 Around the world, DNA testing is being used to solve crimes and establish paternity. Despite the Islamic Fiqh (Jurisprudence) Academyâs approval of introducing it in certain circumstances, Saudi courts remain hesitant about accepting test results as evidence of lineage. With the increase of paternity cases due to extramarital affairs, illegal marriage contracts or other unfortunate circumstances through which parents are separated from their children, it has become necessary for judges to update their evidence-base and rely on modern scientific methods rather than old applications. However, it seems that many judges are unconvinced that DNA tests are more accurate than a witness or lineage expert stating that âthis child is fathered by that man.â
âDNA test results are never accepted in courts here,â Dr. Omar Al-Khouli, a lawyer, told Arab News. âEven when a judge recently accepted the results for a lineage case, he was rebuked by the appellate court and his ruling was overturned.â Al-Khouli contends that judges approve four proofs: a legal marriage contract, an admission of paternity, two witnesses stating that the child is the manâs (which is applied in the case of a father dying before registering his child) or a method called qayafa where a lineage expert bases his decision on resemblance. | An appearance on a Montel or Maury Povich paternity episode trumps all of these. |
âQayafa was introduced in courts some centuries ago, and even though it is far less accurate than DNA, it is accepted by judges over DNA, which has an accuracy rate of 99.6 percent,â Al-Khouli said. |