Abstract
This paper aims to analyse the law of waqf in Thailand. There are some provisions in the Royal Act-1974 concerning Muslim mosque and mosque property in general. However, this Act does not reflect the status of waqf property in Islamic law. Of course, other laws, for example Thai Civil and Commercial Law Code 1934, the Royal Act concerning the Administration of Islamic organization, 1997, the Patronage of Islam Act of 1945 and Thai National Land Code, 1951, speak about the property and trust. The crucial issues as to whether those laws adequately protect the waqf property right for Muslims in those four provinces and other Muslims in the country.
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- 1.
Thanet Aphonrnsuvan, History and Politics of the Muslims in Thailand , Thammasat University, p. 5.
- 2.
Including zakat institution.
- 3.
Praertchob, Preeda, Mobilization of Resources Through waqf in Thailand, in Ariff, M. (ed.), The Islamic Voluntary Sector in Southeast Asia, Pasir Panjang Singapore, Institute of Southeast Asian Studies, 1991, pp. 233–258.
- 4.
See section 26(1)(2) the Royal Act concerning the Administration of Islamic Organization 1997.
- 5.
Hereinafter abbreviated, as the PIRC.
- 6.
Rongruj Reung Watwong, Krub Khrua (Family) (Bangkok: Winyuchun, n.d.,) at 12–13.
- 7.
It is a Thai word which means Thai Buddhist temples.
- 8.
The correct spelling is Muslims.
- 9.
The word “Yuthitham” is a Thai word which means justice whereas the word “Dato’” is a Malay word which is referring to a venerable person. However, the Malay Muslims in the south of Thailand usually call the Muslim judges as “tok Kadi”. According to the rule of administration in the seven principalities of 1902, the title of the Muslim judge was called “tok kali”. This title was first employed by the Thai government to refer to a Muslim judge. In 1917, the Ministry of Justice has changed the title of the kali to Dato’ Yuthitham. See a letter issued by the Ministry of Justice No: 30/4353 dated on 24 September 1917. For further reading on the roles and qualifications of the Dato’ Yuthitham in the Provincial court, see Sulaiman Dorloh, The Position of Islamic Law in the Four Southern Border Provinces of Thailand. Journal Shariah, 14 (July–December 2006), at 6–7.
- 10.
It is a Thai word which mean acre.
References
Aphonrnsuvan, T. (n.d.). History and Politics of the Muslims in Thailand, Thammasat University.
Dorloh, S. (2006, July–December). The Position of Islamic Law in the Four Southern Border Provinces of Thailand. Journal Shariah, 14, 115–130.
Dorloh, S. (2008). The Status of Waqf Properties in the Malay-Muslim Majority Areas of Thailand: A Legal Survey. Search on 10 January 2015, from http://www.kantakji.com/fiqh/files/waqf/z109.doc.
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Mudmarn, S. (1994). Social Science Research in Thailand: The Case of the Muslim Minority. In O. F. Bajunid (Ed.), Muslim Social Science in ASEAN. Kuala Lumpur: Yayasan Penataran Ilmu.
Praertchob, P. (1991). Mobilization of Resources Through Waqf in Thailand. In M. Ariff (Ed.), The Islamic Voluntary Sector in Southeast Asia. Pasir Panjang Singapore: Institute of Southeast Asian Studies.
Watwong, R. R. (n.d.). Krub Khrua (Family). Bangkok: Winyuchun.
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Pattanaprichawong, A., Dorloh, S. (2019). Analysis of the Law of Waqf in Thailand. In: Ali, K., Hassan, M., Ali, A. (eds) Revitalization of Waqf for Socio-Economic Development, Volume II. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-18449-0_6
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