Reconstruction DNA paternity testing in lineage determination: Intersection between genetic science and Islamic law

Fadil, Fadil ORCID: https://orcid.org/0000-0003-0926-7310, Zaman, Jamrud Qomaruz, Zuhriah, Erfaniah ORCID: https://orcid.org/0000-0002-4490-1287 and Pudjihartono, Nicholas (2026) Reconstruction DNA paternity testing in lineage determination: Intersection between genetic science and Islamic law. Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan, 26 (1). pp. 260-281. ISSN 1412436X

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Abstract

DNA (Deoxyribonucleic Acid) paternity testing in Indonesia has not been optimised in determining lineage/biological parentage because it is not explicitly regulated in positive law and is perceived by society as inferior to the shari'ah method of proof. The limited use of DNA testing has contributed to various violations of children’s rights, such as neglect and manipulation of lineage or biological relationships. This study is normative legal research with a conceptual approach, analysed using a descriptive-analytical method, to examine the use of DNA paternity testing as the primary evidentiary instrument for determining a child’s origin by integrating genetic science and Islamic law. This study finds that DNA paternity testing is necessary to prevent violations of children’s rights because recent studies support its accuracy. DNA paternity testing can be regarded as equivalent to the firash method (sexual relations within a marriage) in establishing lineage under Islamic law, as both complement each other materially and procedurally. To anticipate possible errors in DNA test results, verification can be conducted through expert testimony in a number equivalent to the requirements for witnesses under Islamic law, as both complement each other materially and procedurally. To anticipate possible errors in DNA test results, verification can be conducted through expert testimony in a number equivalent to the requirements for witnesses under Islamic law, namely two just male witnesses in determining the lineage of a legitimate child, including a child born from an unregistered marriage, and four just male witnesses in cases of li'an. This study contributes to the international development of Islamic legal studies by conceptualising DNA paternity testing as a primary evidentiary instrument, equivalent to the firash method, and by recommending the strengthening of its legal status in Indonesian positive law.

Item Type:	Journal Article
Keywords:	biological relationship; dna (deoxyribonucleic acid) paternity testing; genetic; islamic law; lineage
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Graduate Schools > Magister Programme > Graduate School of Al-Ahwal Al-Syakhshiyyah
Depositing User:	Fadil SJ
Date Deposited:	30 Jul 2026 08:27

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