Mechanisms and methods of proving parentage in the light of scientific studies and legal legislation in Algeria

Abstract

The issue of descent is one of the important topics because it is related to society and precisely to the family. Proving descent is also considered to be based on the general rules of Sharia and the law has special methods of proof, but with the change that has occurred in the scientific field, especially in medicine and biology, the Algerian legislator has kept pace with these developments, which is what was done. Through the amendment of the Family Law 2005, in Article 40, Paragraph 02, the study comes to answer the problems posed regarding the scientific methods of proving parentage, whether definitive or presumptive, the extent of its authority and legality, and the judge’s authority towards it. himself or at the request of one of the spouses who appear before him, and delaying the curse until it is ascertained whether the child is legal or not. The adoption of this technique remains to achieve the purpose of the Shari’a in preserving lineages from loss and plays an important role in consolidating and strengthening the child’s bedding base.