Arbitration at Muslim Religious Committee Councils in Southern Thailand

Abstract

This paper analyses the function of arbitration at Patani Muslim Religious Committee Council (PMRCC) and offers mediation mechanisms as an alternative way of solving the matrimonial disputes among the Muslims in the Malay-Muslims majority areas. Conceptually, dispute resolution is being recognized as an effective way in the field of adjudication in Islamic law. Although there have been attempts to implement dispute resolution mechanisms in the Muslim Religious Committee Councils (MRCCs), no attempt so far has been made to upgrade them. To a large extent, dispute resolution has been implemented gradually since the beginning of the establishment of the councils. This paper intends to investigate the current trend and the future direction for the implementation of dispute resolution in PMRCC by exploring the available alternatives to the continued pursuit of the process of dispute resolution in PMRCC while at the same time strengthening the existing structures. Finally, the author will provide some suggestions as to how dispute resolution in PMRCC might operate. The author will also highlight the strength and weaknesses of arbitration under Thai civil law with a view toward a better legal provision for arbitration.