Prohibition of attempt to commit suicide (Shariat Petition 03-I of 2023 & Shariat Petition 01-I of 2025, Section 325)

IN THE FEDERAL SHARIAT COURT OF PAKISTAN

(ORIGINAL JURISDICTION)

PRESENT

MR. JUSTICE IQBAL HAMEEDUR RAHMAN, CHIEF JUSTICE

MR. JUSTICE DR. SYED MUHAMMAD ANWER

MR. JUSTICE AMEER MUHAMMAD KHAN

SHARIAT PETITION NO.03/I OF 2023

Hammad Saeed Dar son of Sufian Saeed Dar, resident of House No.1091, Street No.45, Sector G-16/3, Islamabad.

......PETITIONER

VERSUS

1.Federation of Pakistan through President of Pakistan, Awan-e-Saddar, Islamabad.

2.Government of Pakistan through Prime Minister of Pakistan, Prime Minister Secretariat, Islamabad.

3.Ministry of Law and Justice through its Secretary, Pak Secretariat, R&S Block, Islamabad.

4.Ministry of Interior through its Secretary, Pak Secretariat, R-Block, Islamabad.

......RESPONDENTS

LINKED WITH

SHARIAT PETITION NO. 01/I OF 2025

1.Mr. Muhammad Azam Malik, Jurisconsults, Office No.7, First Floor, Rehmat Plaza, 1-D Jinnah Avenue, Sector F-6/4, Islamabad.

2.Mr. Muhammad Kashif Sulehri, Khalid Zafar & Associates, 180-Mamdoot Block, Mustafa Town, Lahore.

......PETITIONERS

VERSUS

1.Federation of Pakistan through Secretary, Ministry of Law and Justice, Pakistan Secretariat, Islamabad.

2.Federation of Pakistan through Secretary Interior, Pakistan Secretariat, Islamabad.

3.Council of Islamic Ideology through its Chairman, Ataturk Avenue, Sector G-5/2, Islamabad.

......RESPONDENTS

Petitioners: Mr. Hammad Saeed Dar, petitioner in-person in Shariat Petition No.03-I of 2023 Mr. Mr. Muhammad Azam Malik and Mr.

Muhammad Kashif Sulehri, petitioners in-person in Shariat Petition No.01/I of 2025

Counsel for Respondent: Mian Muhammad Faisal Irfan, Deputy Attorney General

Syeda Fouzia Jalal Shah, Director General (Law), Council of Islamic Ideology, Islamabad.

Ghulam Majid, Chief Research Officer, Council of Islamic Ideology, Islamabad.

Muhammad Shafiq, Section Officer (Law/Petition), Ministry of Interior, Islamabad.

Dates of Institution: 27.02.2023 (Shariat Petition No.03/I of 2023) 07.01.2025 (Shariat Petition No.01/I of 2025)

Date of Hearing: 14.04.2026

Date of Judgment: 18.05.2026

JUDGMENT

DR. SYED MUHAMMAD ANWER, J: Through this single judgment, we intend to decide the captioned Shariat Petitions, having involved same question of law i.e. challenging the validity of the Criminal Laws (Amendment) Act, 2022 (Act No. XXXVII of 2022) (hereinafter referred to as, “impugned Act”), passed by the National Assembly of Pakistan and received Presidential assent on 23.12.2022, whereby Section 325 of the Pakistan Penal Code, 1860 (hereinafter referred to as, “PPC”), relating to attempt to commit suicide, along with corresponding entries in Schedule-II of the Code of Criminal Procedure, 1898 (hereinafter referred to as, “CrPC”), have been omitted. The petitioners maintained that the decriminalization of attempt to commit suicide is contrary to the injunctions of Islam, violates Articles 2A and 227 of the Constitution of the Islamic Republic of Pakistan (hereinafter referred to as “Constitution”), and is liable to be examined under Article 203-D of the Constitution for being repugnant to the Holy Quran and Sunnah.

2.Mr. Hammad Saeed Dar, petitioner appearing in-person in Shariat Petition No.03-I of 2023, contended that suicide is strictly prohibited in Islam, and prior to the enactment of the Impugned Act, an attempt to commit suicide

constituted a criminal offence under the law. He stressed that there are several verses of the Holy Quran prohibiting self-harm and unlawful taking of life, asserting that human life is sacred and protected under Islamic injunctions, even reference has further been made to various Ahadith of the Holy Prophet (PBUH), which strongly condemn suicide and prescribe severe consequences in the Hereafter for those who commit such acts. It is argued that classical and contemporary Islamic scholars unanimously regard suicide as a major sin, thereby reinforcing its prohibition under Islamic teachings.

The petitioner submitted that it is the duty of the State to safeguard the lives of its citizens, and criminalization of attempt to commit suicide served as a deterrent for individuals inclined towards self-harm. It is asserted that Section 325 PPC was enacted with the objective of preventing individuals from ending their lives and protecting society from such conduct. The petitioner contended that human life is a trust (amanat) bestowed by Almighty Allah, which cannot be terminated at one’s own discretion, and must be preserved in accordance with divine guidance. It is further argued that decriminalization of attempt to commit suicide through the impugned Act is inconsistent with the injunctions of the Holy Quran and Sunnah, therefore, the impugned Act be declared repugnant to the injunctions of the Holy Quran and Sunnah.

