Mutcah and Ciddah Maintenance: A Critical Analysis on the Implementation in the Context of the Family Law of Thailand and the Islamic Family Law of the Southern of Thailand

Abstract

The issue on Mutcah and cIddah maintenance after divorce has been a continuous debate since decades ago among the Muslim scholars. The Muslim women in the Southern of Thailand are not exempted from this issue. This mini research is meant to identify the implementation of the right of Mutcah and cIddah maintenance in the context of the Family Law of Thailand and the Islamic Family Law of The Southern of Thailand. As the approach to obtain the findings, this research used content analysis on the previous researches conducted by the local scholars. The findings show that the right of Mutcah and cIddah maintenance is placed at the high level in Islam as it is compulsory for the husband who divorced the wife to give the right throughout the cIddah period. Besides, the right of Mutcah and cIddah maintenance is also found in both laws. Even though it is not clearly stated as Mutcah and cIddah maintenance in the Family Law of Thailand, the protection and assurance given by the husband who divorced the wife are listed. Hence, it has been proven that the rights of women who have been divorced by the husbands are still protected as long as they do not break the conditions listed by both laws.

DOI: 10.5901/mjss.2015.v6n6s4p241