Page 60 - งานเชิดชูเกียรติผู้หญิงนักปกป้องสิทธิมนุษยชน วันสตรีสากล 2562

Thailand appoints special Islamic law judges, called “Dato
yutitham” in Thai, in provincial courts . By having Dato yutitham
perform duties together with the judges of the Court of First Instance
to consider and decide the case of family and inheritance and allow
the court to interpret the principles of the relevant Islamic law and
apply to the family and inheritance case by allowing the decision
in this stage to be final (Section 4) which, if the Dato yuttitham ruled
that the Islamic law was mistaken, the parties could not appeal the
petition which could cause damage In addition, it was found that
the access to justice of Malay Muslim women in the southern border
provinces, there are very few cases of sexual violence cases brought
to court. In addition, according to the Act regarding the enforcement
of Islamic law, Section 3 requires the use of Islamic law to judge civil
cases concerning family matters and Islamic inheritance only in cases
that are brought to court. Therefore may make Islamic law available
in court only.
For the only use of judgments in court but not bound to the
actions of other officials outside the court, namely administrative officials
land officer may not accept Islamic law on marriage,termination of
marriage and the division of inheritance ,resulting to most Muslim women
in the southern border provinces do not have access to justice and
faced with various problems without the measures and guidelines for
protection and remedy for women facing violence in various concrete
forms.In addition to the justice system in the court, there are also
mechanisms at the level of religious leaders and community leaders
who are often men.

1 Piangporn Wisatesin “ Islamic law and inheritances” case study of Satun province court “,Report from training curriculum “Judge who work
as management level in court of first instance “ class of 10 of The institution of development of judicial authority in court of justice ,The court of
justice office ,2012 , page 33
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