As the "softly softly" approach employed by Prime Minister Surayud Chulanont is met with increased violence against both Muslims and Buddhists in the South of Thailand, the prospect of reconciliation dims in the troubled region.

The quest for justice over past atrocities committed by the Thai state still reverberates among Thai Muslims of the South. Muslims as well Buddhists [desire] that justice be dispensed to quell the violence and bring stability back to the region.

Foreign Minister Nitya Pibulsonggram's visit to Kuala Lumpur to meet his Malaysian counterpart rekindled hopes of establishing some form of shariah administration in the south of Thailand. Subsequently, reports stated that a Shura council was envisaged through amendments to the 1997 Islamic Affairs Administration Act, the 1981 Haj Pilgrimage Act and the 1983 Promotion of Haj Pilgrimage Act.

The whole idea of setting up such an entity is to appease the peoples of the South, with the end aim of containing the unrest. General Watanachai Chaimuanwong, adviser to Prime Minister Surayud Chulanont, posits that "the council would be useful in the effort to contain southern violence since we would have an authoritative body to rule on Islamic legal interpretations and oppose incorrect teaching".

Thus, Malaysia is perhaps grudgingly seen by Thailand as the key to bringing peace to the South of Thailand and Malaysia's help in the institution of shariah law could well be the prime focus of bilateral assistance from here on. This development is a positive one indeed as it puts Surayud's promises into action. The establishment of such a Shura council, or authoritative religious body, carries with it a great burden of responsibility. Thai Muslims should consider the issues carefully. Malaysia's experience is perhaps a model to begin with, but it is fraught with its own problems.

For the South of Thailand, the question remains whether stability is the platform for the successful implementation of Islamic laws or is the implementation of such Islamic laws the precursor to stability? This debate has echoed in the annals of the Malaysian socio-political sphere for decades, with the difference being that post-independence Malaysia has been a relatively peaceful sovereign nation. The true meaning of justice is more than a slogan, and what it translates to on the ground for every villager, Muslim or Buddhist, must be considered.

The escalation of violence now even claims women and children daily. Protests by Muslim communities against the senseless violence perpetrated by either the juwae (militants), criminal elements, communal revenge killers, rogue operatives or the security forces hasn't had any effect on reducing the spiral of violence. Under these conditions, would the proposed Shura council's pronouncements be respected by all elements in the South? Especially when its very purpose may be seen by those who seek to instil fear in pious Muslims to be cooperation with the powers that be in Bangkok? It is not the Shura itself that will ultimately bring stability, but pious Muslims as an ummah (community) that stands up against injustice perpetrated by Muslims themselves upon their brethren.

At this stage news reports around the world seem to suggest that the violence in the South is linked to Islam. A recent article carried the title 'Street killers rule: Muslims torture and behead Thai Buddhists'. There are many pundits who are quick to link the unrest to an international pan-jihadist movement. The struggle of the Thai Muslims in the South could be diminished to one for justice and equality before the Thai Kingdom, as opposed to an open war between Muslims and Buddhists that is now brewing.

In this context, the responsibility of Thai Muslims in protecting Islam against being further scandalised is a divine obligation. This fundamental issue is governed by knowledge and wisdom in dispensing justice. In Malaysia, the implementation of shariah laws limited to family and religious issues in a multiracial and multi-religious society is under strain and scrutiny. Conflict of laws and jurisdiction in circumstances born of human failures and inadequacies paint a bleak picture of Islam.

Thai Muslims will have to develop their own procedures and systems in the administration of shariah. The issues of contention in Malaysia are hardly about the noble principles of shariah but its implementation. The challenge for Thai Muslims will be to ensure that not only Thai Muslims feel that justice has been served but that Buddhists and other minorities in the South feel safe and secure with Islamic jurisprudence permeating over the land. Religious tension is always handled effectively by Kuala Lumpur but a continued perception of injustice as a result of overlapping of common law and shariah jurisdiction in Malaysia is testing the limits of religious tolerance.

Perhaps the issue of jurisdiction is not one that is on the cards yet in great detail. However the question of whether or not it applies solely to Thai Muslims is one of a progression of issues, as seen in Malaysia.

When adopting the shariah in the South, Thai Islamic scholars and activists may benefit from adopting what has been proven in Malaysia, but the real gain is in taking heed of the shortcomings and failures. In the end, the measure of justice will be determined not by Islamic laws solely but in the deliverance of verdicts that are respected by all in a prosperous and peaceful country where grievances can be addressed effectively.

Imran Imtiaz Shah Yacob

Imran Imtiaz Shah Yacob is a writer and lawyer based in Kuala Lumpur. He can be contacted at imran.yacob@gmail.com.