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Mohebalrahman M, Dehghannejad R, Mohebalrahman M. Role of DNA Test on Family Law and Judicial Procedure with Emphasis on Leaan Institution. MLJ 2021; 15 (56) :561-573
URL: http://ijmedicallaw.ir/article-1-1146-en.html

Background and Aim: The effect of DNA test discovery on family law and jurisprudence and specially Leaan Institution is the subject of this study. To prove the paternity (Abbott relationship) according to Biologists the results of the "DNA test" in some of its cases are 100 percent but in jurisprudence and law, proving the lineage and proving the paternity is through "Presumption of Firash." Votes of the Supreme Court hold that "Presumption of Firash" precedes "DNA test". According to the rules if there is "Presumption of Firash", the Leaan Institution should be used for denial of the child and paternity. According to Article 1162 of the Civil Code, Leaan's application can only be processed up to two months after the infant is born. While practically and in most cases after this period that individuals recourse to legal authorities which is the subject of this research.
 
Materials and Methods: The research method is descriptive-analytical. This research has been compiled by referring to reputable books and sites and analyzing the mentioned results in them.
 
Results: The two-month restriction is not mentioned in the Qur'an and Sunnah and has no strong reasons and most jurists Including Muhaqqiq al-Hilli, Muhammad Jamaluddin al-Makki al-Amili, Zayn al-Din al-Juba'i al'Amili, Allamah al-Hilli, Muhammad Hasan al-Najafi and, Imam Khomeini have explicitly denied this restriction.
 
Ethical considerations: In the quotes, loyalty and accuracy are considered. The ethical purpose of research is to pay attention to the wishes of individuals and customs and sharia to know the true lineage.
 
Conclusion: It is better for the legislator to remove the two-month clause in Article 1162. Then if the court was convinced of the absence of paternity based on DNA testing, can rule to deny lineage. In this way, the preservation of lineage, which is one of the mental concerns of individuals, and is one of the purposes of Sharia, will be strengthened.

Cite this article as: Mohebalrahman MA, Dehghannejad R, Mohebalrahman MM. Role of DNA Test on Family Law and Judicial Procedure with Emphasis on Leaan Institution. Medical Law Journal 2021; 15(56): e35.