Visungkhamsima
Visungkhamsima (Thai: วิสุงคามสีมา) literally means “a separated boundary.” It refers to land that is distinct from the common property of towns or villages and is specifically granted by the King of Thailand to the Sangha for the construction of an ubosot (ordination hall). This royal grant is issued through a royal command (Phra Borom Ratcha Ongkan). Temples that receive Visungkhamsima are legally recognized and hold the status of a juristic person under Thai law.[1]
History
During the early Buddhist era, although the Buddha allowed the establishment of monasteries, monks primarily lived in forests and caves. When conducting communal acts (Saṅghakamma), the monks would delineate a boundary known as Sīmā. There were two main types: Patthasīmā (boundaries set by the Sangha itself, marked by natural features such as mountains, stones, trees, anthills, or ponds) and Apatthasīmā (boundaries corresponding to civil administrative regions). Visungkhamsima is classified as a type of Apatthasīmā, but once the formal consecration ceremony (Phuk Sima) is performed, it becomes a Patthasīmā.[2]
In the era of absolute monarchy, all land in the kingdom belonged to the king. When the king granted land to the Sangha for religious use, that land became inalienable and could not be sold or transferred. It was regarded as sacred Buddhist property (Phutthawat).[3]
There was originally no formal legal recognition for temples. Even though early legal codes such as the Three Seals Law (Kotmai Tra Sam Duang) mentioned religious matters, they focused mainly on the control of monks rather than on temples themselves. It was only during the reign of Rama V that the Sangha Administration Act, R.S. 121 (1902 CE) was promulgated, categorizing temples into three types:
- Royal temples (Phra Aram Luang) – temples founded or officially recognized by the king.
- Private temples (Aram Ratsadon) – temples granted Visungkhamsima but not listed as royal temples.
- Monastic residences (Samnak Song) – monasteries without royal land grants.
The law further stated that anyone wishing to build a new temple must first obtain royal permission. Without such authorization, a temple would not be legally recognized.
In 1925 (BE 2468), the Civil and Commercial Code confirmed that temples have legal status as juristic persons. Later, the Sangha Act of 1941 (BE 2484) reaffirmed two categories of monastic institutions: those granted Visungkhamsima and ordinary monastic residences.[4]
A ministerial regulation issued in 1977 (BE 2520) further established the process for temple creation, merger, relocation, or dissolution, and for requesting royal grants of Visungkhamsima. This applied equally to Thai, Annam Nikaya, and Chinese Nikaya monastic orders.[5]
The Boundary
The Visungkhamsima is the monastic boundary within which religious acts are performed. Once a temple receives royal sanction as published in the Royal Gazette, it can be consecrated (Phuk Sima). Boundary markers (Nimit) are placed around the area, and the ubosot is constructed within this sacred zone.
Before consecration, monks must first annul any existing boundaries (Thon Sima) and then chant to establish the new boundary (Phuk Sima). Only after this ritual does the area become a valid Sīmā under the Vinaya.
To be eligible for royal grant, a temple must have a permanent structure and at least five resident monks who have lived there continuously for no less than five years. The abbot then applies for the royal grant through the provincial Office of National Buddhism.[6]
In ancient times, the Visungkhamsima was considered a sanctuary from royal jurisdiction. Even the king’s authority did not extend within this area. For example, during the illness of King Narai the Great, he offered his palace to the Sangha so that it would become a sacred monastic area beyond royal interference.[7]
Rights and Duties
As juristic persons, temples have the same legal rights and obligations as individuals—they may own property, enter into contracts, sue or be sued, and hold assets in their own name.[8]
Temple property includes land, buildings, and movable objects, which are legally protected under the Sangha Act of 1962 (BE 2505). The law distinguishes between:
- Central ecclesiastical property – belonging to the national Buddhist order, and
- Temple property – belonging to individual temples.
The National Office of Buddhism holds administrative authority over all central ecclesiastical assets.[9]
However, temple property management laws remain restrictive, limiting the development or leasing of temple land. The Ministerial Regulation No. 2 (BE 2511) imposes controls over how abbots and temple administrators manage assets, often leading to complications regarding authority, contracts, and accountability.[10]
References
- ↑ "Visungkhamsima". Database of Important Archaeological Sites in Thailand.
- ↑ Somdet Phra Maha Samana Chao Krom Phraya Vajirananavarorasa, Vinayamuk, Volume 3, p. 43.
- ↑ Phra Sitthinitithada, p. 241.
- ↑ Phra Sitthinitithada, p. 65.
- ↑ Phra Sitthinitithada, p. 67.
- ↑ "Procedures for Requesting Royal Grant of Visungkhamsima".
- ↑ ""Burying the Boundary Stones and Consecration Rites: Questions and Answers"". Wat Nyanavesakavan.
- ↑ Phra Sitthinitithada, p. 71.
- ↑ Phra Sitthinitithada, p. 72.
- ↑ Phra Sitthinitithada, p. 74.
Bibliography
- Phra Dhamma Kittiwong (Thongdee Suratecho), Dictionary for the Study of Buddhism: Temple Terms, Wat Ratcha Orasaram, Bangkok, 2005.
- Phra Sitthinitithada. "The Legal Status of Temples Without Royal Grant of Visungkhamsima and Monastic Residences". Ramkhamhaeng Law Journal.
External links
- Visungkhamsima – Panya Thai Knowledge Archive Archived 2010-08-11 at the Wayback Machine