3.Similarly, Mr. Muhammad Azam Malik and Mr. Muhammad Kashif Sulehri, petitioners appearing in-person in the captioned Shariat Petition No.01/I of 2025, contended that human life is sacred in Islam and protected by divine command, therefore, any act aimed at self-destruction is prohibited under the Holy Quran and Sunnah. They also placed reliance upon various

Quranic verses and Ahadith emphasizing sanctity of life and condemning suicide, asserting that self-harm constitutes a grave sin and is liable to punishment in the Hereafter. It is argued that since suicide is prohibited, an attempt to commit suicide also falls within the category of punishable conduct under Ta’zir, and the State is duty-bound to prescribe appropriate penalties. The petitioners submitted that Article 227 of the Constitution mandates that all laws be brought in conformity with the Islamic injunctions, and no law repugnant thereto may be enacted; hence, the legislature lacks competence to decriminalize conduct expressly prohibited in Islam. It is contended that the impugned Act effectively creates a “right to suicide,” which is impermissible in Islamic jurisprudence and contrary to Article 4 of the Constitution, as omission of criminal liability renders the act legally permissible. Reliance is also placed upon the Latin legal maxim i.e. “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”, which means that “what cannot be done directly cannot be done indirectly”, but the impugned Act has indirectly legalized suicide by omitting Section 325 PPC. It is further argued that decriminalization may legitimize practices such as euthanasia, ritual suicides, and assisted suicides, which are inconsistent with the Islamic injunctions. The petitioners contended that several Muslim countries continue to treat attempt to commit suicide as a punishable offence, demonstrating consistency with Islamic teachings. It is further argued that mental illness cannot be treated as the sole justification for decriminalization, as not all suicides arise from psychological distress, and existing legal provisions already address cases involving mental incapacity. The petitioners also asserted that the opinion of the Council of Islamic Ideology was allegedly

disregarded and that the legislature acted without adequate jurisprudential foundation, therefore, the petitioners prayed that the impugned Act be declared repugnant to the injunctions of the Holy Quran and Sunnah, and consequently ultra vires the Constitution.

4.Conversely, the learned Deputy Attorney General for Federation as well as the Ministry of Law & Justice and Ministry of Interior opposed the filing of the captioned Shariat Petitions by contending that although suicide is condemned in Islam, there is no precedent in Islamic jurisprudence mandating that attempted suicide must be treated as a cognizable criminal offence punishable by the State, whereas criminalizing attempted suicide is counterproductive, as it aggravates mental health conditions and contradicts the principles of social justice and human welfare recognized in Islamic jurisprudence. The respondents relied upon global statistics, including data from the World Health Organization, to contend that suicide is a major public health issue, with hundreds of thousands of deaths annually, and criminal penalties have not proven effective in preventing such acts. It has been submitted that punishment serves purposes such as deterrence, incapacitation, rehabilitation, retribution, and restitution; however, criminalization of attempted suicide fails to achieve these objectives and instead worsens psychological distress. It has been emphasized that in cases of attempted suicide, the accused person is also the victim, and, therefore, the matter should be treated as a health issue rather than a criminal offence. It is stressed that attempts to commit suicide usually stem from depression, mental illness, or socio-economic stress, and individuals in such conditions require medical treatment, counseling, and rehabilitation instead of penal consequences. The respondents contended that cyber activities encouraging

suicide are already punishable under the Prevention of Electronic Crimes Act, 2016, and the impugned amendment does not legalize such conduct. It is submitted that the impugned amendment does not legalize suicide; rather, it merely removes criminal punishment for a failed attempt and shifts the focus towards treatment and rehabilitation. It is submitted that opinions of the Council of Islamic Ideology are recommendatory in nature, and the legislature acted within its constitutional mandate in the interest of public health and social welfare. The respondents contended that punishing mentally distressed individuals contradicts Islamic principles of mercy and removal of hardship, and the amendment promotes preservation of life in accordance with the objectives of Shariah. The respondents argued that decriminalization would reduce stigma associated with mental health issues and encourage individuals and their families to seek professional help instead of concealing such incidents due to fear of prosecution, as such, omission of Section 325 PPC is intended to shift the approach from punishment to treatment, even classical jurists treated such matters within the domain of Ta’zir, leaving discretion to adopt policies in the public interest, including non-punitive measures, therefore, repeal of Section 325 PPC is not repugnant to the injunctions of Islam and, therefore, the captioned Shariat petitions are liable to be dismissed.

5.Furthermore, the Ministry of Interior, apart from the evasive denial of the contentions of the petitioners in their respective petitions, raised the following preliminary objection in both the petitions.

“Suicide is an act of killing oneself, mostly as a result of depression or mental disorder. Despite the critical nature of the suicide act, there may be so many reasons behind this act. However, this act should be termed as mental illness or a disease. Punishment in this

respect means to create deterrence for a healthy person not for a mentally ill one. The objective of omission of Section 325 in Pakistan Penal Code is to decriminalize the suicide attempt by any person as it is always done with some depression or mental illness or disorder.”

