Whereas it is expedient to apply Islamic law to decision on a civil case relating to family and succession matter of fol
Unofficial Translation ACT ON APPLICATION OF ISLAMIC LAW IN AREAS OF PATTANI, NARATHIWAT, YALA AND SATUN CHANGWAT, B.E. 2489 (1946) In the Name of His Majesty King Bhumibol Adulyadej, The Council of Regency, Rangsit Krom Khun Chainatnarenthon; Phraya Manawaratchasevi. Given on the 19th Day of November B.E. 2489; Being the 1st Year of the Present Reign. Whereas it is expedient to apply Islamic law to decision on a civil case relating to family and succession matter of followers of Islamic religion in the Courts of First Instance in Pattani, Narathiwat, Yala and Satun Changwat, provided that both plaintiff and defendant thereof, or the person submitting a request in an undisputed case is a follower of Islamic religion; Be it, therefore, enacted by the King, by and with advice and consent of the National Assembly, as follows: Section 1. This Act is called the “Act on Application of Islamic Law in Areas of Pattani, Narathiwat, Yala and Satun Changwat, B.E. 2489 (1946)”. Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.1 * Translated by Mr. Tohpong Smiti under contract for the Office of the Council of State of Thailand's Law for ASEAN project. - Initial version- pending review and approval. 1 Published in the Government Gazette, Vol. 63, Part 77, page 633, dated 3rd December B.E. 2489. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.
2 Section 3. In deciding a civil case relating to family and succession matters of followers of Islamic religion in the Court of first instance in Pattani, Narathiwat, Yala and Satun Changwat, if both plaintiff and defendant thereof, or the person submitting a request in an undisputed case is a follower of Islamic religion, Islamic law on family and succession shall apply in place of the provisions of the Civil and Commercial Code on such matter, except for the provisions on succession prescription, irrespective of whether the course of action has arisen prior or subsequent to the date on which this Act comes into force. Section 4. A case of the Court of first instance under the provision of section 3 shall be tried by one kadi together with judges. Kadi shall have the powers and duties to make a decision on an issue of Islamic law, and shall also put his signature on the judgment made in accordance with such decision. The decision of kadi on an issue of Islamic law shall be final in such case. Section 5. The provisions of the Civil Procedure Code on disqualification of judge shall apply to the disqualification of kadi mutatis mutandis. Where there is a cause that renders the kadi unable to perform the duties, the parties shall made agreement to select one follower of Islamic religion to perform the duties in place of the kadi for such particular case. If the parties fail to reach the agreement, each party shall separately nominate equal number of suitable followers of Islamic religion, which may not exceed three persons, to the Chief Judge. When the Chief Judge has selected a person from the name list submitted by the parties, such person shall perform the duties in place of the kadi for such particular case. Section 6. The provisions of this Act shall not affect cases pending in the Courts on the date on which this Act comes into force, except for cases pending in the Courts of First Instance, to which the provisions of this Act shall apply, if the party thereof or the person submitting the request in an undisputed case, as the case may be, has made DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.
3 a request to the Court within thirty days from the date this Act comes into force. In this case, the Court shall order the resubmission of the plaint or request, and shall proceed with the trial and adjudication of the case in accordance with this Act. Section 7. The Minister of Justice shall have charge and control of the execution of this Act. Countersigned by: Rear Admiral Thawal Thamrongnavaswadhi Prime Minister
DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.
