نسب ولد اللعان وميراثه : دراسة مقارنة بين الشّريعة الإسلامية والقانون الماليزي

in Arabic: إن نسب ولد اللّعان وميراثه من أبيه الذي نفاه ولاعن على نفيه، يعدّ من المسائل التي لها اعتبارها في الشّريعة والقانون، وذلك لتعدّي الأثر المترتّب على نفي نسبه من أبيه، إلى حرمانه من الميراث من هذا الأب وأسرته، وقد أقرّت بعض المحاكم تحليل البصمة الوراثية عند نفي نسب الولد، وهنا تكمن مشكلة البحث، وذلك فيما إذا نفى الأب الابن وأقرّت نسبه البصمة الوراثية. هدفت هذه الدّراسة إلى التّعريف بولد اللّعان من النّاحية الشّرعية والقانونية، ثم بأهمية تحليل البصمة الوراثية كدليل يعمل به عند تضارب الأقوال بين الزّوج والزّوجة، وقد اعتمدت الدّراسة في هذا البحث على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم، والنّظر في سبب الخلاف بينهم، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في القانون الماليزي، وقد خلصت هذا الدّراسة إلى نتائج مهمّة منها: أن الولد يبقى على نسب أبيه ما لم ينفه ويلاعن عليه، وأنّ فصل القول عند نفي نسب الولد أو إثباته يرجع إلى تحليل البصمة الوراثية، وأن ولد اللّعان لا ينتفي نسبه وميراثه إلا إذا وافق تحليل البصمة الوراثية قول الزّوج الملاعن. Abstract in English: The lineage of al-li`an child and his inheritance from his father, who denied him and performed oath of condemnation (al-mula’anah) is considered one of the crucial issues in the Sharia and the law. This is because of the serious effects of denying his lineage from his father, which leads to depriving the child of the inheritance of the father and his family. Some courts accepted the analysis of the DNA when denying the child's lineage. Based on this fact, the issue has raised, especially when there is a conflict between the father’s denial of his son and the court’s finding based on DNA result. Which one is to be accepted if the father denied while the court confirmed his child’s lineage? This study aimed at introducing al-li`an child from Sharia and legal points of view, and the importance of analyzing the genetic footprint (DNA) as a guide to be used when there is a conflict between husband and wife in their opinions. The research methods used in this study are the inductive approach by tracking the views and evidence of the Islamic jurists and examining the reasons for the disagreement among them. In comparison, the analytical and comparative methods are used to discuss and analyze the opinions of the jurists and their evidence and compare these provisions with what is being practiced in Malaysian law. This study has reached some important results among others: the child of al-li`an remains a legitimate child as long as the father did not deny his lineage. The final decision on denying or confirming child’s lineage is based on the analysis of the genetic fingerprint (DNA result). Therefore, the lineage of al-li’an child and his inheritance right remains valid or undeniable unless the analysis result of the genetic fingerprint conforms with the statement of the father who denied his child lineage through al-li`an (oath of condemnation).

Identifikasi Molekular Kekerabatan Genetik Kopi Wamena Berbasis Marka Random Amplified of Polymorphic DNA (RAPD)

Baliem Coffee or Wamena Arabica Coffee is classified as a specialty coffee that has a distinctive aroma and taste as one of the world's best coffees. Wamena coffee has a high commercial value, there are many advantages of Wamena coffee. Growing on a variety of soil types, elevation, coffee variety, and durable. The quality of Wamena coffee must be maintained by the local government. However, this elite coffee germplasm is threatened with extinction and is in a dangerous situation due to habitat destruction due to forest clearing, land use change and the potential for competition with various disease-resistant varieties. This study aims to identify molecularly the genetic relationship of Wamena Arabica coffee in Jayawijaya district with the Random Amplified Polymorphic DNA (RAPD) markers as molecular markers. The stages in this study were sample collection, morphological observations, genomic DNA extracted using the CTAB method, gene amplification process using PCR-RAPD molecular markers with ten primers, measurement of DNA concentration using a spectrophotometer, and data analysis using UPGMA NTSYS version 2.1. The electroferogram results showed that pRAPD1, pRAPD2 and pRAPD5 primers produced a band pattern with high polymorphism as well as indicating the genetic diversity of the Coffea arabica L. arabica coffee samples tested. Based on the dendogram construction analysis, the arabica coffee sample Coffea arabica L. which was tested on 5 coffee genotypes, obtained 2 coffee groups, namely Group 1 consisting of one variety, namely sample (V) Arabica Typica from the Assolokobal area. Group 2 with four varieties, namely samples (I) Arabica Catimor, (II) USDA, (III) Arabica PM 88, and (IV) Arabica Linies 795, from Wollo. Phylogenetic tree construction resulted in a similarity coefficient of 83%, indicating the high relationship between Arabica coffee populations. The results of this study have obtained a genetic fingerprint profile of wamena specialty arabica coffee, namely its genetic relationship. The superiority of the genetic composition of Wamena coffee in Jayawijaya district in the future has the potential to be derived through much more advanced molecular technology.