6.We have meticulously perused the available record and heard the arguments advanced by the petitioners appearing in-person as well as by the learned Deputy Attorney General and contentions of the representatives of the Ministries.

7.From perusal of the record, it has been observed that the Bill which was laid in the Parliament for the promulgation of the impugned Act, whereby Section 325 of the Pakistan Penal Code, 1860, titled “Attempt to commit suicide” was repealed also contained “the objects and reasons” of that Bill, which are reproduced as under:

“Suicide is the act of killing oneself, most often as a result of depression or other mental illness. According to a study, there is one completed suicide in every 40 seconds while five present of people in the world try to kill themselves at least once during their lifetime. Around 79% suicides are from low or middle income countries. Despite the crucial nature of the act of suicide and reasons behind it, Pakistan Penal Code vide section 325, incriminates the person committing it and prescribes the sentence of simple imprisonment for a term which may extend to one year, or with fine, or with both. The issue of suicide ought to be dealt as disease and should be treated as one. Additionally, punishment is meant to create deterrence for a healthy person not for a mentally disturbed individual. The objective of this amendment in Pakistan Penal Code is to decriminalize the suicide attempt by any person as it is always done with some depression or mental illness or disorders.”

[Emphasis added]

7.According to the above referred statement of “objects and reasons” of the Bill the main objective of this amendment in the PPC is decriminalizing the offence of ‘attempt to commit suicide’ because the suicide is ‘always’ done by a person who is suffering with some depression or mental illness or disorder. Although, inter alia, the petitioners objected the ‘reasons and objects’ of the Bill on the basis that the statistics mentioned therein and relied upon by the mover of the Bill in Parliament were not supported by any reliable documentary evidence, hence they are not reliable or should not be made a basis of any legislation, especially for decriminalization of an existing crime. The petitioners especially objected the statistics as below :

“According to a study, there is one completed suicide in every 40 seconds while five percent of people in the world try to kill themselves at least once during their lifetime. Around 79% suicides are from low or middle income countries.”

[Emphasis added]

8.The Mover of the Bill reiterated the objects and reasons of the Bill before the Senate Standing Committee on Interior, and further stated the following reasons for the so-called mischief which exists in the society and needs to be redressed by decriminalizing of that crime, in the following words:

“The Mover once again submitted his statement of objects and reasons of introduction of the Bill. He also presented before the Committee ‘Fatwas’ of renowned religious scholars and religious institutions in favor of his amendment. All the Members of the Committee unanimously supported the amendment. The Members were of the view that in cases of attempt to commit suicide, if the committer gets himself/herself hurt then no hospital or clinic gives him medical treatment due to the reason that it becomes police case which ultimately results into the loss of life of the committer. The Members were of the view that in order to save the humanity, it is necessary that there should not be any legal complications to give

the medical treatment to the victim and that can only happen if section 325 is omitted from PPC. The Members were also of the considered opinion that the punishment of attempt to commit suicide is not by way of Hadd rather it is by way of Taazir so it can be omitted. The Mover also referred that in most of the countries the punishment for commission of suicide has already been abolished.” [Emphases added]

9.According to the report of the “Senate Standing Committee on Interior on the Criminal Laws (Amendment) Bill, 2021 (Amendments of Section 325 of PPC and Schedule II of Cr.P.C.)”, which is a part of the captioned Shariat Petition No.01/I/2025, it revealed that although the Ministry of Interior contested the Petitions but it is part of the report that when the Bill for the impugned Act was presented before the Senate Standing Committee on Interior, the Ministry raised serious objections and recommended that the Bill may not be passed by the Parliament. The relevant portion of the report is as follow:

“7. The stance of the Ministry of Interior, received in writing through their F.No.7/28/2021-Law was that the ratio of commission of suicides is very high especially in the under developed countries. The logic behind inclusion of Section 325 in Pakistan Penal Code was to discourage such tendency in mentally normal persons. The Ministry recommended that the Bill may not be passed. The detailed opinion of the Ministry is part of record.” [Emphases Added]

10.That apart, when the Bill was discussed by the Senate Standing Committee on Interior, the Director General (Research) of the CII was also present, who presented the opinion of the CII, upon which the Committee responded as follow:

“The Director General (Research) of the Council of Islamic Ideology was of the view that the punishment should remain intact but the mentally ill people should be exempted from such

punishment as provided in Section 325. The Members were of the view that the opinion of the CII is not logical as mentally abnormal persons have already been exempted from punishment of any crime under the PPC so there is no logic to add a separate proviso to Section 325.”

[Emphases Added]

We are of the view that the objection raised upon the opinion of the CII is apparently self-contradictory because if in the procedural law of Pakistan there exists an exemption for “mentally abnormal” persons, then the reason for decriminalizing the offence for committing suicide is not logical, as it may have been committed by the person of sound mind. The law is made for general public and not for the exceptional segments of the society, problems which are associated with a certain segment of a society are always treated either in exception of a general law or by enactment of some special law.

