ADMISSIBILITY OF DNA AS A PROOF OF PATERNITY UNDER ISLAMIC LAW AND NIGERIAN LAW

Abstract

This paper examined admissibility of DNA as a proof of paternity under Islamic law and Nigerian law. In order to achieve the aim and objectives of this research, the meaning of paternity, DNA and its nature were briefly discussed. The paper adopted a doctrinal method of research by conducting an in-depth analysis of primary and secondary sources of legal research. It specifically analysed some provisions of Nigeria Child’s Rights Act, 2003 and Child’s Rights Law of Lagos State of Nigeria, 2015 relating to the topic. The paper discussed the role of DNA testing in paternity determination and challenges that surround its use. It also examined various arguments advanced by scholars and legal experts to support or oppose the use of DNA testing for paternity verification. The paper found that DNA is a proof of paternity under Nigerian law. The writer’s major finding is that DNA is not sufficient or conclusive legal proof to establish paternity of a child in Islamic law, rather, it can only be supplementary evidence which must be corroborated by other proofs. The paper recommended that Islamic scholars, jurists and religious authorities should engage in continuous dialogue and debates on the topic in the light of advancement in technology and changing social norms.