Sharia Law To Be Introduced To Brunei

Sharia deals with many topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. The introduction of sharia is a longstanding goal for Islamist movements globally, including in Western countries, but attempts to impose sharia have been accompanied by controversy,violence, and even warfare.

 

The main issue that arises in an international law practice id the enforcement of orders, judgement, and decrees from other jurisdictions. As Thailand attorneys  we are often required to enforce foreign judgments. Without a treaty of reciprocity, enforceability of foreign orders is pursuant to the principle of comity. However, orders that do not meet fundamental due and fair process requirements would generally not be reciprocally enforced. For example a divorce based on a husband’s accusation and without a trial or the amputation of a thief’s hand based on theft would be difficult to enforce based on comity due to the failure to meet basic due process and fairness.

 

Sharia judicial proceedings have significant differences with other legal traditions. Thailand’s four southern provinces also have sharia courts as a special provision under Thai law. These courts are for Muslim Thai people and co-exist with Thailand’s regular court system.

 

 

 

Flickr photo credit: MoNewsHorizon