11.However, since the above referred statement of objects and reasons of the Bill is part of record of parliamentary proceeding and is portrayed as the basis of enactment of the impugned Act in the parliament, hence we decided to analyze and dilate upon the legal effect of this reasoning which was given by the Mover of the Bill in the Parliament and upon which the impugned Act was passed by the Parliament. While doing this analysis we will examines;

firstly, which problem or mischief is being faced by the society and which needs to be addressed and more so which is not addressed by the existing law in this regard; secondly, how the new law or the proposed legislative action by the Parliament, which in this case is the omitting of Section 325 from the PPC to ‘decriminalize the attempt to commit suicide’, can address that societal problem which has been identified. This analysis is necessary to reach at the conclusion of this case.

12.The fundamental argument forwarded in the parliament for justification of decriminalization of the crime of ‘attempt to commit suicide’ is the extensive existence, if not rampant, of a disease of depression or mental illness or mental disorder in our society, and since it is a disease, hence it should be treated as disease and not as a crime. From this argument one logical question arises that does this mean that this particular crime i.e.

‘attempt to commit suicide’ is always committed by someone who is suffering from depression or by some mental illness or disorder and more importantly does this crime i.e. ‘attempt to commit suicide’; the only crime which is committed by persons who are suffering from depression or any mental disorder etc. and does this mean that the persons, who are suffering from disease of any mental illness or disorder, cannot commit any other crime that is why only one crime, which is mentioned under Section 325 of PPC, needs to be omitted from the Pakistan Penal Code, 1860.

13.This second part of above mentioned question is important to analyze while deciding the first part of the first question as there are lists of many heinous crimes, which are sometimes allegedly committed by mentally disturbed persons like child molesting, rape, domestic violence, and torture etc. Hence, if the answer of the first query is in affirmation then, consequently it may provide an ‘argument’ for decriminalization of other heinous crimes from the society.

14.Another more important point that is relevant for this legislation, whereby “the attempt to commit suicide” is decriminalized on the ground that this act is always committed by the persons who are suffering from depression or any kind of mental disorder, if this is taken as fact, then, does this mean that this crime of ‘attempt to commit suicide’ cannot be done by

any person who is not suffering from any depression or mental disorder etc.

or who is a person of sound mind per se?

15.If answer to this question is in affirmation, then logically a significant question arises that after the decriminalization of this ‘crime’, the persons who are of “sound mind” or the persons who are not suffering from any depression or mental illness remain scot-free from any criminal liability for committing an attempt of suicide as that act is now decriminalized and the legislature has attached a presumption with this act that it can only be done by those persons who are either depressed or are suffering from some mental illness or disorder. All the above questions have given rise to this basic question i.e. are depression, mental illness or mental disorder the only cause of reason for committing an attempt of suicide in our society? As there are multiple situations of committing suicide apart from depression, such as:

i)Attempt to committing suicide for the purpose of terrorism;

ii)Attempt to commit suicide under the label of hunger strike to claim some political or economic interest;

iii)Attempt to commit self-immolation in public for some political gain or to mark serious agitation;

iv)Attempting to commit suicide for lessening financial burden of medical care from his loved ones by the person who is seriously ill or suffering from some chronic or fatal disease, like cancer or AIDS, or failure of any vital organ, etc.;

v)Try to commit suicide by a person who is under mental control through some infamous I.T. application, like Blue Whale Challenge, Blackout of Choking Challenge etc., and;

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-13

vi)Attempt to commit suicide when a person is under some religious trance or cult motivation, as the world has witnessed several cases of committing suicide under cult followings etc.

In addition to that the intensity of depression also varies from case to case and situation to situation. A blanket cover cannot be given to each and every case of depression, mental illness or disorder under which an exception can be granted for committing any crime and especially a crime which is so heinous that a human life is involved in it.

16.After analyzing all the above mentioned questions, a pivotal question arises i.e. can an exception, which is already a part of General Exceptions in the PPC, provide a valid basis to decriminalize a criminal act?

EXISTENCE OF EXEMPTION IN OUR LEGAL SYSTEM

17.Do we not have any provision in our criminal legal system that provides exemption from criminal liability to the persons who are suffering from depression of any kind of mental illness or mental disorder? This is also a very important question because the arguments for decriminalizing the act of attempt to commit suicide does not hold much ground as this aspect of existence of exemption from criminal liability for the persons who are suffering from any kind of mental illness or mental disorder etc. already and adequately exists in the PPC under Section 84, which states as follow:

“Act of a person of unsound mind: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” [Emphasis added]

In addition to Section 84 of the PPC, Section 470 of the Cr.PC clearly states that a person who has committed an offence and was incapable of

knowing the nature of the act alleged that it may constitute the offence cannot be punished. The relevant section is reproduced herein below:

“470. Judgment of acquittal on ground of lunacy: Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or hot.”

18.Not only Section 470 of Cr.PC, as stated above, a whole Chapter XXXIV of the Cr.PC, titled “Lunatics”, comprised of Sections 464 to 475, tell us that how the Court will proceed when such a defense is taken by an accused that he was under some kind of mentally ill state due to which he was unable to understand that his action constitutes an offence. This Chapter XXXIV provides almost all the possible situation for providing releasing any person free from any criminal liability if he is suffering from any disease of mental illness or mental disorder etc. this may include depression depending upon its nature and severity.

