DEVELOPMENT OF THE LAW ON PROPERTY OF MONKS IN THAILAND

Abstract

This research aimed to study the conditions, problems, and obstacles in developing laws concerning monks' property in Thailand; compare legal measures between Thailand and foreign countries; and propose legal development guidelines suitable for the Thai monastic context. The methodology integrated documentary research, in-depth interviews with 17 informants, and a focus group with 10 experts. Data were analyzed using descriptive content analysis and summarized in an essay format.

The research findings were as follows: 1. Conditions, Problems, and Obstacles The study found that according to Sections 1622, 1623, and 1624 of the Thai Civil and Commercial Code, ordained monks were exempted from the burden of managing inherited estates. However, a major obstacle regarding the heirs' rights to a deceased monk's estate was the difficulty in distinguishing whether the property acquired during monkhood was personal or belonged to the temple. 2. Legal Comparison When comparing legal measures between Thailand and foreign countries, it was found that Myanmar had extremely strict laws that were highly consistent with Buddhist monastic discipline (Vinaya). Meanwhile, Sri Lanka managed monastic property under the Buddhist Temporalities Ordinance, which contained notable features suitable for adaptation in Thailand. 3. Legal Development Guidelines To make the property laws suitable for the Thai monastic context, the study proposed applying the Buddhist principle of Bhoga-vibhaga (the fourfold division of wealth). Under this concept, monks could hold personal property up to 25% of their income, allocate 50% for religious affairs, and manage the remaining portion as fixed deposits. Consequently, two main conclusions were drawn. First, regarding pre-ordination property, monks were required to clearly declare their existing assets, as management guidelines were already provided by the Sangha Act B.E. 2505 (1962) and Sections 1622–1624 of the Civil and Commercial Code. Second, for property acquired during monkhood, any money or assets obtained from merit-making ceremonies immediately belonged to the temple or the central Sangha fund.