The opinion of Dr. Ali Gomaa Mufti of Egypt:
Which is the Islamic jurisprudence is that the descent by the mother is proven, of course, the child becomes the son of this woman by birth, but it proves between the son and his father Sharia, not of course, and this is agreed upon in Islamic jurisprudence throughout the ages; and therefore the rush to prove the descent to the son of adultery This has nothing to do with the use of DNA analysis, since the use of this analysis leads to things that can be legitimately adopted, not with the recognition of adultery, but to separate the deductions other than the issue that these analyzes fall under the recognition of adultery. Many pictures in this regard:
The first picture is the picture of a man and a woman who have both recognized adultery. In this case, the judge can not legitimately prove the child's relation to that man, whether that man admits that this child is from him or not.
The second is that a man and a woman who has no legal impediment came to the judge and asked him to attribute a child to them. The judge has the right to attribute the child to them without looking for a valid marriage contract or a corrupt or suspicious relationship. Between the child and the man .. But he believes their approval, and the difference between this picture and the image that accepted, that in the first picture have read together adultery,
* The second picture: have been silent, and wanted to be followed by a child, and here the judge must follow this child as if he had assumed that he came after a valid contract or a contract or corrupt suspicion.
The third picture is that a person comes and admits that this child is from this woman who is before the judge. Then the judge finds that the two of them are haraam, which also forbids marriage. He is the one who takes the so-called incest. This person may be her father or her brother or her uncle or so. The judge, because he became certain of what happened, is only a case of adultery, except in one case only, which is to say that it was because of the suspicion that he did not know or know the forbidden relationship of marriage, and all these images do not need to The "DNA"
The fourth picture is that a woman comes and claims before the judge that a man has married her in a proper marriage and can not prove that the marriage is valid, and that her legal conditions - as she claims - since the witnesses have been absent from travel or death or so, but the man denies And claims that he does not know this woman and did not close her, and in this case, which is essentially the case of a marital claim proved by the woman and denied by the man may use "(DNA)" - in our opinion - as this will prove things:
1 - the error of denial of the man if the analysis proves that this child of him.
2 - is a presumption of the truth of women in the marital claim, and the claim of cohabitation, and the claim that the person who was with this man was not adultery .. but it was a marriage, because if we took the course of the man's ratification to describe what was between them as adultery, and put us child, although we took a course And this is the case of the fear of people, especially men of adultery; because it does not guarantee that the adultery will be borne by it, and then claims the marriage, which will be verified by the judge in this way, "In this case, adultery is prevented and the wicked are prevented from doing so.
* The fifth picture: that the man and the woman together to build the child, comes another Caloli, or the heir means those who hope to be a heir, and to dispute the proportions of that child to them, and the pieces of suspicion and suspicions we resort to the analysis of "DNA" .
Moreover, "DNA" is agreed upon by the jurists if children are mixed in a hospital, after natural disasters or after war, there is conflict between families, or need to know the parents of these children and their families, and so on.
All this is on the condition that the analysis of "DNA" in terms of printing, in terms of examiners, in terms of machines used, and in terms of writing reports, and on the one hand, the boom, and the Bank of the fingerprint in a country to the certainty and evidence, If there is no certainty, it is not permissible to rely on it except insofar as the judge sees it as a presumption.
And we have seen that we have not adopted adultery, and the adoption of the "DNA" to be one of the evidence that proves the marital claim is a new opinion, and diligence, we hope that God to be true, if it is so ask him reward and reward, and if otherwise, this is the amount of knowledge and expand Our energy.
As for saying that the analysis of "DNA" is not used to prove the proportions of the son of adultery is from the old jurisprudence and is not consistent with the age and does not fulfill the principle of concealment, the answer is twofold: the first is that adultery is not considered and incest can not be solved. The problem, what if adultery father or brother Bnnt ?, we now if we recognize the proportions of the child of adultery we will be in front of a situation where we will differentiate between people, adultery between men and foreigners is not supported and prohibited, and adultery between father and daughter, brother and sister is not supported and haram, is it reasonable to say First we prove the descent, and in the second we do not prove the descent ?! If we want to prove the ratios of each adultery, we will raise the system of kinship is the first pick in the elimination of the human meeting .. So when I do not adopt adultery I do not commit a crime .. On the contrary, I maintain the human meeting.
And the other side is the image of the unknown father and mother originally, what do we do, and anything we attribute, then the problems of the child who came out of the legitimate dependence of many images will not solve all, and we try to solve them as much as possible - as we provided - A very large sect, and tries to protect society from adultery, while at the same time does not depart from the inherited jurisprudence, and does not come out of justice and equality, which are necessary to achieve equity among people.