EXISTENCE OF COMPREHENSIVE EXEMPTION FROM CRIMINAL

LIABILITY IN OUR LEGAL SYSTEM

19.That in presence of a whole Chapter XXXIV covering all the possible situations to deal a case of a person in his defense, who is involved in or charged of “committing an attempt to suicide” if he is suffering from some kind of mental illness or mental disorder etc. along with the existence of a comprehensive exception for such a person under Section 84 of PPC, apparently there remains no reason for decriminalizing this crime from the list of crimes mentioned in PPC.

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-15 We are also of the view that this exception for a person of unsound mind from criminal liabilities as mentioned in PPC is in accordance with the principle of Islamic law in the light of Holy Quran and Sunnah.

CONCEPT OF EXEMPTION FROM CRIMINAL LIABILITY IN ISLAMIC

JURISPRUDENCE

20.The general exceptions so provided in the Pakistan Penal Code regarding exemption from criminal liability for persons who are suffering from any kind of mental illness including depression and mental disorder etc.

is in accordance with the Islamic Jurisprudence as laid down in the Holy Quran an Sunnah. There is a foundational principle of Islamic jurisprudence where some specific kinds of individuals are exempted from criminal liability and divine accountability. This concept is based on a famous Hadith of the Prophet Muhammad (PBUH), which states that:

َ ْع ْيْثَ ََلثَة َ ْالس ََل َّ ٍَْعْ َعنَي َع ْيْ َ ي ْْع ِيْانلَّائِْ ِه: ٍ "ْرفِعْاملنه:ْكال،ْع ِيْانل ِِبْصَّلْاَّللْعني ٍِْوسنه،م ِ ِ ْْر َو ُاه ْابْ ُي:د َ او َ ُ ُ ِْد ْ َ جٌُِن ْكال ْأب،"ْح ََّّت ْيع ِلل ْ َ َ ْح ََّّت َْيْجَ ِن َه ْو َع ِي ْالى، َ ِب ِّ ْالصَّ ْو َعي، َ َح ََّّت ْي َ ْستَيْ ِل َظ

َ َّ َ ْ َ َ ُ َّ َّ َ ِّ َّ َ ٍُ ٌْْع َ ُ َّ َ َ ْ َ َ َ ْ َ ي َْ َ ْْو َسن َهْ ْ َزاد ٍِ ْع ِي ْانل ِِب ْصَّل ْاَّلل ْعني، َْع ْر ِِض ْاَّلل ِ ي ْع، يد ز ِ ِْي ي ْب ه ِ اس ِ ل ْع ِي ْام,ْ ُج َريْ ٍج

ْ1.ْْواْل َ ِر ِف ٍِ ِفي

وسےئ:ملقنیتا دویمںےسااھٹایلایگےہ: ”یلع ریضاہللعنہےتہکںیہہک یبنارکم یلصاہللہیلعوملس ےنفسامیا اوردویاےنےساہیںیکہک،ےچبےساہیںیکہکوہیاغلوہاجےئ،وہےئصخشےساہیںیکہکوہدیباروہاجےئ یلعریض،اےسانبرججیےناقمسنبیزیدےسانہوںےنیلعریضاہللعنہےس:اےسلقعا اجےئ“۔اوبداودےتہکںیہ اوراسںیم” وھکسٹوبرےھ “اکااضہفےہ۔،اہللعنہےنیبنارکم یلصاہللہیلعوملس ےسرموفاعًروایتایکےہ Ali (may Allah be pleased with him) said that the Prophet ( peace and blessings of Allah be upon him) said: “ The pen has been taken away from three people: from a sleeping person until he wakes up, from a child until he reaches adulthood, and from a madman until he regains his sanity. ” Abu Dawud said: Ibn Jurayj narrated it from Qasim bin Yazid, from Ali (may Allah [8847 :دحیت/ اتكب ادحلود/[ننس ايب داود

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-16 be pleased with him), from Ali (may Allah be pleased with him), from the Prophet (peace and blessings of Allah be upon him) , and he added “ the old man who is depraved.”

ْْعيْانلائه: ْ ُرفِ َع ْاملن ُه ْعيْثَلثة: عيَْعْرِضْاهللْعٌٍْعيْانلِبْصَّلْاهلل ْعني ْوسنه ْوعيْاملجٌِنْحَّتْيع ِللْ۔،ْوعيْالصِبْحَّتَْيْجَ ِن َه،حَّتْي َ ْستَيْ ِل َظ وسےئ:ملق نیت ا دویمں ےس ااھٹ ایل ایگ ےہ: ”یلع ریض اہلل عنہ ےتہک ںیہ ہک یبن ارکم یلص اہلل ہیلع وملس ےن فسامیا اور دویاےن ےس اہیں یک ہک، ےچب ےس اہیں یک ہک وہ یاغل وہ اجےئ،وہےئ صخش ےس اہیں یک ہک وہ دیبار وہ اجےئ اےسلقعا اجےئ۔ Ali (may Allah be pleased with him) said that the Prophet ( peace and blessings of Allah be upon him) said: “ The pen has been taken away from three people: from a sleeping person until he wakes up, from a child until he reaches adulthood, and from a madman until he regains his sanity.

