The Council of State has “serious objections” to an initiative bill by the SGP and JA21 that aims to put an end to calls to prayer. Published in a Monday advice the Advisory Division, the government’s highest advisory body, writes that the proposal would impose too great a restriction on religious freedom and would in practice be discriminatory against Islam.
Within Islam it is customary to call for prayers from mosques. It is unclear exactly how often this happens, but according to Member of Parliament André Flach of the SGP and JA21 faction chairman Joost Eerdmans, it is certainly too often. They introduced a bill in April to limit the number of prayer calls. The two MPs believe that through this custom, Islam claims a “dominant place” in the public space.
‘Stranger in your own country’
Bee announcement of their proposal, SGP and JA21 called the prayer calls “un-Dutch”. “Most Dutch people” would feel like “strangers in their own country,” the parties said. Furthermore, phrases like ‘Allahu akbar‘ – God is great – are “particularly sensitive” because these are texts that attackers also use.
To put an end to the Islamic call, Eerdmans and Flach’s bill had to stipulate that sound amplification could no longer be used, which would de facto mean an end to this religious practice.
In addition to JA21 and the SGP, the VVD, PVV, BBB and NSC also participate government program of the Schoof cabinet called for “better” regulation of amplified calls to prayer. The parties have no objection to the ringing of church bells.
‘No legitimate purpose’
Banning sound amplification is a “disproportionate” restriction of religious freedom, writes the Council of State. Religious freedom is a constitutional law and may only be limited if there is a “legitimate purpose” and “urgent social need.”
This is not the case here as far as the Council is concerned. It is not at all clear how often these types of calls take place and how much nuisance is actually experienced: this is currently still being investigated at the initiative of the outgoing Cabinet. The outcome of that investigation is expected in early 2026. According to the Council, “it makes sense” to await the results of this investigation. The Council also points out that municipal authorities at local level can restrict ‘excessive’ bell ringing and ‘excessive’ calls to prayer if this causes a nuisance.
Because the JA21 and SGP bill actually only affects one faith – namely Islam – the proposal violates the ban on discrimination, according to the Council. The body advises the House of Representatives not to consider the proposal: “A fundamental right should not be made meaningless.”
Also read
The SGP does not allow church bells to ring, shouting Allahu akbar
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