چکیده:
Undoubtedly the legislator has been so dedicated about individuals’ ancestry protection and therefore, according to the philosophy of protection and stability of family system, it has paid close attention to the issue of “Offspring Denial” and its applying methods. Damnation is one of juridical laws which results in cutting marital relationship and offspring denial. According to Koran stipulation, “Witness” is also another reason which could be referred to for offspring denial. However nowadays, forasmuch as science progression, there are ancestry denial and identification methods available, which seem to have more certainty than witnessing. This paper has covered a research on this important theme, and investigated the position of such scientific achievements related to offspring denial issue, while regularly ancestry denial methods have been restricted to “Damnation” and “Witnessing” so far.
خلاصه ماشینی:
Original Article: Received 12 Nov. 2015 Accepted 25 Sep. 2015 Published 20 Dec. 2015 Keywords: approval rule Offspring Denial,damnation, paternity DamnationIntroduction Prelude Islam has always been specifically paying attention to the family foundation protection issue up to the point that, it has codified some principals and laws about ancestry proof and denial.
Allomatodameshghiya, 3:52; mohaghegh helli,P200) The husband can’t deny the offspring who is born in his marital status together with its incorporation to himself (like having continuity with the woman and shedding his semen into her genitals or around, somehow that it would be possible for the uterus to absorb it, while also a minimum to maximum time of six to ten months has passed from this date up to the childbirth); But if he is certain that child’s incorporation is impossible with him, it is necessary to deny it with Damnation though, because otherwise the child will be incorporated to him and inheritance and intimacy orders will apply to him.
(khomeyni,) Offspring denial by obvious reason (witness) According to Imami jurisconsults, if father wants to eliminate paternity approval rule by proving lack of contiguity, there is no need for DamnationEmami, & Safai, 1996; P.
php?nn=13910417001198) Therefore, what Seyyed Hasan Emami has said in the book, civil law explanation, which goes this way:" what is determined from Imami jurisconsults’ books is that, in cases that paternity approval rule applies, offspring denial is possible only through Damnation and no other reason is accepted,"(emami, 5:165)Is NOT true, because jurisconsults have validated paternity approval rule as much as a doubt and guess, and if anyhow by medication or objective witnesses it would be proved that the child couldn’t be incorporated to the husband, then paternity approval rule is void.