The opinion of the Islamic jurisprudence complex in the use of DNA fingerprint held in Makkah from 21-26 / 10 / 1422H
The Council has issued a number of recommendations and resolutions that legitimize the process of taking DNA as a physical evidence in criminal cases and filings. Many judges find it somewhat embarrassing to use this genetic DNA as a guide to criminal judgment in criminal cases, The existence of a jurisprudential consensus on the legality of the use of genetic DNA in criminal cases, and the issues of disputed descent.
The text of these resolutions, which were issued at the close of the session, is as follows:
Decision VII: On DNA and its areas of clearance.
Praise be to God alone and prayers and peace be upon those who do not have a prophet after him,
The Council of Islamic Jurisprudence at its sixteenth session held in Makkah in the period from 21-26 / 10 / 1422H, approved by 5-10 / 1/2002, and after consideration of the definition that was previously adopted by the Council at its fifteenth session .. The text reads:
(DNA) is the genetic structure - relative to the genes, that is, the genes - that indicate the identity of each individual person. Scientific research and studies have indicated that it is scientifically a precise means to facilitate the task of forensic medicine.
It can be taken from any cell (human) of blood, saliva, semen, urine or other.
After reviewing the contents of the report of the committee, which was commissioned by the council at the fifteenth session, to prepare it through conducting an extensive field study of the genetic fingerprint, and to get acquainted with the researches presented by the scholars, doctors and experts and to listen to the discussions that took place around it, (Blood, semen or saliva), which are found in the scene of the accident to the owner, are much stronger than the normal standard (which is to prove the ratios of the semi-physical presence between the parent and the branch) ), Etc. A footprint in the DNA is not likely in terms of it, but the error in human effort or pollution factors and so on.
Based on the above, he decided the following:
First: It is not lawful to rely on DNA in the criminal investigation and to be considered as a means of proving in crimes that do not have a legal limit or a punishment for the news. Purposes of the law .
Second: The use of DNA in the field of descent must be surrounded with utmost caution, caution and confidentiality and therefore must provide texts and rules of legitimacy on the DNA.
Thirdly, it is not permissible to rely on DNA to deny descent, and it is not permissible to give it to al-La'an in Surat al-Nur.
Fourth: It is not permissible to use the DNA in order to ascertain the validity of the fixed lineages in Sharia and the competent authorities must prevent it and impose the penalties that are harmful, because in that prevention, the protection of the symptoms of people and the maintenance of their offspring.
Fifth: It is permissible to rely on DNA in the field of proof of descent in the following cases:
(A) Cases of conflict over unknown persons in the various forms of conflict mentioned by the jurists, whether the dispute is over unknown persons because of the absence or equality of the evidence, or because of the participation in insulting the suspicion and the like.
B - Cases of suspected birth in hospitals, child care centers and so on as well as suspicion of pipe children.
C - Cases of loss of children and their mixing, because of accidents or disasters or wars and the inability to know their parents, or the existence of bodies could not be identified, or to verify the identities of prisoners of war and missing.
Sixthly: It is not permissible to sell the human genome to a sex, to a people or to an individual, for any purpose, and it is not permissible to sell it to any party for the consequences of selling it or giving it harm.
Seventh: The Fiqh Council recommends the following:
A. The State shall prevent the examination of DNA only at the request of the judiciary and be in the laboratories of the competent authorities, and prevent the private sector for profit from conducting this examination, because of the consequent major risks.
B) To establish a committee on DNA in each country, in which the legal, medical and administrative specialists shall participate, whose task shall be to supervise the results of the DNA and to approve its results.
C) A precise mechanism should be put in place to prevent plagiarism and fraud, to prevent pollution and all related to human effort in the field of DNA labs, so that the results are consistent with reality, to verify the accuracy of the laboratories and to have the number of genes used To the point of doubt.
May Allah bless our Prophet Muhammad.
Jurisprudence .. There was no higher voice than the problem of proving descent during the current era.
How to prove human proportions? What are the roots of jurisprudential vision in the process of proof? How will it vary? What does bedding mean and what is meant by acknowledgment? In several ways, history has moved from the vagaries of the evidence to the fact that these methods have reached what we call DNA or what we can bring to the reader by saying (comparing passages).
