Proceedings of the 9th International Academic Conference, Istanbul

THE IMPLEMENTATION OF ISLAMIC FAMILY LAW IN A MALAY MUSLIM SOCIETY IN THE THREE BORDER PROVINCES OF SOUTHERN THAILAND.

MUHAMMADRORFEE-E MUSOR

Abstract:

The Islamic family law widely implemented within Muslim communities in the world but it manifested differently in different culture, legal and institutional context. In this incident research is a documentary research which objectives of the study are to explore the historical background of a Malay Muslim society in the three border provinces of southern Thailand to understand characteristics of legal system in this area and discuss about the implementation of Islamic family law in a Malay Muslim society which can be seen as minority group in Thailand. The study found that the current Malay Muslim society has been influenced by three historical periods: pre-Hindu, Hindu and Islamic periods. The Islamic family law is not associate with the state or territorial power, nor is it the law of general application. The rules of Islamic family law are local, non-literary and non-textual. The Islamic family law was limited only within the villages level. There is no institution responsible for enforcing this law. Therefore, there are many obstacles of the administration of Islamic family law which is effected to a Malay Muslim in that area in order to access to justice by using Islamic family law.

Keywords: Islamic family law; legal pluralism; Malay Muslim society; law and society

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