Determining a Child’s Lineage through DNA Testing according to Nahdlatul Ulama and the Fatwa of Dar al-Ifta Egypt
DOI:
https://doi.org/10.19109/muqaranah.v9i2.30423Abstract
Lineage (nasab) occupies a crucial position in Islamic law as it is intrinsically linked to an individual’s rights, responsibilities, and social identity. Alongside the rapid advancement of modern technology, Deoxyribonucleic Acid (DNA) testing has emerged as a scientific tool capable of assisting in the legal determination of a child’s lineage. This study adopts a qualitative library research method. Primary data were drawn from the resolutions of the 31st Nahdlatul Ulama Congress and the fatwa of the Egyptian Dar al-Ifta, while secondary data were obtained from relevant scholarly books, journal articles, and supporting academic sources. The findings indicate that Nahdlatul Ulama acknowledges the potential use of DNA testing primarily to negate lineage (nafyu al-nasab), although it does not unequivocally accept it as independent proof to establish lineage (ilḥāq al-nasab). In contrast, Dar al-Ifta of Egypt affirms that DNA testing may be utilized as acceptable evidence for establishing lineage under specific circumstances, particularly when conventional legal mechanisms are unavailable or insufficient to provide certainty. Consequently, DNA testing should be positioned as a cautious, objective, and scientifically grounded complementary tool, particularly in complex cases where traditional evidentiary approaches face significant limitations. This study contributes to a deeper understanding of the perspectives of Nahdlatul Ulama and Dar al-Ifta Egypt regarding lineage determination through DNA analysis and serves as a useful reference for future scholarly discourse on this subject.
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