Who is Your Father?
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Shaykh Dr. Haitham al-Haddad is a jurist and serves as a judge for Islamic Council. He has studied the Islamic sciences for over 20 years under the tutelage of renowned scholars such as the late Grand Mufti of Saudi Arabia, as well as the retired Head of the Kingdom's Higher Judiciary Council. He specialises in many of the Islamic sciences and submitted his doctoral thesis on Islamic jurisprudence concerning Muslim minorities.
He is highly respected, having specialised knowledge in the field of Fiqh, Usul al-Fiqh, Maqāsid al-Shari'ah, Ulum al-Qur’ān, Tafsīr, Aqīdah, and Fiqh al-Hadīth. He provides complex theories that address the role of Islamic jurisprudence within a Western environment, whilst also critically re-analysing the approach of Islamic jurists in forming legal rulings (ifta’) within a Western sociopolitical context.
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If the biological father is not recognised as the father under Shariah then does not that leave the door open for incest?
If a biological father had a son and a daughter who became allocated to different fathers under Shariah, what is to stop the son and the daughter getting married later in life, since they do not know that they have a common biological father?
Assalam-o-‘alaikum warahmatullah Shaykh Haitham,
Jazak Allahu Khairan for your article for this very important and practical issue. This signifies one scenario where reliance on DNA tests can contribute to loss of trust among families, the evidence that you have quoted is about a research study by a UAE student. This is clearly a negative use of DNA test without thinking about catastrophic consequences to the family. Indeed, Shari’ah takes care of all eventualities as Allah Swt is all-Encompassing.
(Slightly off the topic….) However, there may be other more positive uses of DNA test. One of them may be the DNA test to make a child reunite with their child after getting lost because of some reason. Another can be its use in the conflict where unfortunately children are among the civilian deaths and it may be that the children’s bodies are difficult to recognize. DNA tests can help in those situations. I hope you would find this as positive use of DNA tests. While I ask this, I must admit that I am not aware whether DNA is a sufficient test for identifying whether a child is the biological child of his (or her) parents. Any light on this aspect please? Regards.