Proof of Descent Through Scientific Methods in Religion and law

Authors

  • Mahfod Benseghir University of Msila, Algeria

Keywords:

Descent, Scientific, Methods, Religion, Law

Abstract

The Islamic Shari'a has been keen on preserving the lineage from loss or slander, and has established provisions to prove the descent, and made it a right for the child and his parents and other relatives, so that the family is established on a strong basis that brings together the blood and kinship ties that strengthen their resolve and strengthen them to have an effective role in society Rights and abide by the legitimate duties exchanged between its members .In view of the importance of the subject, including the intermingling of genealogies, Islamic law did not recognize the issue of descent except as a result of the correct marriage and made it an original path in proving the descent. The jurists also recognized that the ratios are also proven by acknowledgment or evidence. : "Prostitution shall be established by proper marriage, by confession, by evidence, by probation or
by any marriage that has been annulled after entry in accordance with articles 32, 33 and 34. The judge may resort to scientific methods to establish proportions". The Algerian legislator has proceeded with the use of modern technologies to find a solution to the problem stirility in a significant number of couples. He decided to adopt artificial insemination as a method of proving descent whenever the conditions stipulated in article 45 bis are met. 

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Published

25-12-2018

How to Cite

Benseghir, Mahfod. 2018. “Proof of Descent Through Scientific Methods in Religion and Law”. Journal of Legal Studies and Researches 3 (4):8-19. https://journals.univ-msila.dz/index.php/JLSR/article/view/7281.