21.For this category of people a phrase “Murfu al-Qalam” (Arabic for “the pen is lifted”) is commonly used in Islamic jurisprudence. Hence, the category of persons, who are suffering from depression or some kind of mental disorder, can claim exemption from criminal liability not only for committing an attempt for suicide, but for all the rest of the crimes also. However, it needs to be determined because the state of depression and of mental illness cannot always be a permanent state of mind, sometimes it varies in durations, intervals and intensity. This state of mind is not always similar in intensity, therefore, it should be seen from case to case for extending exemption from a criminal liability to a person who is suffering from some mental illness.

Islamic Jurisprudence in the light of Quran and Sunnah very clearly and categorically made mental illness and mental disorder etc. an exception from )141 ،111/1( مسند احمد

criminal liability. However, this cannot be made a basis for decriminalization of any crime under Islamic Jurisprudence in the light of Quran and Sunnah because same crimes can be committed by the persons of sound mind, they cannot be left scot-free.

22.The wordings of the Hadith as narrated in Abu Daud and referred hereinabove clarify that such exemption is absolute i.e., this exemption from criminal liability always remains available to a perpetrator of a crime till the time the perpetrator remains suffering from that illness. However, the state of mind of human beings keeps on changing and hurting ones own self is forbidden under Quranic dictates, hence in case of an attempt to commit suicide the courts have to see and judge whether a person was in his right mind or was suffering from some mental disorder or illness etc. at the time of commission of the alleged crime. Under Islamic law in the light of the Holy Quran and Sunnah, a person who is suffering from any kind of mental disorder has an absolute exemption from any criminal liability, therefore, precaution should be taken by the court before extending this exception to any person lest no person of sound mind misuse this exemption for his advantage.

THE OPINION OF COUNCIL OF ISLAMIC IDEOLOGY

23.With this backdrop when the Council of Islamic Ideology was asked for its opinion, it was clearly proposed by the Council that considering the reasons presented along with the Bill, if it is at all necessary to exempt the action of any person so taken by him under some depression or mental illness or mental disorder, such an exception can be incorporated in the then existing Section of 325 of the PPC. The opinion of the Council of Islamic Ideology

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-18 regarding the validity of Section 325, as published in its Annual Report (2017-18) is as follow:

ن ن اس ےیل ااسی ادقام رکےن واےل رپ، اعمرشہ ںیم اس لمع یک وحہلص ینکش یک اجین رضوری ےہ، وخد یشک رکن ا گاہ ریبکہ ےہ ن وکاحبلراھکاجےئ۔۵۲۳زسااکوموجدرانہیہاقتاضےئرشتعیےہل ذاومجمہعزعتیراتن ااتسکن یکدہعف ن :)اک ااضہفرکدنااجےئہکproviso( اہتبلاسےکآخر ںیمای اانثتسء ’’ ااسی صخش وج یبط اعمےنئ ےک ہجیتن ںیم یسک وصخمص ایسفنیت امیبری ںیم التبم نان ا اجےئ وت اس رپ اس زسا اک افنذ ںیہن وہ اگ ن ‘‘ )ںیمالعجےکےیلاجیھباجےئ۔rehabilitation centre(ہکلب اےسیفرد وکاحبیلرٹینیس

LEGAL EFFECT OF OPINION OF COUNCIL OF ISLAMIC IDEOLOGY

24.The petitioners drew our attention towards a related legal question which is relevant too, i.e. what is the legal effect of the opinion or the advice of the Council of Islamic Ideology of Pakistan as in this case the Council of Islamic Ideology was asked to give its opinion on the impugned Act when it was under consideration by the Senate Committee in the Parliament and the Council of Islamic Ideology did give its opinion as referred hereinabove under Article 230 of the Constitution of Islamic Republic of Pakistan, 1973. We are aware of the fact that although the advice of the CII is not binding upon the Government, as it is not mandatory but persuasive and recommendatory in nature, hence it is preferable for the Government to either act upon the advice of the CII or at least think twice before deviating from its advice because under the constitutional scheme of Pakistan this Constitutional body has its importance, which is to promote constitutionalism in all segments of the society and to keep the law and legislation in line with the principles of the Holy Quran and Sunnah, which is the Grundnorm of our Constitution as incorporated in Article 2A of the Constitution. As generally the government is supposed to be a good litigant, which means it does not entangle itself in

unnecessary legal complications and it acts upon the directions of the court in letter and spirit, even though it has space ‘circumventing’ the orders of the court. Similarly, a recommendation for the government from a recommendatory body, which is the CII in this case, should be considered seriously as much as possible to act upon it. We are of the view that such behavior of the Government will be in more accordance with constitutionalism.

