نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشگاه تهران
2 داشگاه تهران
3 دانشگاه جامع امام حسین (ع)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Considering the importance of the lineage in safeguarding family system and generation stability, the legislator always has made an effort to protection it by legislation. So far the legislator has provided some evidence including presumption of legitimacy, confession, oral evidence and renown on fatherhood lineage that covert nature of origin is more difficult to prove than mother lineage. As such, the holy legislator has acted carefully. On the other hand the legislator in area of proving lineage accepts the weakest evidence in case of absence of strong evidences. Therefore, considering the lack of limitation of proving lineage evidence and manner of legislator approach in this regard, the status of scientific exact methods as DNA test that one of the important uses of these methods in genetics science is proving lineage and determining paternity relationship is considerable. The aim of the present paper is to investigate this point because it seems that authority and applied value of this test to proving lineage based on the Islamic law in view of opinions of Islamic jurist and lawyers is demonstrable.
کلیدواژهها [English]
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