The Role of Genetic Evidence in Affiliation Proceedings

Document Type : Specialized Article

Authors

1 Assistant Professor of Islamic and Islamic Law Department of Shiraz University

2 Graduated from the Faculty of Law of the University of Shiraz

Abstract

In the last two decades genetic testing has been taken into consideration as a way of vindicating the claim of parentage; therefore, explaining its scientific and legal validity, is particularly necessary. The most recognized tests on the subject of proving lineage in proving genealogy are analytical testing of blood groups and DNA testing of course the latter has more scientific credible and certainty than others. Due to assurance that comes from testing, this question arises: Is it possible to give a verdict proving genealogy based on the aforementioned test? Because some are inclined to believe this view that it can be useful and as reliable as the reason of the presumption of marriage (Amareye farash). We are also faced with a second question that for whom will the validity and reliability of the result of this genetic test will be acceptable. The findings of the author of this article is that genetic tests, by themselves, cannot be used independently in affiliation proceedings, because they don’t lead to certainty. And if they do, the certainty of the test is different from judge's certain as to the affiliation. On the other hand this test can only show the blood relation not a legal and lawful relation and therefore its only use, can be in some cases like transposable of newborns.

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