Translation:Act on Application of Islamic Law in Pattani, Narathiwat, Yala, and Satun Provincial Areas, 2489 BE

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Act on Application of Islamic Law in Pattani, Narathiwat, Yala, and Satun Provincial Areas, 2489 BE (1946)
National Assembly of Thailand, translated from Thai by Wikisource

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National Assembly of Thailand1443368Act on Application of Islamic Law in Pattani, Narathiwat, Yala, and Satun Provincial Areas, 2489 BE1946Wikisource

Issue 77Volume 63

633
Royal Gazette

3 December 2489

Act
on Application of Islamic Law in Pattani,
Narathiwat, Yala, and Satun Provincial Areas,
2489 BE

In the name of King Bhumibol Adulyadej
The Council of Regency

Rangsit Krommakhun Chainatnarenthon
Phraya Manawaratchasewi

Given on the 19th day of November 2489 BE
Being the 1st year of the present reign

Whereas it is appropriate to permit the application of Islamic law to the ruling by the courts of first instance in the provinces of Pattani, Narathiwat, Yala, and Satun of civil cases of followers of Islam relating to families and succession when followers of Islam are both the instituting party and the defending party or are submitters of non-contentious applications;

Therefore, by and with the advice and consent of the National Assembly, the Monarch gives a Great Royal Command that the following Act be enacted:

Section1.This Act is called the Act on Application of Islamic Law in Pattani, Narathiwat, Yala, and Satun Provincial Areas, 2489 BE.

Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.In the ruling by the courts of first instance in the provinces of Pattani, Narathiwat, Yala, and Satun of civil cases of followers of Islam relating to families and succession when followers of Islam are both the instituting party and the defending party or are submitters of non-contentious applications, Islamic law on families and succession shall apply instead of the provisions of the Civil and Commercial Code on those matters, save the provisions on limitations governing succession, regardless of whether the causes of action occur before or after the day of coming into operation of this Act.

Section4.At a court of first instance, a qadi shall be on the bench together with judges for trying the cases under section 3.

The qadi shall have the powers and duties to rule upon issues of Islamic law and sign the judgments made in accordance with his rulings.

In those cases, the rulings of the qadi on issues of Islamic law shall be final.

Section5.The provisions of the Civil Procedure Code on recusal of judges shall apply mutatis mudandis to recusal of qadis.

When there arises a cause which prevents a qadi from serving, the parties shall, by mutual agreement, select a follower of Islam to serve in place of the qadi only for such case. If no agreement can be reached, each party shall nominate to the chief judge of the court an equal number of appropriate followers of Islam, but not exceeding three each. Once anyone is selected by the chief judge of the court out of the lists submitted by the parties, that one shall serve in place of the qadi only for such case.

Section6.The provisions of this Act do not affect the cases pending before the courts on the day of coming into operation of this Act. But if a case is pending before a court of first instance and a party, or the submitter of a non-contentious application, whichever applies, applies to the court within thirty days from the day of coming into operation of this Act for the application of this Act, the court shall order re-submission of the plaint or application and proceed to try and adjudicate upon the case in accordance with this Act.

Section7.The Minister of Justice shall be in charge of the implementation of this Act.

Countersignature
Rear Admiral T Thamrongnawasawat
Prime Minister

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

For any other work that was created or commissioned by the Thai Government, it is in the public domain if at least 50 years have elapsed since its first publication or it was not published within 50 years of authorship.

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Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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