The Constitution of Thailand establishes the following:

Section 38:
“A person shall enjoy full freedom to profess a religion, religious denomination or belief, and to comply with religious commands or perform any form of worship according to their belief; provided that it does not conflict with their civic duties towards public peace or good morals.”

In exercising the freedom mentioned in the paragraph above, a person is protected from any state action that insults their rights or unjustly harms their benefits on the grounds of professing a religion, religious denomination or creed, or complying with religious commands or performing any form of worship according to a belief that differs from the beliefs of others.”

In accordance with this Constitution, Thai Muslims enjoy the same support and protection provided to all Thai citizens. They have full freedom to practice and spread the Islamic faith and to participate in religious and social affairs.

They also have the same political rights as all other Thai citizens to fully participate, without any discrimination, in the Thai democratic political system with the King as the Head of State.

However, there are still insufficient Islamic-related laws for the four main regions inhabited by Muslims – Narathiwat, Pattani, Yala, and Satun.

“The legislation to be enacted is not solely for the Muslim residents of those four regions. The Prachachart Party, which will introduce this bill, hopes it will encompass all Muslims in Thailand.

“This legislation is named the Thailand Islamic Family and Inheritance Affairs Act,” said Prachachart spokesperson, Kamonsak Leewamoh.

Known as Wan Johan, he is a Member of Parliament for area 5 in Narathiwat, Southern Thailand. Area 5 includes three districts: Rueso, Si Sakhon, and Bacho.

He is one of the nine Prachachart Party Members of Parliament who won in the Thailand General Election last May and joined the existing government led by Srettha Thavisin.

In the Constitution of Thailand, Muslims are not considered by the authorities and Thai society as a minority group. Instead, the minority groups in Thailand consist of various ethnicities such as Thai Yai, Karen, and Wah.

Thai Muslims are Thai citizens who adhere to the Islamic faith. They enjoy the same legal and political status as Thai people of Buddhist, Christian, Hindu, and Confucian faiths.

Statistics from two years ago show that there are approximately 7.5 million Thai Muslims. According to a survey by the Ministry of Interior, in the three southern regions of Thailand where the majority of the population is Muslim, there are about 600,000 in Narathiwat, 500,000 in Pattani, and 300,000 in Yala.

Discussing further about the legislation, Wan Johan, aged 57, said that currently, if there is a dispute concerning inheritance and family matters, Muslims will be referred to the civil law that covers all Thai citizens.

The introduction of this new law is seen as essential for allowing Muslims to resolve such disputes within the framework of Islamic law. Despite the Prachachart Party’s minor representation in Parliament (nine members), Wan Johan is optimistic about gaining support from over 20 other MPs to discuss this bill in Parliament. This process usually takes about a year.

“So, we don’t follow Islamic regulations because there is no specific law. This is what we, the Muslim members of Parliament, especially from the Prachachart Party, want to do (enact new legislation).

“Yes… it is true that our numbers in Parliament are small (nine Prachachart MPs)… and there are many challenges.

“But we will strive to get signatures from more than 20 other MPs so that this legislative framework can be discussed in Parliament,” he said while explaining that each new law takes about a year to discuss.

He added that although there are Islamic laws used for family and inheritance matters, exceptions still exist and they remain subject to civil law.

In a meeting with apakhabartv.com at his home yesterday, he expressed concerns about the influence of lesbians, gays, bisexuals, transgender, and queer (LGBTQ) individuals within the Muslim community and the government’s stance on LGBTQ rights.

Wan Johan who is also a lawyer, stated that his party is also studying legislation to prevent LGBTQ individuals from penetrating the Muslim community in Thailand.

The Prachachart Party aims to introduce laws to prevent the influence of LGBTQ lifestyles on Muslims, aligning with Sharia laws and addressing the lack of specific legislation against religious insults, which currently covers all religions but only if a complaint is made.

“We (the Prachachart Party) are now in the government… and we are also studying laws that do not align with Sharia law, as well as those related to Malay people,” he said.

He mentioned that the government wants to permit LGBTQ, but he and some of his colleagues oppose it.

“That’s why we want to introduce new legislation so that LGBTQ does not affect the Muslim community,” he said, adding that laws insulting Islam will also be reviewed and refined.

“Currently, there is no specific law for insulting the religion of Islam… instead, it covers all religions… only if someone makes a complaint against religious defamation.

“The law concerning religious insult is placed within social law. This matter has also been brought to Parliament and will be discussed soon,” he said.