Islamabad, January 11, 2023 (PPI-OT):Under Section 325 of the Pakistan Penal Code, 1860, attempted or aiding suicide was an offense punishable with imprisonment for one year, fine or both. Drafted by Thomas Bebington Macaulay, this legislation dates back to the colonial era before the partition of 1947.
According to a statement issued by the House of Representatives on December 23, 2022, President Arif Alvi approved a bill repealing Section 325 of the Pakistan Penal Code, 1860, which was presented by Senator Shahadat Awan of the Pakistan People’s Party (PPP).
The Jamiat Ulema-e-Islam (JUI) opposed the bill. According to this bill, since the suicide attempter suffers from depression, mental illness or psychological problems, it is not right to punish him because a mentally ill person is not a criminal and the patient is entitled to treatment and not punishment. In short, attempted suicide is no longer a crime and therefore cannot be punished. In this regard, it is necessary to clarify a few issues.
The question is this that suicide a crime according to Islam or not? If it is a crime, is it a correct decision to abolish the punishment for attempted suicide in the Islamic Republic of Pakistan? Is the reasoning for the abolition of this sentence correct? Is the purpose of this law really what it says it is? And what would be the possible consequences?
There are two points of view regarding whether or not suicide is a crime. On the one hand, there is the thought according to which this life is everything and if a person is not able to benefit himself or other members of the society in this life, then his presence or absence is the same.
And that the human body is and life is his personal property, so what difference can it make to God and society if an individual takes his own life? On the other hand, there is the way of thinking that this life is mortal and the afterlife is eternal. Every action done in this temporary life will be answered in the hereafter. This comparison of death and survival has been made as a basis in Bill Tothroon Al-Hiyawa Al-Dunya Wal – Akhira Khair Wa Baqi.
Before arguments, it is important to understand that what is the reason for declaring suicide as a major crime in the Qur’an and Hadith? In fact, a person’s life is not his personal property and a whore, but a trust given by Allah. This blessing is the basis of all blessings. That is why Islam has ordered all the members of the society to protect the body and soul to protect life in any case. Islam does not allow any person to destroy his own life. It is divine guidance and do not throw yourselves into destruction
“And do not put yourself to death by your own hands.”
Imam Baghwi has written under the commentary of verse 30 of Surah Al-Nisa after describing the above verse of Surah Al-Baqarah.
Arad bah qatal al-Muslim nafseh means that a Muslim should take his own life.
At another place, Allah said:
And do not kill yourselves, for God is ever merciful to you.
“And don’t kill yourself. Believe that Allah is Merciful to you. Whoever does this with oppression and excess, We will certainly throw him into the Fire, and this is not a difficult task for Allah.”
Imam Fakhruddin Razi has written in the commentary of this verse:
It indicates the prohibition against killing others and killing oneself unjustly.
In other words, this verse refers to the prohibition of wrongful killing and suicide. Moreover, Imam Baghwi in “Maalam al-Tanzir”, Hafiz Ibn Kathir in “Tafsir al-Qur’an Al-Azeem” and Tha’alabi in “Al-Jawahar al-Hasan fi Tafsir al-Qur’an”. I have listed the hadiths based on the sanctity of suicide in the context of the above mentioned verses of Surat al-Nisa. So it is proved that according to Imams of Tafsir, these verses point to the prohibition and sanctity of suicide.
There is also a strict prohibition of suicide in the holy hadiths. The Holy Prophet (peace and blessings of Allah be upon him) has clearly advised the protection of his body, soul and limbs in “For your body and your eyes, ‘ ‘ He has made him worthy of a painful punishment by saying that he is eternal in the fire of hell and that he will kill himself in the name of his name.
It is a trust and just as killing another human being is equivalent to killing the entire humanity, in the same way ending one’s own life with one’s own hands is also a prohibited and ugly act in the sight of Allah.
If considered, the thought of owning one’s own body and soul seems to be driven behind the bill in question, which is definitely not according to Islamic law. The current debate on suicide is in line with David Hume’s ideas.
He says that “I believe that no man ever threw away life, while it was worth keeping” meaning that life should be protected as long as it is worth living be worthy And that one who takes his own life does not do anything against himself, nor against God, nor against society. This theory is the basis of the argument for the right to suicide.
The kind of reasoning that has been put forward for this law, if followed, would set off an endless chain of destruction.
Then loss is inevitable. That is, if suicide is removed from the list of crimes, then at the next step aiding and abetting suicide will not be called a crime, because if the act itself is not a crime, how can inciting it be a crime? For this purpose, the first The step will be taken towards medically assisted suicide, for which it is not difficult to pile up arguments such as his being in agony, wanting to be relieved of the agony.
After voluntary euthanasia with medical assistance, the matter will increase to involuntary euthanasia, that the purpose is only one, that is, relief from torture, then what is the prohibition. After that, the justification of negative and positive Euthanasia will be found respectively. And thus the roots of “My life is my will” will become stronger.
The question is, how to justify decriminalizing suicide with mental illness? Is it really a compassionate move for the person under the circumstances or are there other motives behind it? As far as psychological problems are concerned, depression and coercion and helplessness can be justified for sexual abuse and other crimes as well.
No healthy or happy person does wrong. Of course, due to the circumstances, it will be forced. It should be noted that in Islamic law, there are special conditions for the non-obligation of a madman, and not absolutely, suffering from depression, mental illness and “disorders”.
Regarding the improvement of the right of the perpetrator of suicide, if this bill is accepted, will it be okay? Is treatment and therapy possible for this person suffering from depression without the enforcement of any law?
That is, instead of conducting regular sessions, managing his treatment only by keeping him under supervision [simple confinement]. Where is the wisdom and what kind of compassion is there to leave them completely alone? In view of the situation in the country at this time, everyone is worried and depressed, so should they kill themselves?
That along with the patient, those who are safe so far can also be saved, but instead of trying in this direction, efforts are being made to declare the patient as incurable. Isn’t it the case that the laws that can prove the freedom and authority of man are constantly being changed even though many other issues are demanding attention? What kind of nonsense is this?!
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