Home

ISLAMIC MEDICAL EDUCATION RESOURCES 04

0005-FORENSIC EVIDENCE

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

0005-FORENSIC EVIDENCE

Outline and issues for Medicine and Fiqh discussion held on Saturday 27th 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

  1. Physician witnessing a will of a terminal patient and giving evidence about legal competence
  2. Physician being a beneficiary in the will of a terminal patient
  3. Medical evidence about life of the fetus after death of the inheritee as a condition for inheritance
  4. Medical assessment to determine inheritance of a hermaphrodite with indeterminate sex
  5. Inheritance of an illegitimate child whose biological relation to the deceased can be proved medically
  6. Inheritance of a child denied by li’aan whose biological parentage is proved medically
  7. Inheritance of a spouse in case of death before consummation of marriage
  8. Inheritance of a spouse from the diyat of the deceased
  9. Inheritance of a spouse in the case of death during the ‘iddat period
  10. Medical assessment of the competence of a terminal patient who divorces a spouse resulting in denial of inheritance rights
  11. Disqualification of an inheritor who accidentally killed the inheritee
  12. 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
  13. Disqualification of inheritor for being a witness in a capital trial

 

MU’AMALAAT

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

 

HOMICIDE AND BODY INJURY

  1. Identification of the deceased using DNA analysis, blood groupings, etc
  2. 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

Professor Omar Hasan Kasule May 2005