Genetic Fingerprinting in Criminal Evidence

Abstract

Genetic fingerprinting is one of the most important means of proof in the current era, and it has surpassed other forensic evidence in terms of its accurate results and decisive data in proving many crimes, such as: rape, murder, and lineage, and its legitimacy has been recognized by most national legislations and international conferences. This research aims to shed light on genetic fingerprinting in criminal evidence in terms of activation and commentary among the jurists. The research problem revolves around the main question: What is the position of jurists on genetic fingerprinting in criminal evidence? The researcher relied on the descriptive approach, as he depicted the terms included in the research, and the comparative approach, as he compared the opinions of scholars on genetic fingerprints. The research concluded that Sharia scholars differed on two opinions on the issue of genetic fingerprints. The first opinion allows it to be evidence in crimes for which there is no text, and the Islamic Jurisprudence Council of the Muslim World League adopted it in its sixteenth session in 2002 AD. The second opinion absolutely prohibits relying on it as evidence, as it is considered a form of circumstantial evidence. The researcher believes that it is the strongest corroborating evidence if it is supported by other evidence, which is what judicial applications have been done before courts around the globe