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ڈی این اے شہادت پر علماء کے مؤقف کا تجزیاتی مطالعہ: AN ANALYTICAL STUDY OF THE SCHOLARLY OPINIONS ON DNA EVIDENCE IN ISLAMIC LAW


Article Information

Title: ڈی این اے شہادت پر علماء کے مؤقف کا تجزیاتی مطالعہ: AN ANALYTICAL STUDY OF THE SCHOLARLY OPINIONS ON DNA EVIDENCE IN ISLAMIC LAW

Authors: Kiran,Mujeeb Rehman Solangi,Dr Murad Ali Danish,

Journal: Al-Aasar

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31

Publisher: Al-Anfal Education & Research

Country: Pakistan

Year: 2025

Volume: 2

Issue: 2

Language: en

DOI: 10.63878/aaj555

Categories

Abstract

Islamic law of evidence presents a comprehensive and inclusive system founded upon justice, caution, and the protection of human rights. In Islamic Shari‘ah, particularly in serious criminal matters such as hudud (fixed punishments), qisas (retribution), and zina (fornication or adultery), extremely strict standards of evidence have been established to ensure that no innocent person is wronged. In this context, modern scientific advancements especially DNA testing and other forensic methods have opened new avenues for proof and testimony in judicial proceedings. This has sparked intense scholarly and juristic debate: Can DNA evidence be accepted as valid proof under Islamic law? And if so, what are the boundaries and conditions of its admissibility?Jurists from various schools of Islamic thought have thoroughly examined this issue and presented diverse opinions. Some scholars accept DNA as a form of qareenah qawiyyah (strong circumstantial evidence), while others argue that it cannot independently meet the rigorous standards required for evidence in Islamic jurisprudenceespecially in the application of hudud. This divergence in opinion arises from the interaction between traditional principles of Islamic evidence law, established legal maxims (such as "al-yaqīn lā yazūl bil-shakk""certainty is not overruled by doubt"), and contemporary scientific methodologies.This article presents an analytical study of these positions in the light of classical jurisprudential sources, contemporary fatwas, and the findings of Islamic legal research institutions. It aims to assess the extent to which DNA evidence can be considered authoritative in the Islamic judicial system, while also examining the practical and legal implications involved striving for a balanced and realistic understanding of the issue.


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