A decision by religious authorities in northeast Malay heartland state of Kelantan to lock up men who skip Friday prayers, without a reason, for three weeks consecutively has been criticized by rights activists, who see this as threatening people’s religious freedom.
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“The serious repercussion of such an excessive and overkill law to force what is essentially a personal matter of faith should not be underestimated, ” Eric Paulsen, executive director of legal activist group Lawyers for Liberty (LFL), said on Monday, October 20, in a statement cited by Malaysia Mail Online.
“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,” he added.
The decision to apply the 10-year-old by-law was announced last week by Kelantan Islamic development, dakwah (Islamic propagation), information and regional relations committee chairperson Mohd Nassuruddin Daud.
Under Section 104 of the Council of Religion of Islam and Malay Customs (Kelantan) Enactment 1994, those who miss Friday prayer for three consecutive weeks will be fined RM1,000 or face a one-year jail sentence.
“Friday is a noble day. There is no reason for men to skip Friday prayers, which are only held once a week,” Mohd Nassuruddin told the Kelantan state assembly last Wednesday. Mohd Nassuruddin said anyone, including the imam and the mosque’s committee members, can make a complaint on a person’s failure to perform Friday prayers so that he can be charged.
“Those who want to make a complaint should fill in a form and submit it to the Kelantan Department of Islamic Affairs (Jaheik),” he said.
The department’s enforcement division will then investigate and discuss with the imam, he noted.
“A book will be given to the imam to ask the particular individual to perform prayers at the mosque for three consecutive times,” Mohd Nassuruddin said.
“The imam will take note of the person’s attendance. If he fails to do as directed, he will be charged.”
Unconstitutional
The rights group argued that the law was impractical as it hinders Muslim men's freedom to perform prayers in other mosques or to go outside Kelantan for any reason.
“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,” LFL said in its statement.
“What happens when the person wants to go to Friday prayer in a different mosque other than the local mosque? Can he register in more than one mosque or must he register in all mosques that he attends?
“What happens when he goes out of Kelantan or overseas? What happens if he is ill or has other obligations?
“Does he have an obligation under law to inform the local mosque or all mosques he is registered to every time he is unable to attend Friday prayer? Does it affect Muslims travelling to Kelantan? What about foreigner Muslims?
“We therefore call upon the Kelantan government to revoke its decision.”
Muslim Malays form about 60 percent of Malaysia's 26-million population, while Christians make up around 9.1 percent.
Performing prayers in congregation is a confirmed Sunnah of Prophet Muhammad (peace be upon him).
Many hadiths discuss the virtue and importance of performing prayer in congregation.
Islam teach Muslims to be tolerant at all levels — individuals, groups, and states. /SR
