Research view
| Title: | Revealing the secrets of the body: medical tests as legal evidence in personal status disputes in modern Egypt. |
| Author: | Shaham R. |
| Abstract: |
The study seeks to answer the following question: In the field of personal
status, what kinds of medical tests have been considered reliable and acceptable
by Egyptian courts of law, what kinds have been less accepted, and why? The main
finding is that, on the one hand, the judges (qadis) have welcomed tests that
seek to determine age or to discover physical diseases and/or mental disorders.
On the other hand, they have been reluctant to introduce tests to determine
virginity and pregnancy tests, and even more so to introduce paternity tests that
might bring into light manifestations of moral laxity within Egyptian society and
jeopardize the future of illegitimate children. In conclusion, the main
resistance to the reliance on modern medical evidence has not been the lack of
modern knowledge and technologies or opposition to this, but rather traditional
moral and social perceptions.
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| Journal: | Med Law. 2003;22(1):131-54. |