The Administrative problems of Islamic family law and inheritance in Thailand

Abstract

This thesis is a study of the administrative problems of Islamic Family Law and Inheritance in Thailand. The problems are classified into five areas: the problem of the codification; the problem of the absence of the Shar'i'ah Court; the problem of the absence of Muslim procedural law; the problem concerning the institution of the Dato'Yutitham and the problem of the limited application of Islamic Family Law and Inheritance. In conducting the research, various methods of analysis have been utilised namely descriptive methods, historical methods and comparative methods. In addition, the study is based on library research, therefore, the data are obtained through the collection and compilation of the written sources. The study concludes that some provisions of the Muslim Code on family and inheritance are outdated so they need to be amended immediately. The study also indicates that the Muslim Code is not regarded as effective law as it has never been debated and approved by the Parliament Assembly. Therefore, it should be included as part of the Act of 1946 which governs the administration of Islamic Family Law and Inheritance in Thailand. The study further demonstrates that the Thai judiciary has established several courts of specific jurisdiction to deal with specific cases. Therefore, it is recommended that the Thai judiciary should also establish the Shari'ah Court to provide the Dato'Yutitham with exclusive power in dealing with Muslim cases of family and inheritance.