حكم البصمة الوراثية شرعا د/مصطفى بن سميط رئيس قسم الفقه واصوله بجامعة الاحقاف

Introduction

This tutorial outlines the key points discussed by Dr. Mustafa Hamed bin Samit regarding the legal and ethical implications of genetic fingerprinting in the context of Islamic jurisprudence. Understanding these concepts is vital for scholars, legal professionals, and individuals interested in the intersection of science and Islamic law.

Step 1: Understanding Genetic Fingerprinting

• Definition: Genetic fingerprinting is a method used to identify individuals based on their unique DNA profiles.
• Applications: Commonly used in paternity testing, criminal investigations, and medical diagnoses.
• Importance in Islam: The use of genetic information raises questions about privacy, identity, and moral implications.

Step 2: Legal Perspectives in Islamic Jurisprudence

• Ethical Considerations: Dr. Samit emphasizes the need to weigh the benefits against ethical concerns, including:
  • The right to privacy.
  • The potential misuse of genetic data.
• Sharia Compliance: Analysis of how genetic testing aligns with Islamic teachings, focusing on:
  • Preservation of lineage.
  • Avoiding harm to individuals and families.

Step 3: Contextual Factors Influencing Acceptance

• Cultural Sensitivity: The acceptance of genetic fingerprinting may vary based on cultural contexts within the Muslim community.
• Religious Interpretations: Different scholars may have varying opinions on the permissibility of using genetic data, which can influence public perception.

Step 4: Practical Applications and Guidelines

• Paternity Testing: Guidelines for conducting DNA tests in accordance with Islamic law:
  • Ensure consent from all parties involved.
  • Use reputable laboratories to maintain the integrity of results.
• Criminal Justice: Considerations for using DNA evidence in legal cases:
  • Protect the rights of the accused.
  • Ensure that the evidence is collected and analyzed according to ethical standards.

Conclusion

Dr. Mustafa Hamed bin Samit provides a nuanced view of genetic fingerprinting within Islamic law, highlighting the balance between scientific advancements and ethical considerations. As genetic technology evolves, ongoing discussions in the Islamic community will be essential to navigate its implications. For further exploration, consider engaging with scholars and legal experts to understand regional interpretations and applications of these principles.