What is the ruling on proving murder crimes through DNA fingerprinting, and what are the supporting and opposing fatwas with their evidence?
The results of genetic fingerprinting are semi-definitive, and it is permissible to rely on them in criminal evidence as a discretionary circumstantial evidence, provided that they do not pertain to hudud (prescribed) punishments and qisas (retribution), because these are averted by doubts and are not proven by circumstantial evidence, but rather by clear evidence or confession.
This is the preponderant opinion among most contemporary scholars, even though some hold that hudud punishments can be proven by circumstantial evidence, while others permit relying on it to prove crimes of murder and assault not involving loss of life, while prohibiting its use in hudud punishments.
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- Original fatwa ID
- 21144
- Imported
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- Source text, unreviewed
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