Analysis of Legal Jurisprudence Authority DNA Test to Prove Parentage

Subject Areas : All jurisprudential issues

Nayeb Yazdanipoor ¹ (دانش آموخته‌‌ی حوزه‌ علمیه‌ خراسان رضوی، مشهد، ایران.)
Hamid Derayati ² (استاد حوزه علمیه خراسان رضوی، گروه فقه و اصول، مشهد، ایران.)
Reza Daneshvar Sani ³ (استادیار دانشگاه علوم اسلامی رضوی، گروه حقوق، مشهد، ایران)

Received: 2016-05-07 Accepted : 2016-05-06 Published : 2016-01-21

Keywords: Lineage, DNA, Rule Mattress, Agument of Definitive, Traditional Science,

Abstract :

Due to the relative importance of maintaining the system of the family and stability of generations, Lawgiver and the legislators’ attention has always been to keep it in the shade of Legislation. Therefore in the Imamiya jurisprudence and consequently, the law to prove the patrilineal that it is much more difficult because of the hidden of its origin rather than the matronymic, several reasons has set such as the rule mattress, confession, testimony and … . And even on the assumption of no more reason to discover the fact, is believe in the capability to cite weakest reasons such as a grace. Due to lack of the limitative of evidence, the Proof of lineage and how performance of the legislator in this field, the Place of rigorous scientific techniques such as DNA TYPING or DNA test that the most important application is in genetic science, the proof of lineage and determination of paternity and is considerable and review. Therefore, according to the opinions of jurists and lawyers and based on the evidence and legal principles, including the agument of definitive and traditional science, the agument of this test is provable to prove the lineage in terms of legal and religious.