‘LEAN’underIran's Law

Authors

  • Arezoo AbbasRashidi Electronic Branch, Islamic Azad University
  • Mahshid Sadat Tabaei Electronic Branch, Islamic Azad University

DOI:

https://doi.org/10.24200/jsshr.vol3iss04pp1-5

Abstract

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. Methodology: 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. Results: 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. Conclusion: Therefore it is better that in order to observe justice as well as avoid vote conflicts, the legislator modifies the rules related to ancestry denial, and stipulate the possibility and conditions of using scientific experiments like DNA in law, and puts scientific reasons at the same level near to other ancestry denial and even proof of claim reasons.

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Published

2019-08-10

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