The legal activist group’s executive director Eric Paulsen pointed out that Section 104 of the Kelantan Council of the Religion of Islam and Malay Custom Enactment 1994 was against the country’s highest law by confining the movement of Muslims in the state.
“The serious repercussion of such an excessive and overkill law to force what is essentially a personal matter of faith should not be underestimated, as 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,” Paulsen said in a statement.
The disputed Kelantan by-law empowers state authorities to fine Muslim men up to RM1,000 or put them behind bars for up to a year, or both, for failing to attend Friday prayers thrice in a row.
The lawyer stressed that the Federal Constitution provides citizens the right to personal liberty, equal protection of the law, freedom of movement and arguably, freedom of religion.
He also argued that the by-law was impractical and questioned if the state government had given much thought on Muslim men who wanted to attend Friday prayers in a different mosque, or those went outside Kelantan or overseas, or fell sick or had had to deal with unplanned responsibilities.
“Does he have an obligation under law to inform the local mosque or all mosques he is registered to every time he is unable attend Friday prayer? Does it affect Muslims travelling to Kelantan? What about foreigner Muslims?” Paulsen asked.
He urged the PAS state government to revoke its decision to enforce Section 104 of the by-law on grounds that it was “unconstitutional, oppressive and unworkable”.
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