Legitimacy of Child Under Qanun-E-Shahadat Order, 1984: A Legal Perspective

Abstract

The legitimacy of a child represents a profound legal and social quandary in Pakistan, governed by Article 128 of the Qanun-e-Shahadat Order (QSO), 1984, as well as Islamic jurisprudence, and it is of special importance as far as issues of paternity, inheritance, guardianship and social identity are concerned. However, inconsistencies inherent in these laws have engendered contradictions regarding paternity determination, inheritance rights and the integration of scientific evidence. The main objective of this research paper is to analyze and critique Article 128 and sheds light on the interpretation ambiguities within it and why the judiciary shies away from DNA testing when legitimacy cases occur. Through intensive case study review, it sheds light on the courts’ application of legitimacy, denial of paternity, based on both religious and legal bases. The bottom line is to stress the urgency of a valid test for determining legitimacy to do justice and deliver equity. Given socio-legal implications surrounding legitimacy—particularly in relation to inheritance, guardianship and identity—it argues persuasively for reform in evidence laws to harmonize Islamic principles, judicial reasoning and advancements in science. The research methodology is doctrinal and includes analysis of comparative case law analysis, judicial interpretation, and application of forensic evidence in legitimacy determinations. The research resulted that though Islamic jurisprudence emphasizes Iqrar and marital legitimacy, the dynamic nature of legal systems requires more definitive positions on scientific evidence. In the end, this study recommends legislative amendments to clarify Article 128, judicial acceptance of DNA testing and public awareness initiatives to ensure that the legitimacy determination process is transparent and just; however, challenges remain.