Criminal Dispute Resolution by Muslim Community in Three Southern Border Provinces of Thailand

Abstract

This research aimed to study the procedure of the criminal dispute resolution by Muslim Community in three southern border provinces of Thailand by using qualitative method research. The qualitative data were collected by the In-depth Interview of 18 community leaders, religious leaders, chairmans of community justice and university lecturers from three Southernmost Provinces; Pattani, Yala and Narathiwat. The key informants consisted of representatives of the Provincial Islamic Committee, Imam Kha-Thib and Bilal Society,   Sub-District and Village Headman Society, Local Administrative Organization Leaders Association, President of the Community Justice Center and university professors.

            The results found that most of the Criminal Disputes Resolution among Muslim communities in three southernmost provinces operate in form of mediation model through mediators, which were community leaders or respected religious leaders and application of Islamic principles, such as Istisharah or Nasihat (advise), the principle of brotherhood in Islam, principle of forgiveness. The criminal disputes resolution practice is different in the context and the nature of the dispute, including 1)mediation by participatory principles 2)mediation by Hukum Pakat 3)mediation by charismatic leader and 4)mediation by apply the principles of brotherhood in Islam. In addition, the success factor of criminal dispute Resolution among Muslim communities in three southernmost provinces often based on the individual characteristics of the mediator. Therefore it is suggested that the government should develop the potential of religious leaders and community leaders in  negotiation skills to settle disputes, the religious and community leaders should be developed to have Thai and Islamic law knowledge and support the budget for mediation management.