Vaterschaftstests zwischen religiösem Recht und Medizintechnik:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Vaterschaftstests zwischen religiösem Recht und Medizintechnik: "
Melanie Guénon

Document Type	:	AL
Record Number	:	1085753
Doc. No	:	LA129382
Call No	:	‭10.1163/15700607-00582P02‬
Language of Document	:	English
Main Entry	:	Melanie Guénon
Title & Author	:	Vaterschaftstests zwischen religiösem Recht und Medizintechnik: [Article] : Abstammungsklagen im algerischen Familienrecht\ Melanie Guénon
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Die Welt des Islams
Date	:	2018
Volume/ Issue Number	:	58/2
Page No	:	173–205
Abstract	:	This article examines the 2005 Algerian family law regulations concerning paternity and the use of DNA tests in Algerian paternity disputes. Specifically, it analyzes the relation between the methods of establishing and negating paternity recognized in Islamic law and the available genetic technology.  On the basis of three judgments of the Supreme Court, the present legislation as well as legal practice in Algeria is scrutinized. The article concludes that the Algerian legislator hesitates to dissolve the conflict between genetic technology and the recognized types of evidence of Islamic law. For now, court practice remains ‘traditional’ since judges might feel too much responsibility facing unclear regulations regarding paternity. Nevertheless, the Algerian family code reform offers the opportunity to use DNA-tests to establish nasab for both legitimate and illegitimate children. Due to unclear regulations it also paved the way to use DNA-analysis for paternity negation.*  This article examines the 2005 Algerian family law regulations concerning paternity and the use of DNA tests in Algerian paternity disputes. Specifically, it analyzes the relation between the methods of establishing and negating paternity recognized in Islamic law and the available genetic technology.  On the basis of three judgments of the Supreme Court, the present legislation as well as legal practice in Algeria is scrutinized. The article concludes that the Algerian legislator hesitates to dissolve the conflict between genetic technology and the recognized types of evidence of Islamic law. For now, court practice remains ‘traditional’ since judges might feel too much responsibility facing unclear regulations regarding paternity. Nevertheless, the Algerian family code reform offers the opportunity to use DNA-tests to establish nasab for both legitimate and illegitimate children. Due to unclear regulations it also paved the way to use DNA-analysis for paternity negation.*
Descriptor	:	DNA testing
Descriptor	:	family law
Descriptor	:	liʿān
Descriptor	:	nasab
Descriptor	:	paternity
Descriptor	:	paternity
Descriptor	:	Algeria
Location & Call number	:	‭10.1163/15700607-00582P02‬