The Legal Admissibility of DNA Fingerprinting in Establishing Paternity: A Comparative Jurisprudential Study

Abstract

This study examines the jurisprudential ruling on establishing paternity using DNA fingerprinting, being one
 of the most prominent modern scientific methods for identifying individual identity and biological connections. It explores the scientific reality of DNA profiling, outlines the recognized means of proving paternity in Islamic jurisprudence, and determines the scope of admissibility and application of DNA testing in paternity issues.

The research adopts a descriptive-analytical methodology by reviewing classical and contemporary scholars' opinions alongside medical studies related to DNA fingerprinting, analyzing jurisprudential evidence (Adillah), and correlating it with modern scientific findings.

The study concludes that despite the accuracy and definitive strength of DNA fingerprinting in determining biological paternity, it does not serve as an absolute proof in all paternity matters. Paternity (Nasab) is a Sharia-governed legal status subject to established principles and criteria, foremost among which is valid marriage (Al-Firash). Consequently, DNA testing cannot override valid marriage (Al-Firash), nor can its results negate a lineage established by it. Similarly, a child born out of wedlock cannot be legally attributed to the adulterer (Zani), even if their DNA profiles match.

However, in cases of uncertain lineage or paternity disputes, DNA fingerprinting may be applied in areas where legal reasoning (Ijtihad) and circumstantial evidence (Qara'in) are admitted—specifically replacing or bolstering traditional physiognomy (Al-Qafah). In such disputes, DNA evidence serves as one of the strongest modern means of weight-balancing (Tarjih) and may be prioritized over Qafah, acknowledgment (Iqrar), and testimony (Shahadah), provided no conclusive primary legal evidence exists. Finally, the research underscores the necessity of strictly regulating DNA testing in paternity contexts, restricting its use to genuine cases of need under the supervision of competent authorities.