DNA testing
9-4-2001 | IslamWeb
Question:
Thank you for yur reply to my query. I would be grateful for further clarification on one point. You had stated:"One, requiring a DNA test to prove paternity is an indication of accusing one's wife of Zina if the test conducted during circumstances, such as after having doubts or conflicts with one's wife, etc. so, one should not demand this test unless he is sure about the ill conduct of his wife and he has strong indications to prove it. Also, the DNA test is considered supporting evidence for his claim. So, it should be carried out only if there are other presumptions to back the claim. So, DNA is not the first and most important evidence for her Zina".Besides the wife's unIslamic behaviour towards her brother-in-law, my client has a medical report from the hospital stating that the estimated date of conception of the child was between the period of 9 March to 7 April 1999. The wife's solicitor confirmed that she consummated the marriage during the last week of April 1999. My client says the marriage was consummated in May 1999. Can this be considered a strong indication and/or presumption to back my client's claim, and thus carry out a DNA test?I would appreciate it if you could reply by Sunday 8 April 2001, as I have to appear before Shariah court on Monday 9 April 2001. Wassalam.
Answer:
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Dear brother,
Thanks for your confidence in your brothers here at Islam web.
Your questions and queries are always welcome. We ask Allah to grant you and us useful knowledge and bless us all to engage in good deeds. May Allah protect us from any unpleasant incident; Allah is All-Hearer and Ever Responsive.
Now you mentioned in your question that the medical report proves the conception of the child was before the husband had any sexual relation with his wife, in other words, more than a month before their marriage contract.
Therefore, there is no doubt that this is a strong presumption entitling the husband to demand a DNA test.
Allah knows best.