أولاد الزّنا وحيثية الاعتراف بحقهم في النّسب والميراث: دراسة تحليليّة من المنظور الشّرعي وقانون الأسرة الماليزي

Islamic law granted the biological father the right to recognize his illegitimate child, who was not born within marriage, and he has the right to include him in his lineage and inheritance. However, Malaysian Family Law prohibits the illegitimate child from being attached to his biological father, even if he acknowledged him. Here lies the problem of the research, as this prohibition resulted in the lack of recognition of their lineage and the forfeiture of their right to inherit from his father and his family as well. Aims and Objectives: This study aimed to define the illegitimate child of adultery from the Sharia and law. This demonstrates the practice of Maqasid Shari’a in preserving the progeny and the benefit of Sharia by incorporating this category of society. Consequently, reducing the spread of adultery, by prosecuting the perpetrators through genetic fingerprint analysis. Methodology: This study has taken the inductive approach by following the opinions and evidence of the jurists regarding the inheritance and lineage of the illegitimate child, and the cause of the dispute between them It also relied on the analytical approach by discussing the opinions and evidence of jurists and analyzing these rulings from the legal and Malaysian family law perspectives. Results and Findings: The important results of this study concluded that the biological father has the right to inherit his illegitimate son in his lineage according to the conditions set by Islamic law, and he inherits from him and his father's family as well. The society general interest requires us to compel the biological father to recognize his son if the mother testifies to the paternity of her son from him and the genetic fingerprint confirmed her claim. Thus, preserving his full right to lineage, alimony, and inheritance, and integrating as a legitimate child into the society.

Genome-wide characterization of genetic diversity and population structure of Valeriana officinalis L.

Background: Valeriana officinalis L. is one of the most important medicinal plant with a mild sedative, nervine, antispasmodic and relaxant effect. Despite a substantial number of studies on this species, population genomics has not yet been analyzed. The main aim of this study was: characterization of genetic variation of natural populations of V. officinalis in Poland and comparison of variation of wild populations and the cultivated form using Next Generation Sequencing based DArTseq technique. We also would like to establish foundations for genetic monitoring of the species in the future and to develop genetic fingerprint profile for samples deposited in gene bank and in natural sites in order to assess the degree of their genetic integrity and population structure preservation in the future.Results: The major and also the most astounding result of our work is the low level of observed heterozygosity of individual plants from natural populations despite the fact that the species is widespread in the studied area. Inbreeding, in naturally outcrossing species such as valerian, decreases the reproductive success. The analysis of the population structure indicated the potential presence of metapopulation in a broad area of Poland and the formation of a distinct gene pool in Bieszczady Mountains. The results also indicate the presence of individuals of the cultivated form in natural populations in the region where the species is cultivated for the needs of the pharmaceutical industry and this could lead to structural and genetic imbalance in wild populations.Conclusions: The DArTseq technology can be applied effectively in genetic studies of V. officinalis. The genetic variability of wild populations is in fact significantly lower than assumed. Individuals from the cultivated population are found in the natural environment and their impact on wild populations should be monitored.

Resistance at No Cost: The Transmissibility and Potential for Disease Progression of Drug-ResistantM. Tuberculosis

BackgroundThe future trajectory of drug resistant tuberculosis strongly depends on the fitness costs of drug resistance mutations. Here, we measured the association of phenotypic drug resistance and the risk of TB infection and disease among household contacts (HHCs) of patients with pulmonary TB.MethodsWe evaluated 12767 HHCs of patients with drug sensitive and resistant pulmonary TB at baseline, two, six, and 12 months to ascertain infection status and to determine whether they developed tuberculosis disease. We also assessed the impact of drug resistance phenotype on the likelihood that a TB strain shared a genetic fingerprint with at least one other TB patient in the cohort.FindingsAmong 3339 TB patients for whom were DST available, 1274 (38%) had TB that was resistant to at least one drug and 478 (14⋅3%) had multi-drug resistant (MDR) TB, i.e. TB resistant to both INH and rifampicin. Compared to HHCs of drug sensitive TB patients, those exposed to a patient with MDR-TB had an 8% (95% CI: 4-13%) higher risk of infection by the end of follow up. We found no statistically significant difference in the relative hazard of incident TB disease among HHCs exposed to MDR-TB compared to DS-TB (Adjusted HR 1⋅28 [(95% CI: ⋅9-1⋅83]). Patients with MDR-TB were more likely to be part of a genetic cluster than were DS-TB patients.InterpretationClinical strains of MDR M. tuberculosis are neither less transmissible than drug sensitive strains nor less likely to cause disease. (ClinicalTrials.gov number,NCT00676754)FundingNational Institutes of Health: NIH/NIAID CETR U19AI109755StatementAll authors have seen the manuscript and approved the manuscript.

Listeria monocytogenes Isolated from Illegally Imported Food Products into the European Union Harbor Different Virulence Factor Variants

Unregulated international flow of foods poses a danger to human health, as it may be contaminated with pathogens. Recent studies have investigated neglected routes of pathogen transmission and reported the occurrence of Listeria monocytogenes in food illegally imported into the European Union (EU), either confiscated at four international airports or sold illegally on the Romanian black market. In this study we investigated the genotype diversity and the amino acid sequence variability of three main virulence factors of 57 L. monocytogenes isolates. These isolates were derived from 1474 food samples illegally imported into the EU and originated from 17 different countries. Multilocus sequence typing revealed 16 different sequence types (STs) indicating moderate genotype diversity. The most prevalent STs were ST2, ST9, and ST121. The pulsed-field gel electrophoresis (PFGE) analysis resulted in 34 unique pulsotypes. PFGE types assigned to the most prevalent STs (ST2, ST9, and ST121) were highly related in their genetic fingerprint. Internalin A (InlA) was present in 20 variants, including six truncated InlA variants, all harbored by isolates of ST9 and ST121. We detected eight ST-specific listeriolysin O (LLO) variants, and among them, one truncated form. The actin-assembly-inducing protein ActA was present in 15 different ST-specific variants, including four ActA variants with an internal truncation. In conclusion, this study shows that L. monocytogenes, isolated from illegally imported food, have moderate genotype diversity, but diverse virulence factors variants, mainly of InlA.