The Council has issued a number of recommendations and resolutions that legitimize the process of taking DNA as a physical evidence in criminal cases and filings. Many judges find it somewhat embarrassing to use this genetic DNA as a guide to criminal judgment in criminal cases, The existence of a jurisprudential consensus on the legality of the use of genetic DNA in criminal cases, and the issues of disputed descent.
The text of these resolutions, which were issued at the close of the session, is as follows:
Decision VII: On DNA and its areas of clearance.
Praise be to God alone and prayers and peace be upon those who do not have a prophet after him,
The Council of Islamic Jurisprudence at its sixteenth session held in Makkah in the period from 21-26 / 10 / 1422H, approved by 5-10 / 1/2002, and after consideration of the definition that was previously adopted by the Council at its fifteenth session .. The text reads:
(DNA) is the genetic structure - relative to the genes, that is, the genes - that indicate the identity of each individual person. Scientific research and studies have indicated that it is scientifically a precise means to facilitate the task of forensic medicine.
It can be taken from any cell (human) of blood, saliva, semen, urine or other.
After reviewing the contents of the report of the committee, which was commissioned by the council at the fifteenth session, to prepare it through conducting an extensive field study of the genetic fingerprint, and to get acquainted with the researches presented by the scholars, doctors and experts and to listen to the discussions that took place around it, (Blood, semen or saliva), which are found in the scene of the accident to the owner, are much stronger than the normal standard (which is to prove the ratios of the semi-physical presence between the parent and the branch) ), Etc. A footprint in the DNA is not likely in terms of it, but the error in human effort or pollution factors and so on.
Based on the above, he decided the following:
First: It is not lawful to rely on DNA in the criminal investigation and to be considered as a means of proving in crimes that do not have a legal limit or a punishment for the news. Purposes of the law .
Second: The use of DNA in the field of descent must be surrounded with utmost caution, caution and confidentiality and therefore must provide texts and rules of legitimacy on the DNA.
Thirdly, it is not permissible to rely on DNA to deny descent, and it is not permissible to give it to al-La'an in Surat al-Nur.
Fourth: It is not permissible to use the DNA in order to ascertain the validity of the fixed lineages in Sharia and the competent authorities must prevent it and impose the penalties that are harmful, because in that prevention, the protection of the symptoms of people and the maintenance of their offspring.
Fifth: It is permissible to rely on DNA in the field of proof of descent in the following cases:
(A) Cases of conflict over unknown persons in the various forms of conflict mentioned by the jurists, whether the dispute is over unknown persons because of the absence or equality of the evidence, or because of the participation in insulting the suspicion and the like.
B - Cases of suspected birth in hospitals, child care centers and so on as well as suspicion of pipe children.
C - Cases of loss of children and their mixing, because of accidents or disasters or wars and the inability to know their parents, or the existence of bodies could not be identified, or to verify the identities of prisoners of war and missing.
Sixthly: It is not permissible to sell the human genome to a sex, to a people or to an individual, for any purpose, and it is not permissible to sell it to any party for the consequences of selling it or giving it harm.
Seventh: The Fiqh Council recommends the following:
A. The State shall prevent the examination of DNA only at the request of the judiciary and be in the laboratories of the competent authorities, and prevent the private sector for profit from conducting this examination, because of the consequent major risks.
B) To establish a committee on DNA in each country, in which the legal, medical and administrative specialists shall participate, whose task shall be to supervise the results of the DNA and to approve its results.
C) A precise mechanism should be put in place to prevent plagiarism and fraud, to prevent pollution and all related to human effort in the field of DNA labs, so that the results are consistent with reality, to verify the accuracy of the laboratories and to have the number of genes used To the point of doubt.
May Allah bless our Prophet Muhammad.
Jurisprudence .. There was no higher voice than the problem of proving descent during the current era.
How to prove human proportions? What are the roots of jurisprudential vision in the process of proof? How will it vary? What does bedding mean and what is meant by acknowledgment? In several ways, history has moved from the vagaries of the evidence to the fact that these methods have reached what we call DNA or what we can bring to the reader by saying (comparing passages).
