Children’s protection in the issue of Hadhanah based on Islamic family law and the law of Thailand

Abstract

This paper analyses Children Protection in the Islamic Family Law of the Southern of Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of the Southern of Thailand and to which extent the laws stated follow the syarak rules. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws are originated from distinguished backgrounds. Therefore, both laws play crucial role in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.