Abstract
Maintaining relationships in the family, parents are responsible for providing maintenance to children and provide them appropriate education. This responsibility to give until puberty or do have the capability to support themselves. This paper aims to discuss the position children maintenance in Islamic Family Law and the Law of Thailand. The discussion in this paper include provisions Islamic Famity Law and the Law of Thailand, whether the Civil Law or Islamic Family Law that has been used in the four districts of the Southern of Thailand which are Patani, Narathiwat, Yala and Satul. The discussion started by providing the definition of children maintenance and the children rights, as well as the children maintenance in the Islamic Family Law. Subsequently, the discussion followed by the explanation on the protection of the Islamic Family law in the Southern of Thailand and the Law of Thailand regarding the children maintenance. Tha research it can be concluded that giving maintenance is compulsory to be settled as explained in the al-Qur’an and al-Sunnah. children maintenance is the parents’ responsibility based on their capability. The rights and position of children maintenance is very precious to the community and laws as it is written in both laws to protect the children completely. DOI: 10.5901/mjss.2015.v6n4p193
Highlights
The Islamic law has stated that children maintenance is the ultimate right of a child
In the Islamic Family Law, children maintenance is under the responsibility of the father and the grandmother, and after that it falls under the responsibility of the mother and the grandmother
This research is an effort to study on the rights of the children maintenance from their parents, and the level of respect and implementation by the Civil Law of Thailand and the Islamic Law of the Southern of Thailand
Summary
The Islamic law has stated that children maintenance is the ultimate right of a child. The importance of providing the children maintenance is not merely to cater the children’s needs, but it is functioning as a medium to create a close relationship betwen the father and the children. Statement of the Problem and Research Methodology It has been a very alarming issue concerning the laws of giving and receiving the maintenance in the community especially in Thailand as people always question the responsilbility of providing the children and wife maintenance. The claim of this maintenance based on the statistics from Office of Juvenile Justice System Development has increased as the divorce cases have increased. The failure to control the divorce cases will increase the child maintenance claims Besides it will be a debatable issue in the social network or other mediums. This study will discuss the issue on providing the children maintenance and how the laws of Thailand defend this right
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