Dubai: An increasing number of cases involving denial of paternity is being heard at the country's courts, lawyers and Islamic scholars said.
Dr Ahmad Al Qubaisi, a prominent Islamic scholar, told Gulf News the number of cases involving denial of paternity is in increase in the UAE among Emirati and expatriates.
"Such cases happen frequently here when a housemaid gets pregnant in her sponsor's house and then she accuses one of the male members of having sex with her and getting her pregnant," he said.
Dr Al Qubaisi said it happened also between the housemaids and the driver or gardener of the family were she is working or with the grocery or laundry boy.
He also said some divorcee husbands who want to pressurise their wives after divorce, disprove paternity.
Dr Al Qubaisi said in Islam it is very difficult for a husband to accuse his wife the child she had given birth to is not his child.
"If a husband approached the court to deny his fatherhood of his child he should vow four times on the Quran in front of the judge that his wife had committed adultery and he should also vow that Allah will curse him if he is telling lies," Dr Al Qubaisi said.
He added that such cases are very complicated and the person who tries to accuse his wife that she committed adultery without proof would be lashed and jailed.
Dr Al Qubaisi said if the couple are divorced the case will be more complicated because it will be considered as criminal case and he should prove that to the judge and should approach the criminal court with four male witnesses to confirm that.
"It is not easy here in the country to accuse a woman by committing adultery and the courts are very strict in that and will punish severely those who prove to be liar," Dr Al Qubaisi said.
He added that the DNA test is conducted to prove paternity and to prove if a man is the biological father of another one.
He added that the DNA test will be the last option for courts and it is taken as support to the case but it is not the main.
"Even if the DNA test proves that the father is the biological father of a child, the court still cannot force the father to admit his fatherhood of the child," he said.
While Dr Adel Khamis Al Mimari from Al Etizan Advocate and Consultant in Sharjah told Gulf News most of paternity denial cases are filed by Asian nationals and Arabs.
"I am dealing now with a paternity case. The case is being reviewed by the Sharia court and no verdict has been issued yet," Dr Al Mimari said.
He said a newly wedded couple divorced after less than a year of their marriage. The woman gave birth to a boy shortly after divorce and the man is rejecting the fatherhood of the baby.
"The father is accusing the woman of being pregnant before he married her," he said.
He added the case is now being reviewed by the court of first instance in Sharjah. "Such cases are dealt with according to Sharia because it is a dispute between parents over proving paternity of a child," Dr Al Mimari said.
He said the paternity cases usually arise between newly wedded couples and couples just divorced.
Dr Al Mimari said in the past the Sharia judges used to solve such issues between the couple amicably so as not to ruin the mother's reputation.
The child is usually given to the mother.
"But now the issue is different as there is the DNA test, hospital and doctor's testimony on the timing of delivery, medical reports about timing of pregnancy and many other issues which can prove the relation between a father of a baby."
Dr Al Mimari said DNA testing usually has a 99.999 per cent accuracy rate out of 100,000 and the result is accepted by the judges to prove the fatherhood of a child.
He said if investigations prove the child is not related to the father then the baby will be given to his mother and the judge will pass a sentence in this regard.
Reasons: Inheritance greed
Judge Salem Obaid Othman, Head of Sharia court in Dubai, said paternity denial cases are discussed by Sharia court and criminal court.
He said many parents who do not have legal documents and are living in the country for many years, register their children at schools in the name of Emirati people because the law here does not allow children of people without documents to enrol in schools.
"After the death of the father, ... usually other brothers and sister file case at the court for disproving paternity of that brother or sister and this is because of the inheritance," he said.
He added there are cases of housemaids who accuse the son or the husband were they are working of having relation with them or raping them and they want to prove that he is the father. "Such cases are criminal cases," he said.
