#1196: Ruling on a Father Conducting DNA Test to ascertain the Legitimacy of a Child from His Wife

As-Salaam Alaikum

Question

Ya Shaykh What’s the ruling of Muslims conducting DNA test in order to ascertain the legitimacy of their Children with Their life partners(Wives) whether in the event of a Suspiciousness,Or doubts on wives character e.t.c?

Jazakhallahu khyran as you answer

May ALLAH reward Sallam alaikum

ANSWER:

Wa Alaykum Salām Warahmatullāh Wabarakātuh.

May Allāh grant us Tawfīq and Sadād Āmīn.

Know O brother, that the Sharīah discourages people as much as possible from casting doubts at the progeny and lineage of people and takes accusations of that nature very serious.

For this reason, the Sharīah punishes the one who unsubstantialy accuses pious believing women of adultery with strokes and tagging as untrustworthy people.

For this reason, the man who accuses his wife of adultery is made to divorce his wife after the Mulā’ana (cursing), if she denies the allegation.

And for this reason, the Rasūl salallāhu alayhi wasallam said:

الولد للفراش وللعاهر الحجر

“The Child is to be attributed to the Owner of the Home (the mother’s husband) and the Fornicator has the disgrace”

Imām Muwaffaquddīn Ibn Qudāmah Al-Maqdisī rahimahullāh emphasized that one of the reasons behind this is to preserve the lineage and the reputation of the child. As long as the man does not deny being the father of the Child, there is no grounds to doubt or cast suspicions on the legitimacy of the Child.

He said in Al-Mughnī

“Even if the woman was to put to bed after her husband had been absent for twenty years, the child will be attributed to him”

Because of this Statement of the Rasūl salallāhu alayhi wasallam, the position explained by the Fuqahā is that the only way to deny the decent of a Child from a man is by way of Li’ān (Cursing) as explained earlier. And it is generally discouraged to do anything that casts doubt on the lineage unless where there is sufficient grounds for this doubt.

We therefore encourage you to be cautious and to ward off yourself such discontent and doubts.

In the Sahīhayn, it was narrated by Abū Hurayrah radiyallāhu ‘anhu, that a man from the tribe of Fazaarah came to the Prophet sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) and said: “My wife has given birth to a black boy.” The Messenger of Allāh sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) said: “Do you have camels?” He said: “Yes.” He sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) said: “What color are they?” He said: “Red.” He sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) said: “Are there any gray ones among them?” He said: “There are some gray ones among them.” He sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) said: “Where do you think they come from?” He said: “Perhaps it is hereditary.” He sallallaahu alayhi wa sallam ( may Allāh exalt his mention ) said: “Likewise, perhaps this (i.e. the color of his child) is hereditary.”

In this Hadith is proof that such doubts and trust issues should be avoided as much as possible. And Allāh knows best.

However if there is very convincing reasons that makes you sure and to have such unsettled mind, there is no harm in carrying out such a DNA test. However that will not be a reason to deny the decent of the child to the father as we have stated earlier. The only legitimate way in the Sharīah to do that is by way of Li’ān. And Allāh knows best.

Bārakallāhu Fīkum
Jazakumullāhu Khayran

Abū Asīm

4th Shaʿbān 1444 AH

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