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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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    Judge Zaidan clarifies the provisions of the denial of lineage

    rocky
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    Judge Zaidan clarifies the provisions of the denial of lineage Empty Judge Zaidan clarifies the provisions of the denial of lineage

    Post by rocky Mon 20 Feb 2023, 7:03 am

    [size=45][size=41]Judge Zaidan clarifies the provisions of the denial of lineage[/size]
     two hours ago
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    Today, Monday, the head of the Supreme Judicial Council, Judge Faeq Zaidan, clarified the provisions for denying parentage in a detailed article.
    Below is the text of the article:
    Lineage is considered the basis of the family structure in every society, where family members are linked by blood and unity, which is a great blessing bestowed by God Almighty on human societies, which made the subject of preserving lineage occupy an important place in the hearts of peoples and is one of the most important purposes of Islamic law.
    If a dispute arises between the spouses over the validity of the lineage of the child to his father, then according to the provisions of the Islamic Sharia, the denial of lineage is by (li’an). To prevent the punishment of the husband, if he slandered his wife without witnesses, or he wanted to deny the lineage of the child born of him, this is also a maintenance of the wife’s honor and a payment for punishment against her. When the husband accuses his wife of adultery without bringing four witnesses of the occurrence of adultery, in this case the judge asks him to swear four times (instead of the four witnesses) in order to ward off the penalty of defamation on his behalf that he is one of the truthful in his case against his wife, then he swears a fifth time by saying (May God curse me that I was one of the liars) that is, in what he accused his wife of adultery. And for the wife to say four times (I testify by God that he is a liar in what he accused me of adultery) and she says on the fifth (God's wrath on me if he was truthful in what he accused me of adultery).
    As for the genetic fingerprint, it indicates what children inherit from their parents in terms of characteristics that define their identity and distinguish them from others. The genetic fingerprint is one of the recent developments in biology that can be used in the medical and forensic fields, in addition to its importance in proving or denying lineage in the legal aspect.
    And peace be upon him (and whoever introduces something into this matter of ours that is not from it, it will be rejected). As for the second argument, it is from the honorable Sunnah of the Prophet, where the Messenger, may God’s prayers and peace be upon him and his family, said (The child is for the bed and the fornicator is the stone).

    As for the second section of the jurists, it went to the permissibility of relying on contemporary scientific facts in denying lineage, and their argument from the same verse is that the husband resorts to li’aan when he does not find witnesses.
    And from the practical facts when we worked in one of the personal status courts in 1999, we were presented with a lawsuit denying the paternity of a child whose father claimed that she was not his daughter from his wife, the defendant, based on the report of the Medico-Legal Institute, which includes the inconsistency of the genetic factors of the child with the genetic factors of the plaintiff husband and their conformity with the genetic factors of his wife, the plaintiff Only on her, and the reason he relied on in his lawsuit was the suspicion that the child was not attributed to him, since she was born nine months before the date of his consummation of marriage with his wife.
    And after we listened to the arguments of the two parties to the case, we concluded that the main reason for the doubt for the plaintiff husband is the duration of pregnancy, being less than nine months. هي ستة أشهر بإجماع الفقهاء المسلمون استدلالا بالآيتين الكريمتين الأولى من سورة الاحقاف (وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ إِحْسَانًا حَمَلَتْهُ أُمُّهُ كُرْهًا وَوَضَعَتْهُ كُرْهًا وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْراً) والآية الثانية في سورة لقمان (وَفِصَالُهُ فِي عَامَيْنِ) فإذا كانت مدة الفصال وهو الفطام عامين فتبقى للحمل ستة أشهر وهذه The period is medically fixed, and it follows that the lineage of the child is established by his father at the time of marriage if he was born for six months or more.Therefore, we did not rely on the medical report, and we decided to dismiss the lawsuit of the plaintiff, the husband, who challenged the decision before the Court of Cassation, which at the time approved the decision because it was in accordance with Sharia and the law.
    Likewise, a website entitled (Parliamentary) on February 18, 2023 published a judicial ruling on denying parentage through DNA, where it indicated that the Kafr Shukr Criminal Court in Egypt issued a ruling in 2017 rejecting a lawsuit denying the lineage of a minor, despite the fact that the father was sure that the minor was not affiliated with him through Genetic fingerprinting (DNA) is based on the fact that denial of parentage is not by referral to forensic medicine, but by (li’an) only. It is noted that the aforementioned court relied on the same reasons that we relied on in the year 1999 regarding the minimum period of pregnancy, which is six months, which is the saying of Imam Ali Ibn Abi Talib, peace be upon him, which was said by jurists of different sects, as evidence of the two noble verses mentioned in our aforementioned decisions.
    The Egyptian Court of Cassation approved the aforementioned decision and held that (referring the case to forensic medicine is a procedure that contradicts the validity of the law, which relied on the Hanafi school of thought as a legislative reference if a legal text was devoid of regulating a specific issue. Apostasy once again to deny what had been established in Shari’a, because that exposes the negation of lineages in accordance with the desires of the spouses, which is what no one of the jurists said despite their differing opinions. This is not by referring to forensic medicine, but by conducting (li’aan) between the spouses to negate the lineage of the young, and in that its legal support is from the verses of li’aan contained in Surat al-Nur, which are definitive texts that do not include ijtihad with the clarity of the text in them, and what is introduced in the contemporary scientific text does not enter into them. One of the techniques that God teaches at the time when He initiated in His Noble Book the verses (Al-La’aan) and if the servants’ purpose is to memorizeالانساب فان مراد الله في هذا هو اعظم شأناً واكمل علما بما لا يمكن ان يدركه بشر اذا عجز عن اداركه وفي ذلك قوله سبحانه وتعالى (إِنَّمَا كَانَ قَوْلَ الْمُؤْمِنِينَ إِذَا دُعُوا إِلَى اللَّهِ وَرَسُولِهِ لِيَحْكُمَ بَيْنَهُمْ أَن يَقُولُوا سَمِعْنَا وَأَطَعْنَا وَأُولَٰئِكَ هُمُ الْمُفْلِحُونَ)).
    And it is mentioned that the Egyptian Dar Al-Ifta has the same opinion, which is (that denying lineage by genetic fingerprint is not permissible in Islam because the analyzes are likely to be wrong.
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