อิสรภาพของตุลาการศาลอิสลามและศาลไทย

Abstract

This article is aimed to study freedom of judge in trying and deciding the case according to Islamic law and Thai law. The article analyses the meaning and identity which demonstrate the freedom of the judge in Islamic law and Thai law. These analysis are derived from Islamic sources such as the Holy Quran, the Prophet’s tradition and relevant opinions of Muslim scholars. The analysis are also taken from Thai law sources including Constitution, Civil Procedure Code and Criminal Procedure Code which constitute as main legal sources of Thailand. The outcomes of study reveal that Islamic court is based on Islamic provisions and principles of faith to God. Therefore, the freedom of judge is protected by God. This is different from Thai court which is based on man-made law. The freedom of judge is altered according to periodic and politic development as well as system of administration.  After the promulgation of the Constitution in 1997, it is recognized that Thai judges have real freedom in trying and deciding cases. It is observed that the present freedom of Thai judge which is protected by Constitution is similar to the freedom of Muslim judge which has been protected over 1,400 years ago even though the details of these two judicial systems are different.