Negating the lineage between science and Islamic law (2)

And up to what we started from a conversation about the thorny issue raised by the issue of denial and proof of descent, and we explained in our previous article that the Personal Status Law stipulates that descent is established by the bed (and what is meant by the bed is a legal marriage contract), and also proven by the approval of the father or the legal evidence, which is all that shows the right It appears, and it is also proven by scientific methods, provided that the bed is proven, provided that the correct marriage contract passes the minimum period of pregnancy, which is 180 days, and that it is not proven that the two spouses cannot meet. The law stressed that when the lineage was established legally, the case would not be heard after being denied.

The law accompanied modern scientific methods, such as genetic tests and genetic fingerprints that cut doubt on the certainty of the existence of an inevitable blood relationship between the newborn and the father or deny it, and the legislator did well when he linked the resort to scientific methods to the existence of a legal marriage contract in the beginning, after the practical reality proved that some weak souls were circumvented. And their manipulation to prove lineage, depending on scientific methods alone, without a legal link.

It remains to point out that the legislator did not allow the husband to curse his wife to deny the lineage as he wanted and whenever he wanted, to make it a weapon that some husbands threaten their wives whenever a dispute arose between them, but rather restricted him to the fact that this should be within seven days of the date of the knowledge of childbirth, and that the husband has not recognized By his paternity of the child, explicitly or implicitly, the law permitted the court to use modern scientific methods to deny the lineage, but he restricted it so that the lineage had not been proven before that by any of the legally and legally valid means of proof.

The decisions of the Court of Cassation followed a legal principle, according to which the lineage is preceded in proving what is not in the other alive for the child, and this is why they authorized building it on the possibilities imaginable in any way, in order to carry the condition of the woman to the right, and replace the good thinking with her as a matter of misunderstanding, in order to preserve her honor and revival. For the child and taking care of his interest, the father can acknowledge the child’s lineage to him by text or connotation, and when it is approved, there is no room for denying lineage, because denial is denial after approval, so the court does not hear any lawsuit filed for denying lineage.

The law approved the declaration issued by the sonship, and if that declaration was issued in the disease of death unless the seat for him was from adultery, a condition for the validity of the recognition of the sonship is that the seat for him be of unknown descent, and that the headquarters should be a reasonable adult selected, and that the age difference between the headquarters and the seat for him is likely Authenticity of the declaration, and finally that the headquarters certify him the rational adult in his approval, if it is not available in the headquarters he has the attainment of puberty and reason, then his lineage proves without believing it, because that is in his interest, as the Sharia holds the words of the adult rational headquarters on honesty and righteousness, especially if It was a very important and sensitive issue, such as descent.

- To view the denial of the lineage between science and Islamic law (1), please click on this link.