Jurisprudential validation of medical test data from an expert perspective in the assumption of non-scientificity in contrast to the Shariah Emirate with a comparative approach to DNA testing

Document Type : Original Article

Author

Researcher in the Medical Jurisprudence Department of the Imams (AS) Jurisprudential Center

10.22091/rcjl.2025.13960.1266

Abstract

In Islamic Sharia, the Farash rule is an emirate that the lawgiver has established to determine lineage and considers the child to be a member of the Sharia couple and has abolished all other emirates. In the present era, with the advancement of genetic science and the uniqueness of each individual's genome, it is possible to identify his or her identity, and therefore, the identification test is performed with high accuracy that has a result that is as good as science. In this article, it is stated that, considering the inherent authority of science, if these results conflict with an emirate such as the Farash rule, it is natural that it takes precedence over the emirate.

However, if the results of the aforementioned tests are not scientific and reliable, if there is doubt, they can be placed under titles such as Sharia evidence and expert opinion, which are titles that are considered Sharia evidence and can in some cases take precedence over the Farash emirate.

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