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Sharia Law & DNA

 
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Anker-Klanker
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Joined: 04 Sep 2004
Posts: 1033
Location: Richardson, TX

PostPosted: Tue Apr 18, 2006 12:47 am    Post subject: Sharia Law & DNA Reply with quote

One of my hobbies is genealogy (where DNA is being used more and more as an adjunct to conventional reseach) which the way that I found the following very curious and very insightful glimpse into Islamic thinking:

Quote:
April 16, 2006
Opinion: DNA Should Not Be Used as a Tool to Identify Family Trees
An unsigned article in the Arab Times of Kuwait claims that use of DNA will lead to the "disintegration of families."

The article objects to the use of DNA, mostly on religious grounds, claiming that such technology is against Islamic Sharia (the code of law based on the Koran). The article quotes Dr. Mohammed Al-Tabtabaei, Dean of the Faculty of Sharia and Islamic Studies at Kuwait University, who stated, "Islam does not allow the use of DNA fingerprinting to prove genealogy and no family can reject any of its members based on results of such tests." He also said that Islam does not allow linking the crimes of fathers to sons as each of them is accountable for his own actions.

However, Dr. Al-Tabtabaei conceded that DNA has many uses outside of family tree studies. He stated, "Although security departments can use DNA fingerprinting for issues related to national security, this technology should not be used as a tool to identify the family tree of anybody."

Dr Ahmed Al-Hajji, a Fiqhi (Islamic jurisprudence) expert, said, "If there is no other strong proof, DNA fingerprinting can be used to identify maternal relationship if two women claim to be the mother of the same child. However, this technology cannot be used to prove paternal relations." The Islamic Juristic Group (IJG) said, "DNA fingerprinting can be used only in criminal investigations and not to identify the genealogy of anyone. In case of disputes over a new born baby or lost child, such tests can be used to identify the parents of the child."


Now since the Sharia Laws were formulated just a few centuries before DNA was even "invented," I have to wonder how Sharia Law knew about the coming of DNA. Maybe this is part of that Islamic enlightenment I keep hearing about? Notice that it's all right to use DNA to identify the mother; it's only forbidden for the father. Makes sense, doesn't it? Sounds to me like truth - at least as it relates to male parentage - is not a sought-after commodity to these people.

The most important question and observation is: how can anyone deal with this kind of logic?

Interesting, curious, and revealing, huh?

http://blog.eogn.com/eastmans_online_genealogy/2006/04/opinion_dna_sho.html#more
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Schadow
Vice Admiral


Joined: 30 Sep 2004
Posts: 936
Location: Huntsville, Alabama

PostPosted: Tue Apr 18, 2006 2:28 am    Post subject: Re: Sharia Law & DNA Reply with quote

Anker-Klanker wrote:
....Now since the Sharia Laws were formulated just a few centuries before DNA was even "invented," I have to wonder how Sharia Law knew about the coming of DNA....


Obviously, Sharia Law is a "living" document, or set of principles, to be interpreted to suit changing circumstances.

Much the way liberals regard the US Constitution.

Schadow
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Capt, 8th U.S. Army, Korea '53 - '54
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