Document Type : aa
Authors
1
PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Sciences, Research Sciences Unit, Islamic Azad University, Tehran, Iran.
2
Associate Professor, Department of Jurisprudence and Law, Faculty of Humanities, Shahid Motahari University, Tehran, Iran.
Abstract
Considering the Sharia Purposes of honoring and protecting the position of the family and the stability of the generation, the legislator has determined several reasons such as the rule ofFerash, confession and testimony to prove Parentage, and according to individual and social interests, the legislator has expanded the cases of proof of parentage, and even in the absence of evidence in the discovery of the fact, he has permitted to consider the weakest evidence. Today, with the help of the development of human knowledge, it has been possible to prove parentage with new methods and tools such as blood and identity tests, which are effective in obtaining knowledge, discovering the truth, and persuading the judge to adopt a decision and achieving justice. The present research, by carefully examining and taking into account the non-exclusiveness of the existing evidences, seeks to prove this hypothesis that, firstly; although the position and evidentiary power of DNA tests as one of the ways of proving parentage in the law has not been explicitly explained; but, this lack of clarification is not the reason of invalidity and lack of authenticity of this evidence.Secondly, the scientific and discovery aspect of this evidence is so strong compared to the existing evidence that the possibility of its opposite is very small in the eyes of the intellectuals. Therefore, there is no prohibition that the Shari is also of the same profession as the intellectuals in their structure and manner, because the Shariah is one of the intellectuals and their leader. Hence, the validity of these tests considering that the general jurists have considered the basis of the validity of evidence to be reason and common sense; It can be proved and in the assumption of its conflict with Amara Farash, according to the science and discovery of the reality of the experiments, its results are prior to Amara Farash.
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