Date: 04/14/1448 AH corresponding to 26/10/2026 AD
Fatwa N°: 21/48
Fatwa regarding conducting genetic fingerprint tests to prove or deny lineage outside the judicial framework
In the name of Allah, the most Gracious, the most Merciful. Praise be to Allah, Lord of the Worlds, and may blessings and peace be upon our Prophet, and upon all his family and companions.
The Fatwa and Guidance Committee of the Union of African Muslim Scholars was requested to clarify the legal ruling on conducting genetic fingerprint (DNA) tests with the intention of proving or denying lineage outside the framework of the judiciary, in light of what has been observed in some African societies where individuals resort to conducting these tests in person, coupled with the resultant effect of casting aspersion and undermining mutual trust between couples as well as threatening the stability of home and cohesion of the family.
After considering the issue, and taking into account the principles of Sharia law and its objectives in preserving lineages and honor and preserving the family and society, the Committee resolved as follows:
First: Considering the genetic fingerprint and the criteria for benefiting from it:
Genetic fingerprinting is a reliable scientific method in the field of identifying biological kinship, and it can be used when needed and in cases decided by the competent authorities, as evidence for assertion, especially in the absence of adequate legal evidence or its inaccessibility. Examples of this include verifying the identity of people of unknown parentage, and treating cases of mixed births, identifying missing persons in disasters and wars, and examining some forms of conflict that are presented to the designated judicial authorities.
Second: Taking into account the possibilities of error and the integrity of procedures:
Despite the accuracy of genetic fingerprint tests in general, relying on them requires taking into account the human errors that may occur in their procedures when collecting or preserving samples, laboratory contamination, or fraud and forgery, especially in the absence of supervision and medical and legal standards
Accordingly, random individual examinations are not considered binding evidence in themselves unless they are conducted in accordance with approved standards and under the supervision of the designated bodies/authorities.
Third: Preserving legally established lineages:
The basic principle in Sharia law is to pay attention to establishing and preserving lineages, and to be strict about denying or challenging them. This serves the purpose of achieving the goals of preserving birth and honor, and protecting family stability. The Prophet, peace and blessings be upon him, said: “The child belongs to the legally recognized husband and for the fornicator is disappointment.” (Reported by Bukhari and Muslim).
This principle requires that the lineage established by the Sharia be maintained, and not be affected except with a valid Sharia justification. The ruling on giving the child to the legal husband is not invalidated by a mere individual examination or laboratory evidence used outside the Sharia and judicial standards.
Fourth: The legal way to deny lineage established on legal marriage:
What is decided by the Committee is that denying established lineage through legal marriage must be done through the method decided by Sharia law, which is for both parties to invoke the wrath of Allah upon themselves before the designated Sharia judiciary, and it is not permissible to make the results of genetic fingerprinting an alternative to this method or a precedent over it.
Fifth: Blocking paths that lead to family and societal harm:
Opening the way for uncontrolled individual examinations will lead to spreading mistrust, aggravating accusations, destabilizing marital tranquility, damaging the reputation of individuals and breaking up families.
Therefore, preventing the means that lead to these evils falls within the consideration of the objectives of Sharia law and blocking the pretexts that lead to harm. Allah Almighty said: “Indeed, those who love indecency to be spread among those who believe will have a painful punishment in this world and the Hereafter, and Allah knows, and you do not” [An-Nur: 19].
Sixth: Warning against misuse of tests and their results:
The Committee warns against conducting these examinations out of mistrust, revenge, or defamation, or using their results to harm or pressure family members. It also stresses the need to adhere to the regulations in force in each country, especially with regard to protecting privacy and genetic data, and control of evidence and judicial procedures.
Verdict and conclusion:
Based on the above, it is impermissible for individuals or couples to conduct DNA tests with the intention of personally verifying or denying the validity of legally established lineages, outside official standards and without judicial permission from the designated authorit ies in order to preserve lineages and honors, the stability of families, and block pretexts that lead to strife and turmoil, while emphasizing that benefiting from genetic fingerprinting in appropriate cases shall be in accordance with approved legal and judicial procedures, especially in matters of denial of lineage established through legal marriage.
Committee recommendations:
1. Call on the designated authorities and legislative bodies in African countries to ban uncontrolled commercial practices related to genetic fingerprint tests.
2. Establish legal criteria that prevent these examinations from being conducted for the purposes of proving or denying paternity without official permission from the designated judicial authority.
3. Strengthening the oversight of accredited laboratories, and ensuring the safety of sample collection, preservation, and analysis procedures, in order to preserve honors and protect the family and societal bond/connection.
4. Strengthening cooperation between the legal, judicial and medical authorities to establish clear standards for conducting examinations, interpreting their results and using them, and determining the cases in which they may be relied upon, and mechanisms for verification and objection in the event of a dispute.
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