According to the verdict, suicide is a cardinal sin in Islam and an anti-life act.
ISLAMABAD:
The Federal Shariah Court (FSC) has declared that the Criminal (Amendment) Act, 2022, relating to the omission of the offense of attempted suicide, is un-Islamic.
“After hearing the parties at length and going through the file meticulously, we are inclined to accept Sharia Petition No. 03/I/2023 and Sharia Petition No. 01/I/2025.
“[We] “Declare that the decriminalization of a crime through the Criminal Laws (Amendment) Act, 2022, whereby Section 325 of the Pakistan Penal Code (PPC) has been omitted, is contrary to the principles of the Holy Quran and Sunnah,” said the 26-page judgment written by FSC Justice Syed Muhammad Anwer.
According to the verdict, suicide is a cardinal sin in Islam and an anti-life act; therefore, any attempt to commit this act is also considered an act promoting an anti-life act.
“Accordingly, in addition to accepting these Sharia petitions, we declare that the contested law, being contrary to the Holy Quran and Sunnah, will have no legal effect immediately after the issuance of this judgment. Therefore, Article 325 of the PPC, which was deleted by the promulgation of the contested law, is reinstated,” it added.
A three-member FSC bench, headed by Chief Justice Iqbal Hameed ur Rehman, heard the case.
The judgment notes that the reasons presented before Parliament by the bill’s author – that attempted suicide is committed only by people suffering from depression or mental disorders and that the law should therefore be decriminalized to protect such people from social stigma – are not only wrong but also contrary to the principles of the Quran and Sunnah.
The court observed that decriminalization of the offense would allow sane persons who attempt suicide to escape the consequences as the omission of Section 325 would leave no legal provision under which they could be charged.
Second, according to the order, anyone involved in abetting the suicide of children or other vulnerable people would also escape prosecution under the current legal framework.
Third, those involved in abetting suicide cannot be charged or prosecuted, knowing that the Holy Quran forbids assisting each other in sinful acts. However, since the offense under Section 325 had been omitted, no legal action could be taken against those who encouraged or incited such acts.
The court further observed that although the advice of the Council of Islamic Ideology (CII) is not binding on the government and is in the nature of recommendation, it is better for the government to act upon it or consider it carefully.
The judgment highlights that under the constitutional system of Pakistan, the CII plays an important role in ensuring that laws are in accordance with the principles of the Holy Quran and Sunnah, which constitute the fundamental norm of the Constitution, as reflected in Article 2A.
He said the government, as a responsible litigant, should avoid unnecessary legal complications and comply with the court’s directions in letter and spirit, even when it has leeway.
“We are of the opinion that such conduct by the government would be more consistent with constitutionalism,” notes the judgment.
The order adds that if the federal government seeks to protect the mentally ill from social stigma, it might consider acting on the CII’s recommendations.
However, he stressed that decriminalization of such a serious and anti-life offense is not the solution.
Instead, the court suggested effective implementation of existing laws, such as the Mental Health Ordinance of 2001, which has since devolved to provinces under the 18th Amendment.
The court observed that the intensity of depression varies from case to case and cannot justify a blanket exemption. “Blanket coverage cannot be given to every case of depression, mental illness or disorder for which an exception can be granted for committing a crime, especially a crime involving human life.”
The judgment termed the objections raised against the CII opinion as contradictory, noting that if the procedural law already provides exemptions for mentally deficient persons, then total decriminalization of the offense is not logically justified, as the act can also be committed by sane persons.
“The law is made for the general public and not for exceptional segments of the society. Matters relating to specific segments are dealt with either through exceptions provided for in the law or through special legislation,” the court observed.
Responding to arguments presented to Parliament, the judgment said the assertion that suicide attempts result solely from depression or mental illness raises crucial questions.
She asked whether this offense was always committed by individuals suffering from mental illness and whether these individuals were incapable of committing further crimes.
The court further questioned whether the assumption that only mentally ill people attempted suicide justified removing a specific offense from the Pakistan Penal Code while leaving others intact.
The judgment concluded by raising a fundamental question: if we accept that suicide attempts are always linked to mental illness, does this then mean that a sane person cannot commit such an act at all?
