lineage

Lineage is a lofty relationship that links the descendants to the ancestors. It preserves their relationships and protects their rights. For that, the Islamic Charia had issued instructions in order to guarantee its clarity and  its continuity.

I- The definition of lineage. It is to give a child the name of his biological parents.

II-The factors that confirm lineage.

Lineage is proved by legal marriage. This requires the following conditions:

a- The pillars and the conditions of marriage must be fulfilled.

b- Marriage should be consummated.

c- The child should be born between the sixth and the twelfth months of pregnancy. In fact, the least period of pregnancy is confirmed in the following verses. The Almighty Allah Said:

 «…His bearing and weaning are thirty month … ». [Surat Al Ahqâf/The Sand Dunes, from the verse 15].

«…And his weaning in two years». [Surat Luqman, from the verse 14].

So, when we substrate twenty four months -that are mentioned in the second verse- from thirty months -that are mentioned in the first verse- we find six months which is the least period, whereas the utmost period is around twelve months.

d- To deny the lineage of one ’s child because of liâan( the fact of accusing

one’ s wife of unfaithfulness (or fornication). In this case, the child will take the name of his mother.

2- The confirmation of lineage by a void marriage.

A legal marriage can  be nullified either because of the lack of one of its pillars such as  the two witnesses or because of the apostasy of both the child’s parents or one of them.

3- The suspicious marriage proves lineage.

It is a consummated marriage on suspicion of its legitimacy. Afterwards, its illegitimacy is  confirmed  as if a man discovers that his wife is his sister by suckling. Therefore, this marriage is forbidden. The spouses must be separated and the children keep the lineage of their  parents.

III- The reasons that reveal lineage.

There are many reasons that reveal a real lineage:

1- Lineage is proved by a clear proof (evidence): The witnesses of a doctor or a midwife or others are clear proofs to confirm the real lineage.

2- Lineage is confirmed by confession: When a person  confesses the lineage of an anonymous child (i.e. to be his own child). So, the confessor has to fulfil the following conditions:

a- He should be mature, wise and free will person .

b- He should ignore the lineage of the adopted child s’ parents.

c-The difference in age should be reasonable between the confessor and the adopted child.

*The difference between confession  and adoption.

Confession is to acknowledge the real lineage of an anonymous child. Unlike confession, adoption is not allowed because the child does not carry the name of his legal parents.

IV- Lineage is used to confirm or to deny lineage.

 D N A  is a type  of nucleic acid found in the cells of human body  that carries genetic information. It does not confirm lineage 100% but rather 99,95%.

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