Authenticity of DNA in Producing Descent in Islamic and Iraqi Law
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 28 part 1, Pages 197-246
AbstractDNA is considered breakthrough in the field of medical development. It is the genetic structure that shows the identity of each individual. It means that almost invariably misrepresents the personality. The DNA is a recent proof of evidence that modern scholars have found difficult to measure. As proof of evidence of lineage, so they set rules that must be available to take the results of the DNA as a means of resolving the dispute about the sonship and paternity.In the field of positive law , specifically in the Iraqi Personal Status Law number. 188 of 1959, although the Iraqi legislator specified in Article 51 of the Personal Status Law the condition of proof of descent: 1 – it have to spend the contract of marriage less period of pregnancy, - There is no reference to the establishment of percentages by modern scientific means, including (DNA), and although the Iraqi evidence Act No. 107 of 1979 and Article 104 of which allowed the judge to take benefit from the means of scientific progress in the development of judicial evidence did not specify what means of scientific progress.Based on all of these data, this study was devoted to the study of the Authenticity of DNA in the determination of descent in Sharia, law and judiciary.
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