The Code of Muslim Family Law and Law of Inheritance (1941) As Applicable in the Provincial Courts of Southern Four Border Provincess of Thailand: Issues and Prospects

Abstract

This article aims at examining what place does the Code of Muslim Family Law and Law of Inheritance has in the minority Muslim of the Four Southern Border Provinces of Thailand. While many countries such as the Philippines, Sri Lanka where Muslims are minority has recognized officially Islamic Family law as a Law for Muslims. With regard to Thailand Islamic Family on marriage, divorce and wills could not be ignored. Unfortunately the place given to its application has so far been extended to those four border provinces only. While the Thai Civil and Commercial Law Code was applicable throughout the country including in the Four Southern Border Provinces of Thailand. Although there has been an attempt to extend the application of the Islamic Family to Muslims who are staying outside those four provinces, but no attempts have being made to investigate the contents of the Code of Muslim Family Law and Law of Inheritance which is currently applicable in the provincial courts in those four provinces. To a large extent the reforms of the contents of the code should be given priority than its application. This article intends to investigate the content of the Code and the course of future direction by exploring the available alternative according to Thai Constitution to the continued pursuit of reforming several articles in the code towards the Codification of Islamic Family Law in the Four Southern Border Provinces of Thailand.