Using DNA fingerprinting

21-9-2003 | IslamWeb

Question:

What is the position of Shariah in respect of using DNA fingerprinting in criminal cases in Shariah courts?

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. The use of such means (DNA - deoxyribonucleic acid) is based on the fact that each human being is characterized by certain traits in terms of his genetic order in every cell in his body, which is not shared by anybody else. So it is one of the decisive characteristics which can be reliable as a criterion. For this reason, the conference held by the Islamic Organization for Medical Sciences concluded that the genetic print should be taken into consideration in any attempt to make deduction (to judge on something in light of other indications and clues) in matters like determining a disputed lineage of someone. Yet, such means (DNA) is not void of some doubts, on the basis of which those who convened stipulated certain regulations in using it. Among them are: 1) No test should be conducted unless by the consent of a specialized judge. 2) The test is not to be conducted more than once or in more than one recognized laboratory. 3) Proper measures should be taken as to avoid that the laboratory which conducts the test knows the result of the same test conducted in another laboratory. With potential doubts, such standards cannot be relied on in implementing the Hudud (fixed major punishments) for they are warded off by doubts. Thus such standards cannot be reliable in reasoning about someone's lineage which should be as for the Prophet (peace be upon him) settled it. Allah knows best.