Sources of Proof of Lineage and an Academic and Comparative Review of Islamic Law

Abstract

This article provides a comprehensive analysis of the Islamic legal 
principles regarding the proof of lineage, focusing on various evidentiary 
methods. The discussion begins with an exploration of testimony 
(Shahadah), its definitions, significance, and classifications. The importance of testimony in Islamic law is underscored, alongside the conditions under 
which it is accepted.The next section delves into confession (Iqrar), examining its linguistic and terminological meanings, as well as its implications in Islamic jurisprudence. The requirements and conditions for valid confessions are highlighted, including their relevance in cases involving shared guilt.Further, the article addresses the concepts of ‘Iddah (waiting period) and its implications for lineage proof, considering the complexities surrounding marriage, divorce, and the conditions of childbirth during the waiting period. The exploration of external indicators (Qareenah) emphasizes the historical and contextual application of circumstantial evidence in legal decisions, illustrated through examples from prophetic traditions and the judgments of the Companions.
The article also discusses the role of facial recognition (Qiyafah) in 
establishing lineage, noting differing opinions among scholars. The final 
section focuses on the contemporary relevance of DNA testing in 
establishing paternity, examining its historical background and current 
acceptance within Islamic law. The paper concludes with a comparative 
analysis of traditional and modern methods of lineage verification.