The effect of Kelantan's plan to enforce compulsory Friday prayer attendance will have serious implications, said lawyers, who likened it to placing Muslims under "restricted residence, like hardened criminals".

NGO Lawyers for Liberty (LFL) said the PAS government's plan to criminalise Muslim men who skip Friday prayers three times consecutively is unconstitutional.

"The serious repercussion of such an excessive and overkill law to force what is essentially a personal matter of faith should not be underestimated.

"This provision effectively places all Muslims in Kelantan under restricted residence, like hardened criminals, as they would have to 'report' to the local mosque every Friday, failing which it may amount to a criminal offence.

"The provision would be in serious breach of article 5 (of the federal constitution) on liberty of the person; article 8 on equal protection of the law; article 9 on prohibition on freedom of movement; and arguably article 11 on freedom of religion," said LFL executive director Eric Paulsen.  
 
He said that besides breaching fundamental freedoms as guaranteed by the constitution, its obvious impracticality brings into question whether the Kelantan government has thought through the enforcement of such a wide-ranging provision.
 
Eric ( left ) urged the state government to revoke its decision to enforce section 104 of the Council of Religion of Islam and Malay Customs (Kelantan) Enactment 1994, arguing that it is “unconstitutional, oppressive and unworkable.”
 
Among others, he questioned how the state would enforce the law on a Muslim who wanted to attend Friday prayers at another mosque, what happens when he travels outside of Kelantan, falls sick, or have other obligations.

He also asked how the law would apply to Muslims from outside the state travelling within Kelantan.

 
On Thursday last week, Berita Harian quoted Kelantan Islamic development, dakwah (Islamic propagation), information and regional relations committee chairperson Mohd Nassuruddin Daud warning those who skip prayers, that they could be charged.
 
The offender could be fined RM1,000, jailed for a year, or both.

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