DNA testing be used in place of witnesses? All said and done, DNA testing is a test, which cannot be a substitute of a just human being. However, in those cases where only one person is required as a witness, in those cases DNA testing can be used as has been described.

If there is difference of opinion between the husband and the wife about the paternity of the child, can DNA testing be used to establish paternity?

The importance of paternity

Paternity is a great ni'mah of Allah (Subhanahu Wa Ta'ala). Lack of paternity will bring untold problems into the society. Paternity is that strong bond, which binds us all.
Paternity establishes relationships and it is only on the basis of relationships that we treat our relatives in the best possible manner. Allah (Subhanahu Wa Ta'ala) says about paternity: Furqan-55

Allah (Subhanahu Wa Ta'ala) warns us not to
Ahzaab-04
Many important issues of the Shariah are based on paternity. Issues like marriage, inheritance etc. can be decided only on the basis of paternity. We see that the more a thing is used, the easier it is to get it. For this reason, the Shariah has made establishing paternity very easy.
The Shariah principles for establishing paternity:

In this matter the principle of the Shariah is that the marriage of a lady decides the paternity of the children i.e. the children of a particular lady will be considered the children of her husband. The Holy Prophet (Sallallahu alaihi wa sallam) has given the absolute law for establishing paternity. He (Sallallahu alaihi wa sallam) said:
Translation: The child will be considered of "Sahab-e-Firash" (Lit. the master of the bed and in Shariah terminology implies the husband of the lady) and the adulterer will be given the stone. (Sahih Bukhari, Hadith No: 6319; Sahih Muslim, Hadith No: 2646)

This is concise, yet comprehensive. More than 20 Sahabah have narrated this Hadith and thus, most of the Muhaddithin (Hadith-Expert) consider it to be a Mutawatir (Frequently-occurring) Hadith.

The jurists (Fuqaha) of the Hanafi school of Fiqh have said in the light of this Hadith that even though the wife may live in east and the husband in the west, and the wife delivers, even then the child will be considered of the husband's, regardless of whether they have met or not.

On the basis of this Hadith, the Fuqaha of the Hanafi school of Fiqh say that the proof of paternity is "Sahab-e-Firash" which is established in 4 cases:
1. Valid Nikah.
2. Invalid Nikah.
3. Mistaken intercourse.
4. "Milke Yameen" (The slave girls of a master)
Valid Nikah:

In the opinion of the Hanafi Fuqaha, Nikah is taken as the proof of paternity even if the husband did not consummate the marriage. As given in Bada'i Us Sana'i.
Invalid Nikah:

An invalid Nikah i.e. Nikah Fasid is also taken as the proof of paternity. However, the time of paternity will be decided from the time of intercourse.
Mistaken intercourse:

If someone as sex with a lady mistaking her for his wife, then the paternity of that child will be the man who had sex with the lady.
Milke Yameen:

A slave girl is the property of the master. The first time a slave girl delivers, the master will be considered as the father of the child if he accepts it. Once a slave girl delivers, she becomes "Ummul Walad" and for the subsequent children, the acceptance of the master is not at all required, but if the master denies the first time itself, then the paternity will not be established.

The minimum and maximum time required for establishing paternity:

The minimum time for establishing paternity is 6 months and the maximum time is, as per the Hanafi Fuqaha, 2 years.
I.e. if a child is born 6 months after marriage, then mother's husband will be considered the child's father. Similarly, if the lady's husband divorces her or if her husband dies, then if the lady has not married for 2 years, then any child within 1 1/2 to 2 years will be considered the child of the (former) husband. Such a child will not be called "Waladul Haram." People who jump to conclusions and start talking about the character of the lady commit a grave sin. The Shariah has given strict warning against this.

Apart from this there are 2 other methods to establish the paternity:
1. Acceptance.

2. Witness.

If the husband says that this is his child or any man or woman gives the evidence, then the child will be considered to be of the particular person.

If the husband accuses the wife of infidelity and cannot bring forth 4 eyewitnesses, then the DNA test will not be considered as proof and the child will be considered to be of the husband. Say, years after that when the inheritance is being divided, the children of the other wife cite the previous accusation and bring a DNA test, then regardless of what the DNA test shows, the child will be considered to be of that person and will receive the lawful share of the inheritance.

That the paternity of a child is the "Sahab-e-Firash" is as per this Hadith of Sahih Bukhari:
Translation of Hadith: It has been narrated on the authority of Hadhrat Aisha Siddiqua (May Allah be well pleased with her) that Utba bin Abi Waqas made his brother Hadhrat Sa'ad Abi Waqas (May Allah be well pleased with him) that the child of the slave girl of Zama'a is my child. You should take that child. When Makkah was conquered, Hadhrat Sa'ad took that child and said: This is my nephew. 'Abd bin Zama'a said this is my brother. Both of them went to the Holy Prophet (Sallallahu alaihi wa sallam). Hadhrat Sa'ad said: O Prophet of Allah (Sallallahu alaihi wa sallam)! My brother had taken a promise from me about this child. 'Abd bin Zama'a said: This is my brother. He is the child of my father's slave girl and was born on his bed. The Holy Prophet (Sallallahu alaihi wa sallam) said: O 'Abd bin Zama'a! That child is yours. The child is of the "Sahab-e-Firash" and adulterer, there is the stone. Then He (Sallallahu alaihi wa sallam) said to Sauda bint Zama'a. Don’t see the child, as He saw that the child had a resemblance to Utba. Thus, Hadhrat Sauda (May Allah be well pleased with her) never saw the child to the extent that the child passed away to the presence of Allah (Subhanahu Wa Ta'ala). As per another narration, the Holy Prophet (Sallallahu alaihi wa sallam) said: O 'Abd bin Zama'a, he is your brother because he was born on the bed of your father. (Sahih Bukhari and Sahih Muslim)

The Fuqaha do not take into consideration even the strongest hypothesis against the Hadith, as shown here:
Translation: Don’t you know that if a man who lives in west marries a woman who lives in the east and the journey between their residences takes 6 months to complete and the women delivers a baby just after 6 months have passed, even then the child will be considered to be of the mother's husband, as it is given that the child is of the "Sahab-e-Firash." Though in such a case, it is almost impossible for the couple to be together, still the paternity will be established for the husband. This may be possible through a miracle. (Majmu'a Rasail Ibn Abideen Shami, Vol. 2, Pg No. 128)

If the husband and the wife are so far that the journey itself takes 6 months, and even then the child will be considered to be of the husband, then proofs like the resemblance of the child to someone else or DNA testing are all the more not considerable. Thus, when the "Master of the bed" is there, neither physical resemblance will be considered nor DNA testing, DNA testing will not be performed even and the child will be considered to be of the "Sahab-e-Firash."
If there is such a situation, that the paternity of the child is not known like those children which are found somewhere and the responsible people are not known or if in the hospital, the babies get mixed up and there is no way to recognize them, then if any person puts forward a claim for the child, then in light of the above mentioned principles, that person's claim may be accepted. But if there are many claimants or if there is only 1 person, but he does not have the required proof, then can we accept DNA testing as a hypothesis and can paternity be established through this?
Before presenting the solution of this, we will present the principles of the 4 Imams of Fiqh about hypothesis, so that the answer will become clearer.
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