Currently, in the 4 southern border provinces — Narathiwat, Pattani, Yala, and Satun — Muslim men and women can resolve family issues using Islamic law, since the Islamic Law on Family and Inheritance (Court of Justice Edition) B.E. 2554 shares similarities with the Civil and Commercial Code (Book 5) on Family, which is likewise a body of law enacted by the legislature. However, there are similarities and differences between these two laws in some basic respects, and to allow an overview to be considered, the following information is a brief summary from the research titled The Divorce Comparative Reasons in Case Study of Divorce and Ending Marriage Under The Civil and Commercial Code, 5th Family, with Islamic Family and Succession Legacy (Court of Justice edition) 2554, 1th Family within The Multicultural Community (May 15 2022)
Grounds for divorce that are the same between the two laws
| Grounds for divorce | Civil and Commercial Code | Islamic Law (Thailand) |
|---|---|---|
| Ground: either spouse’s inability to consummate the marriage | ✅Section 1516(10) | ✅ Article 148(1)a |
| Ground: either party is insane, or has a serious contagious disease | ✅Section 1516(7), Section 1516(9) | ✅Article 148(1)b |
| Ground: either party has disappeared / is missing | ✅Section 1516(5) | ✅Article 148(3) |
Grounds for divorce that are similar between the two laws
| Grounds for divorce | Civil and Commercial Code | Islamic Law (Thailand) |
|---|---|---|
| Ground: failure to support and maintain the family | ✅ Both husband and wife must help each other, under Section 1516(6) | ✅ Is solely the husband’s duty, under Article 148(1)c |
Grounds for divorce that are different between the two laws
| Ground for divorce | Civil and Commercial Code | Islamic Law (Thailand) |
|---|---|---|
| Ground: either party’s misconduct, criminal act, and others | ✅Section 1516(2)a | ❌Not explicitly stipulated |
| Ground: being insulted due to the spouse’s misconduct with another person | ✅Section 1516(2)b | ❌Not explicitly stipulated |
| Ground: undue hardship arising from living conditions | ✅Section 1516(2)c | ❌Not explicitly stipulated |
| Ground: either party supporting or honoring another person as husband/wife | ✅Section 1516(1) | ❌Not explicitly stipulated |
| Ground: either party assaulting or torturing the other physically or mentally | ✅Section 1516(3) | ❌Not explicitly stipulated |
| Ground: either party assaulting or torturing the other’s parents physically or mentally | ✅Section 1516(3) | ❌Not explicitly stipulated |
| Ground: either party deserting the other for over 1 year | ✅Section 1516(4) | ❌Not explicitly stipulated |
| Ground: either party sentenced to and imprisoned for over one year | ✅Section 1516(4/1) | ❌Not explicitly stipulated |
| Ground: both parties voluntarily living apart for over 3 years | ✅Section 1516(4/2) | ❌Not explicitly stipulated |
| Ground: either party breaching a written bond/undertaking | ✅Section 1516(8) | ❌Not explicitly stipulated |
This is a brief summary of the differences between the two laws. However, at the time this was recorded, on February 14, 2024, and being only a brief summary, anyone studying or applying this information should verify all details again in full.
Conclusion on the legal differences regarding grounds for divorce
We can see that the grounds for divorce in the two laws have parts that are the same, similar, and different. Understanding this matter is important for systematically planning the management and prevention of conflict in Thai Muslim families. Planning a nikah, or a good marriage, by incorporating these differences into a marriage agreement, can help reduce problems that may arise in the future.
ARAYA company’s initial approach to resolving this issue in Islamic marriage
To address this issue, ARAYA has, as a first step, planned for the nikah record to create an agreement that is as close as possible to the Civil and Commercial Code (Book 5) on Family. On February 15, 2024, the company set out its commitment that anyone conducting a nikah, or Islamic marriage, through a wali appointed by ARAYA, must be given this important knowledge and understanding, and must create an agreement that is fair to both parties and mutually understood. We believe that this development will help reduce, as much as possible, injustices in married life — such as being deserted by the husband, or the husband honoring another woman as equal to the wife. We have also developed this so that it can be shaped through a joint agreement made before marrying through ARAYA.
Planning a legally-recognized Nikah in Thailand? Start here →
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