A question, perhaps, for your Q&A section on the website:

 -- To be accused of rape, in traditional Shari'a, there must be 4 witnesses.  Can DNA testing now serve as the evidence?

 Thank you,

Don

Answer:

Dear Mr. Jones:

         Thank you for enquiring about the applicability of DNA test in Shari’ah.

         DNA test is helpful to support some other evidence, but it will not replace eye-witnesses. We are very clearly and strictly advised by the Shari’ah that, in the absence of self-confession, the testimony of four trustworthy eye-witnesses with completely similar statements from all of them is the only way to prove adultery in order to enforce the hud (Allah’s punishment). The reason not to consider DNA as sufficient proof is the possibility of doubt, as no DNA test finding is 100% free of doubt. A hadith (tradition of the Prophet) says, "Avoid imposing hudood (Allah’s punishments), if doubts are there." Just one example of doubt, DNA can only prove the action, but it can not prove if the action was consensual or a forced one. However, an authorized judge can punish the offender according to a state law, but not a hud, if he is convinced that some violation, as determined by DNA, has been committed.

         Of course, DNA can help in refuting an accusation. In Shari’ah term, a hundred percent positive proof is needed for enforcing a hud (Allah’s punishment). A negative DNA test is sufficient to save an accused from punishment. For example, suppose “A” accuses “B” of having raped her, but “A” can not produce eye-witnesses in her support against “B”; on the other hand a DNA test does not support the accusation of “A” against “B”, “B” then can not be punished. 

         I hope this will satisfy your quest of Shari’ah laws.

Dr. Muhammad Iqbal Nadvi