Federal Sharia Court Petition Challenges Suicide Decriminalization in Pakistan
The Federal Sharia Court (FSC) has recently accepted for review a petition challenging the decriminalization of suicide in Pakistan. The court has issued notices to relevant parties, including the President, Prime Minister, and the Law Secretary.
The petition was filed by Hammad Saeed, a lawyer, who argues that suicide is forbidden in Islam. Prior to the amendment of the Pakistan Penal Code (PPC) through the Criminal Law (Amendment) Act 2022, suicide was considered a crime in the country.
Citing Quranic verses and various Hadiths, the petitioner urges the FSC to declare the Criminal Law (Amendment) Act as contradictory to the teachings of Islam. It is their contention that decriminalizing suicide goes against the principles outlined in the Holy Quran and the Sunnah.
The Criminal Law (Amendment) Bill, proposed by Senator Shahadat Awan in September 2021, aimed to repeal Section 325 from the PPC, which addressed the punishment for attempted suicide. The bill was passed by the upper house of parliament in May 2022 and later approved by the National Assembly in October 2022. On December 23, 2022, President Dr Arif Alvi signed the bill into law.
In response to the petition, the Federation of Pakistan, represented by the President, the government, headed by the Prime Minister, and the Law Ministry through its Secretary, are named as respondents. After the initial filing, the court issued notices to all respondents.
Following the hearing, the court issued a written order stating that the preliminary hearing took place on Tuesday. The order declares that the petition will be heard in regular proceedings and notices will be sent to the respondents.
This development raises important questions about the intersection between law, religion, and societal norms. While some argue that suicide should remain criminalized due to religious beliefs, others advocate for a more compassionate approach that prioritizes mental health support and understanding.
As the case progresses, it will be essential to consider various perspectives and strike a balance between legal provisions and religious principles. The FSC’s decision will undoubtedly have broader implications for the criminal justice system in Pakistan and its alignment with Islamic teachings.
The outcome of this petition will likely shape future discussions surrounding mental health, religious freedoms, and legal frameworks in the country. Pakistan’s Federal Sharia Court holds the responsibility of carefully deliberating on these complex matters and ensuring that justice is served in line with the values enshrined in the constitution.
