إثبات النسب يف الفقه اإلسالمي وتطبيقاته يف القضاء العراقي

This study dealt with an important topic of jurisprudence related to social life, entitled: "Proving lineage in Islamic jurisprudence and its applications in the Iraqi judiciary." The issue of proving or denying parentage is one of the critical and crucial issues in any society, because of the rights and duties that entail, such as the issue of proving rights, such as inheritance and alimony. Islamic law has developed solutions to prevent the mixing of lineages, the loss of rights, the spread of adultery, fornication, and incest marriage through the jurisprudence of jurists and scholars to set conditions and controls to reduce and limit the effects of the aggravation of the issue of unknown identity and lineage. Legislators in jurisprudence and law have sought to enact legislation in the interest of this category of children, and to ensure that the children are attributed to the fathers when there is evidence. Legislators expanded the means of proving parentage, reduced the chances of denying it, gave them names and identities, and preserved their dignity, with the aim of integrating them into societies. The principle is that every child born of a husband and wife is considered a legitimate son unless proven otherwise. The study followed the descriptive and analytical method when collecting sayings from jurisprudence and legal books, listing evidence regarding the issue of proving parentage and its ancient and modern means, and analyzing these quotes to clarify the legal and legal ruling on the matter. The conclusions of this study were that That Sharia fought everything that harms society and causes mixing of lineages, such as adultery and adoption, and abolished the bond of adoption to replace it with the bond of brotherhood in religion. The Sharia also adopted several reasons for proving lineage: a good marriage contract, a corrupt marriage contract, and suspicious intercourse. As for the Iraqi judiciary, there was no text in it about proving lineage from a corrupt marriage, an entry under suspicion, or from the waiting period from a revocable or irrevocable divorce, or from death, this is a clear deficiency in the law. In the issue of methods of proving parentage: Islamic jurisprudence relied on several methods to prove it, which are: (bedding and affirmation, legal evidence, denying parentage by li'aan, and DNA fingerprinting with conditions: the competence and fairness of those in charge of reading the DNA, and the husband is certain