Abstract
The issue on Mutcah and cIddah maintenance after divorce has been a continuous debate since decades ago among the Muslim scholars. The Muslim women in the Southern of Thailand are not exempted from this issue. This mini research is meant to identify the implementation of the right of Mutcah and cIddah maintenance in the context of the Family Law of Thailand and the Islamic Family Law of The Southern of Thailand. As the approach to obtain the findings, this research used content analysis on the previous researches conducted by the local scholars. The findings show that the right of Mutcah and cIddah maintenance is placed at the high level in Islam as it is compulsory for the husband who divorced the wife to give the right throughout the cIddah period. Besides, the right of Mutcah and cIddah maintenance is also found in both laws. Even though it is not clearly stated as Mutcah and cIddah maintenance in the Family Law of Thailand, the protection and assurance given by the husband who divorced the wife are listed. Hence, it has been proven that the rights of women who have been divorced by the husbands are still protected as long as they do not break the conditions listed by both laws. DOI: 10.5901/mjss.2015.v6n6s4p241
Highlights
Islam, the comprehensive way of life has thoroughly listed all issues related to marriage, divorce and reconciliation as the law guidance that is compulsory to be followed by Muslims
The study is focusing on the Mutcah and cIddah maintenance that is compulsory to be provided by the husband after he divorced his wife
It is not an exemption for the Muslims in the Southern of Thailand to experience the same problem as the local scholars have been debating on the issue of Mutcah and cIddah maintenance in the conferences and forums
Summary
The comprehensive way of life has thoroughly listed all issues related to marriage, divorce and reconciliation as the law guidance that is compulsory to be followed by Muslims. The issue on Mutcah and maintenance during the period of cIddah to the divorced wife has been the crucial debate among the Muslim scholars. The issue of providing and receiving Mutcah and cIddah maintenance occurs everywhere and always been argued by both parties involved in divorce. It is not an exemption for the Muslims in the Southern of Thailand to experience the same problem as the local scholars have been debating on the issue of Mutcah and cIddah maintenance in the conferences and forums. The failure will lead to the claim of Mutcah and cIddah maintenance by the ex-wife as they are facing poverty after being divorced and affecting the children education.
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