25.If the Federal Government wants to provide some kind of protection for the mentally ill persons from being demonized by the society, then it may act upon the advice of the CII. However, if the Federal Government genuinely wants to protect the very vulnerable segment of society, in this case the depressed persons suffering from mental illness or disorder, the decriminalization of this heinous and anti-life offence is not the solution to curb this crime and evil from our society, but to ensure the implementation of the relevant laws in the society like the Mental Health Ordinance, 2001, which also devolved to the provinces by virtue of 18th Amendment in the Constitution and has been adopted by the provinces.

ISLAM IS A PRO-LIFE RELIGION

26.According to the Holy Quran and Sunnah the utmost goal of Shariah after protection of religion is the protection of life. In Islam, protection of life ( )حفظ النفسis one of the basic goal of Shariah and it is imperative upon every Muslim to protect his life, not only his own life, but the life of every human being around him is sacred for him. So much so that under Islamic law in order to protect life, the commission of an act which otherwise is illegal or not permissible (haram) becomes permissible and allowed. Under Islamic law and jurisprudence on the basis of the Quran and Sunnah the most heinous

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-20 crime is committing murder. This concept is based on Verse 32 of Surah Maida, which states that:

ۡي َن ۡف ٍس ا َۡو ف ََسا ٍد ِف ۡ اۡل َۡر ِض فَكَاَنَّ َما ِ ۡسا ِب َغ َ ن اِ ۡس َرٓا ِء ۡي َل ا َنَّ ٗه َم ۡن قَت َۢ َ َل َنف ۡۡۤ ِ ِكۛ َك َت ۡب َنا عَٰل َب ۡ م ۛ َ ِن ا َۡج ِل ٰذ ل

ت ُث َّم اِ َّن َ اس َج ِم ۡي ًعاؕ َو َم ۡن ا َۡح َيا َها فَكَاَنَّ َماۤۡ ا َۡح َيا ال َّن َ اس َج ِم ۡي ًع ؕا َو لَق َۡۡ َج ِ ءٓءۡ ُه ۡم ُر ُسل ُ َنا ِبا ل َۡب ِ ّي ٰن َ َل ال َّن َ قَت

ۡ ُ ۡ ۡيا ّم

ِك ِف ۡ اۡل َۡر ِض ل َُم ۡس ِرف ُۡو َن۔ َ ِهۡن َب ۡع َۡ ٰذ ل ً َك ِث اس لتق یک وہج ےس مہ ےن ینب ارسالیئ رپ ہی مکح یارل ایک ہک وج صخش یسک وک (یاقح) لتق رکے اگ (ینعی) ریغب اس ےک ہک اجں اک دبہل ایل اجےئ یا کلم ںیم رخايب رکےن یک زسا دی اجےئ اُس ےن وگیا امتم ولوگں وک لتق ایک اور وج اس یک ردناگین اک ومجٹ وہا وت وگیا امتم ولوگں یک ردناگین اک ومجٹ وہا اور اں ولوگں ےک یاس امہرے ربمغیپ رونش دںیلیل ال ےکچ ںیہ رھپ اس ےک دعب یھب اں ےس تہب ےس ولگ کلم ںیم دحِ ادتعال ےس لکن اجےت ںیہ For that cause We decreed for the Children of Israel that whosoever killed a human being for other than manslaughter or corruption in the earth, it shall be as if he had killed all mankind, and whosoever saved the life of one, it shall be as if he had saved the life of all mankind. Our messengers came unto them of old with clear proofs (of Allah's Sovereignty), but afterwards lo! many of them became prodigals in the earth.

Following verses of Holy Quran and Ahadith of the Prophet SAW are relevant in this regard:

َان ِبك ُۡم َر ِح ۡي ًما۔ ؕۛ ۡ ۔۔۔۔۔۔ َو َۡل َۡ َۡ ُتل ُوۤۡا ا َ ۡنقف َُسك َ ّٰ ُم اِ َّن َ الل ك اور اےنپ ا ب وک لتق ہن رکو۔ نیقی امون ہک اہلل اہمترے اورپ رہمیاں ےہ۔ “And do not kill yourselves. Indeed, Allah is ever Merciful to you.”

This verse is one of the most direct prohibitions against self-harm and suicide.

َ ُ ۔۔۔۔۔۔ َو َۡل ُۡلَۡ ُۡوا ِباَ ۡي ِۡ ۡيك ُۡم اَِل ال َّت ۡهل ك ِة۔

۔۔۔۔۔۔ اور اےنپ ا ب وک ہالکت ںیم ہن داول۔ “And do not throw yourselves with your own hands into destruction...”

Surah Maidah (Verse 32)

Surah An-Nisa (Verse 29)

Surah Al-Baqarah (Verse 195)

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-21 Scholars interpret this broadly to include any action that leads to self- destruction.

الل اِ َّۡل ِبا ل َۡحق ِّق۔۔۔۔۔۔ َ َ ۡ َّو َۡل َۡ َۡ ُتل ُوا ال ّن ۡف َس ال

ُ ّٰ ِت َح َّر َم لتق سفن اک اراکتب ہن رکو ےسج اہلل ےن رحام ایک ےہ رگم قح ےک ساھت۔۔۔ “And do not kill the soul which Allah has forbidden, except by right...”

27.This establishes the sanctity of life, your own included. Whereas, some Ahadith of the Prophet Muhammad (SAW) are further elaborating the sanctity of human life so much so that no one is allowed to harm himself even.

