ميراث المرأة في الشريعة الإسلامية والقانون المدني التايلاندي - دراسة مقارنة

Abstract

This research is simply a comparative study between woman inheritance in Islamic law and Thailand Common law. The statement of problem arises in the sense that many people in Thailand environment do not know about the Islamic aspect of woman inheritance and its equal rights its distributing inheritance. It also explains how Thailand law possesses inheritance to both male and female equally. It also gives inheritance to branch through adoption. This study aims to answer the most important question in terms of woman inheritance in the light of Islamic set off and their similarities and differences in Thailand common law. Theoretical research approach is adopted by the researcher whereby all literature books related to this study, traditional old modern books as well as books related to law are also used. Comparative descriptive research method is adopted in this study whereby the researcher compares and contrasts between the Islamic law and Thailand common law. Comparative analytical approach is also utilized to juxtapose the proof that the Islamic law and Thailand law brought in a logical manner, knowledgeable organized study and exposing the similarities and the benefits of this study. Which are: Thailand common law corresponds to Islamic law in most cases. They both agreed that some inheritors would always inherit, they shall not be blocked or cut off by another inheritor. Despite the fact that there are two types of blocking inheritance: Descriptive blocking and personal blocking. It is mandatory for heirs to prepare all sort of cleansing and good care for the deceased, settling his debt and fulfilling his wills before distributing and sharing properties. Thailand common law also goes in line with the Islamic rule of law where by an unborn child will be entitled to inheritance with the condition that he's being born alive. Both laws also agree that the properties of unfound child will not be shared unless if the judge gives order to share it. Both laws stipulate that a child born out of lawful wedlock and cursed child would not inherit in the father's side. Both laws contrary each other in a situation where an adopted girl will not be entitled to inheritance and no stipulated will made the deceased to certain heir shall be fulfilled. Also, certain seven people are obliged to specific percentage in the Islamic law, in contrary to the Thailand law, where two sisters from the same parent will not always block sister from another father and a branch born from another female branch will not inherit. In the case of multiplicity of agnate and difference in race, a male child will receive double of what a female child receives, in contrary to the Thailand law where it always block a sister from another father and grants a child from a female branch. Also in case of multiplicity of agnate and difference in race, inheritance will be equally shared.