Author
Tengku Fatimah Muliana Tengku Muda, Siti Khatijah Ismail, Najmiah Omar
Publication Place
Kuala Terengganu: Sultan Zainal Abidin University Publisher -
Kuala Terengganu: Sultan Zainal Abidin University Publisher
Subject
DNA, Genetic screening, Islam, Islamic law, Muslims
Type
Book
Language
ara,eng,msa
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 2289-6325
Record ID
cdi_proquest_journals_2437138986
Library Location
ProQuest Central
Notes
One of the Dharuriyyat al-Khamsah in maqasid as-syariyyah is to protect the lineage (nasab). Among the mechanisms used under the Islamic law to determine lineage is by the application of the doctrine of al-walad lil firasy (the child belongs to the owner of the bed i.e a valid marriage). Nevertheless, of late, the application of modern technology through research of Deoxyribonucleic acid (DNA) is proven to be an accurate alternative in order to determine the biological relationship between an individual with the parent. This article attempts to identify the classical authority on this doctrine and the urgency to clearly recognize application of DNA tests in support of the doctrine. It also seeks to see existing law in Malaysia and decided cases on the issue of determining nasab. To meet these objectives, the document analysis method is used to analyse the authority on this doctrine as discussed in the classical books of fiqh. Apart from that, reference to the provisions in the Islamic Family Law Act is also made to achieve the objective. Among the findings of the research is that there is a crucialneed for the application of DNA testing in establishing lineage. Since Islam has put a great emphasis on the protection of lineage, the current law on determining parentage of a child should be considered for a reform.
Detaylı Başlık
Penggunaan DNA Bagi Penentuan Nasab al-Walad Li al- Firasy dalam Peruntukan Undang-undang Keluarga Islam di Malaysia
