Children Maintenance: The Rights in Islamic Family Law and the Law of Thailand

Abstract

Maintaining relationships in the family, parents are responsible for providing maintenance to children and provide them appropriate education. This responsibility to give until puberty or do have the capability to support themselves. This paper aims to discuss the position children maintenance in Islamic Family Law and the Law of Thailand. The discussion in this paper include provisions Islamic Famity Law and the Law of Thailand, whether the Civil Law or Islamic Family Law that has been used in the four districts of the Southern of Thailand which are Patani, Narathiwat, Yala and Satul. The discussion started by providing the definition of children maintenance and the children rights, as well as the children maintenance in the Islamic Family Law. Subsequently, the discussion followed by the explanation on the protection of the Islamic Family law in the Southern of Thailand and the Law of Thailand regarding the children maintenance. Tha research it can be concluded that giving maintenance is compulsory to be settled as explained in the al-Qur’an and al-Sunnah. children maintenance is the parents’ responsibility based on their capability. The rights and position of children maintenance is very precious to the community and laws as it is written in both laws to protect the children completely.

DOI: 10.5901/mjss.2015.v6n4p193