األعمال العلمية يف إثبات النسب ونفيه ابلبصمة الوراثية يف تركيا وحتليالهتا
Scientific Studies on Proof and Refutation of Progeny by DNA Test in Turkey and Their Evaluation

Summary/Abstract: Undoubtedly, uncovering the truth is one of the most important tools for establishing justice. Islam has been very careful in determining the means of proving rights and has expressed this with the concept of "proof." Proof is a key legal term in Islamic judicial procedure, encompassing all means of proof that have the potential to prove material truth. In addition to using this concept as a tool for identifying individuals, our Prophet also explained the evidence with ‘witnesses’ and ‘oaths’. Meanwhile, it has not prohibited other means of achieving the purpose of law. Generally, the purpose of evidence is to establish justice among people, and the testimony of witnesses and the taking of oaths are two well-known means of achieving this noble purpose since ancient times. If there is another way to achieve this purpose, the words of the Prophet, who is believed to have spoken the truth, ‘Wisdom is the lost property of the believer; wherever he finds it, he takes it,’ have also been adopted as a principle. For this reason, over the centuries, jurists have debated the legitimacy of other means that can be used to prove rights and resolve disputes, and have made use of ‘clues, signs, the judge's knowledge, and other means of proof’ without being absolutely bound by what was passed down to them from their predecessors. One of the opportunities brought about by scientific developments in the field of forensic medicine today is DNA testing, which has become almost flawless in verifying many things, including biological identification. Contemporary jurists have examined this issue, which is at the centre of fiqh matters, through individual and collective research, and written theses, research papers, and scientific articles in different languages. However, although the authors of works written in languages other than Arabic have conveyed the most important information that should be taken into consideration, their studies have not been sufficiently utilised. This is also true for studies written in Turkish. In Turkey, academic theses have been prepared by members of theology and law faculties, and a large number of scientific articles have been published in peer-reviewed journals, but only those who know this language can benefit from them. The aim of this research is to introduce and evaluate these scientific works and, in particular, to inform Arabic-speaking scientific circles of their existence. To this end, it draws attention to three points: the importance of lineage in Islamic law and the position of Western law on this issue, the nature of Turkish law, and the impact of DNA testing on Muslims living under the umbrella of Islam, despite the fact that Islamic sharia is not a source of legislation, as discussed in the decisions of various fatwa councils. Brief introductions and analyses of scientific studies conducted by legal researchers in Turkey are also provided, and the most important findings of these studies are discussed. The fatwas issued by fatwa institutions on this subject and the legal applications are also briefly touched upon, and efforts have been made to mention the most important findings. The definition of DNA and the details of the developments made by human beings in DNA and their benefits and harms have not been touched upon because they are included in relevant studies.

• Details
• Contents