000527L - FORENSIC EVIDENCE

Outline and issues for Medicine and Fiqh discussion held on Saturday 27^th May 2000 at the Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.

OUTLINE

1.0 MUNAAKAHAAT

A. Validity And Consummation Of Marriage

B. Disputed Parenthood

C. Divorce & ‘Iddat

D. Child Custody

E. The Abandoned Child, al Laaqit

2.0 MAWARIITH

A. Validity Of The Will

B. Inheritance Of A Fetus (Miraath Al Haml)

C. Inheritance Of Children

D. Inheritance Of The Spouse

E. Disinheritance

3.0 MU ‘AMALAAT

A. Psychological Assessment

B. Inspection Of Food, Drinks, And Drugs

C. Exposure Risk Assessment

D. Screening Of Organs And Tissues For Transplantation

E. Screening Fluids For Medical Use

4.0 HOMICIDE AND BODY INJURY

A. Identification Of The Deceased: DNA Analysis, Blood Groupings

B. Determining Extent Of Injury/Compensation

C. Determining Mechanism And Causes Of Injury

D. Determining The Time Of Injury

E. Forecasting The Progress Of Injury And Eventual Functional Loss

5.0 SEXUAL CRIMES

A. Rape: DNA Analysis, Blood Groupings

B. Fornication: DNA analysis

C. Abnormal Sexual Acts

D. Takhannuth

E. Istirjaal

DISCUSSION ISSUES

MUNAKAHAAT

1. Age at marriage: biological immaturity as reason for voiding a marriage
2. Annulment of marriage to a foster brother/sister based on medical evidence.
3. Medical assessment of libido prior to marriage
4. Medical assessment of male potency
5. Medical assessment of prior female sexual exposure
6. Premarital genetic, physical, and psychological examination of a prospective spouse.
7. Physician evidence of potential genetic anomalies as reason for marital dissolution
8. Spousal allergy to male sperms
9. Pre-marital tests for fertility. Should a spouse disclose fertility problems before marriage?
10. Psychological assessment of mental patients for suitability for marriage
11. Psychological assessment of the feeble-minded,safiih, prior to marriage
12. Medical evidence for parentage: Blood grouping, DNA & chromosomal analysis, biochemical markers, physical features, procreation ability
13. Disowning child in li’aan situation contrary to medical evidence
14. Pregnancy diagnosed during remarriage before end of ‘iddat period
15. Children mixed up in hospital newborn nurseries
16. Stolen or kidnapped children
17. Illegal adoption and loss of contact with biological parents
18. Children lost in war or disasters
19. Rape/gang rape
20. Zina of married woman resulting in pregnancy
21. Mix-up of sperms from more than one husband in artificial insemination
22. Delivery of a baby within 6 months of marriage
23. Psychological assessment of husband pronouncing divorce
24. Divorce by a man in terminal illness, maradh al mawt
25. Khul ‘u by woman in terminal illness
26. Divorce and khul ‘u in illness in general
27. Divorce during pregnancy
28. Divorce during menstruation
29. Medical assessment of physical abuse as reason for annulment of marriage
30. Medical assessment of psychological abuse as a reason for annulment of marriage
31. Psychological disorders leading to loss of interest in and denial of sexual rights
32. Psychological assessment of psychotic condition necessitating marital dissolution
33. Medical assessment of chronic debilitating disease leading to marital dissolution
34. Medical tests of male potency
35. Psychological assessment of spousal hatred: phobias and obsessions
36. Proceeding with the process of li’an in the presence of medical evidence
37. Consideration of the medical evidence before annulment of the marriage in faskh cases
38. Assessment of the mental condition of the husband divorcing by dhihaar
39. Medical evidence in dissolution of marriage to a safiih by khul’u
40. Medical evidence in disputes about end of ‘iddat al talaaq
41. Pregnancy test and shortening ‘iddat
42. Medical assessment of fitness for child custody
43. Medical assessment of minimal nutritional requirements for purposes of computing child support
44. Using medical data bases to trace parents of abandoned children

MAWARIITH

45. Physician witnessing a will of a terminal patient and giving evidence about legal competence
46. Physician being a beneficiary in the will of a terminal patient
47. Medical evidence about life of the fetus after death of the inheritee as a condition for inheritance
48. Medical assessment to determine inheritance of a hermaphrodite with indeterminate sex
49. Inheritance of an illegitimate child whose biological relation to the deceased can be proved medically
50. Inheritance of a child denied by li’aan whose biological parentage is proved medically
51. Inheritance of a spouse in case of death before consummation of marriage
52. Inheritance of a spouse from the diyat of the deceased
53. Inheritance of a spouse in the case of death during the ‘iddat period
54. Medical assessment of the competence of a terminal patient who divorces a spouse resulting in denial of inheritance rights
55. Disqualification of an inheritor who accidentally killed the inheritee
56. Medical determination of  the exact time of death to determine inheritors and inheritees inn cases in which members of one family died at the same time
57. Disqualification of inheritor for being a witness in a capital trial

MU’AMALAAT

58. Psychological assessment of legal competence in disputes about contracts
59. Psychological testing of orphans to determine whether they can be given their property rights
60. Exposure risk assessment in litigations about environmental or occupational exposures
61. Screening of tissues and fluids used in medical procedures

HOMICIDE AND BODY INJURY

62. Identification of the deceased using DNA analysis, blood groupings, etc
63. Medical assessment to determine the extent of injury for compensation in diyat cases 
64. Forensic examination to determine the mechanism and causes of homicides and injuries 
65. Forensic examination to determine the time of injury 
66. Medical assessment to determine the progress of injury and eventual functional loss in determining the amount of diyat

SEXUAL CRIMES

67. Using of forensic evidence to prove rape: DNA analysis, blood groupings

68. Using forensic evidence to convict for fornication

69. Using forensic evidence to convict for homosexuality

70. Forensic evidence to convict for takhannuth or istirjaal