ٍُْ يدث ْْ"ْويْقجلْنفسٍِْب ِديد ٍةْفح ِد:ْاَّللْصَّلْاَّللْعني ٍِْوسنهْكال ِ ْأنْرسِل، عيْأ ِِبَْريرة َ َْ َ َ َ يُاْأَبَ ًد ٍُْ ْف ُس ُّى،ْو َو ْيْقجَلْنف َس ٍُْب ِ ُس يه،ا َ اُْمَ َّ ًَّلاْف ْخاِل،ارْجٌُه ًْ ِْف ٍ ٌ ْ ِفْيَده َْيجَ َِ َّجأُْب َُاِْف َْب ط

َ َْ َ ََ َ ْ َّ َ َ َ اُْمَ َّ ًَّلاْف

َِْ ُُ ْجبَ ٍل ْفلجَل ْنف َس ٍُْ ْف َ يُاْأبَ ًد ْو َو ْي ْث َردىْ ِوي،ا ِ ار ْجٌُه ْخاِل ِ ًْ ِِف ْي ِدهِ ْيجحساه ِِْف َ َ اُْمَ َّ ًَّلاْف

ْ.ْ"ْيُاْأبَ ًدا ِ ارْجٌُهْخاِل ِ ًْىِْف ِ يَتد

، ”سج ےن ولےہ ےس اینپ اجں یل:اوبہشریہ ریض اہلل عنہ ےس روایت ےہ ہک روسل اہلل یلص اہلل ہیلع وملس ےن فسامیا اور سج ےن رہش اھک،اس ےک اہھت ںیم وہ ایھتہر وہ اگ اور وہ اےس منہج یک اگ ںیم ہشیمہ اےنپ ٹیپ ںیم وھگینکنا رےہ اگ اور سج ےن ڑار ےس ک رک، وت اس ےک اہھت ںیم رہش وہ اگ اور وہ منہج یک اگ ںیم ہشیمہ اےس ر ات رےہ اگ،رک وخدیشک یک وہ منہج یک اگ ںیم ہشیمہ ک یا رےہ اگ“۔،وخدیشک یک

“Abu Hurairah narrated (that the the Messenger of Allah (s.a.w)) said: "Whoever kills himself with (an instrument of)iron, his iron will be in his hand, to continually stab himself in his stomach with it, in the fire of Jahannam, dwelling in that state eternally. And whoever kills himself with poison, then his poison will be in his hand, to continually take it in the Fire of Jahannam, dwelling in that state eternally. And whoever throws himself from a mountain to kill himself, then he will be continually throwing himself in the Fire of Jahannam, dwelling in that state eternally." Another chain reports a similar narration.”

Surah Al-Isra (Verse 33)

[6488 :دحیت/اتكب ابطل نع روسل ال َّلّ ِہ یلص اہلل ہیلع وملس/]ننس رتذمی

Sh.P. No.03/I of 2023 and Sh.P. No.01/I of 2025 Page-22 َْ َر ْي َر َة ْـْرىضْاهللْعٌٍْـْكَ َال َْك َال َّ اَّليَْيٌُ ُق ْنف َسٍْ ِب ْصَّلْاهللْعنيٍْوسنهْْ" ْ ِْانل ُّ ِ عي ْأ ِِب َّ ْ،و َّ َ ْ ُ ُ َ َ ْ ُ ُ َ َُُْ َ ار َ ِ َّ

ارْْ"ْْ. اِْفْانل ِ اَّليْيطعٌُاْيطعٌُ ِ اِْفْانل َِيٌلُ ِ

اوبہشریہ ریض اہلل عنہ ےن ایبں ایک ہک روسل اہلل یلص اہلل ہیلع وملس ےن فسامیا ہک وج صخش وخد اانپ گال وھگیت رک اجں ی دے دااتل ےہ وہ منہج ںیم یھب اانپ گال وھگیٹنا رےہ اگ اور وج یزےھچ یا ریت ےس اےنپ نٹں (ا ب وک) امرے وہ دورخ ںیم ی یھب اس رطخ اےنپ (ا ب وک) نٹں امریا رےہ اگ۔

) said, "He whoصلى الله عليه وسلم( Narrated Abu Huraira-: The Prophet commits suicide by throttling shall keep on throttling himself in the Hell Fire (forever) and he who commits suicide by stabbing "himself shall keep on stabbing himself in the Hell-Fire.

َْك َن ْف َ َ َّ َ َ ُ َُْ َ َ َُ ُ َْ َ ْ ُُْ يى ْيْ ِ ْصَّل ْاهللْعني ٍِ ْو ْسنه هلل ِض ْاهلل ْعٌٍ ْكال ْْ:رسِل ْا ِ هلل ْر ِ عي ْجٌد ٍب ْبِيْعب ِدا ِ

ْح ََّّت ْوات ْكالْ ْف َىاْركَأَ َّ ْاِل ُم َ ُ ْ ٌ َ َ َ َ َ َ َ ِّ ً َ َ َّ َ َ َ ُ َ ْسكيٌاْفحز ْبُِاْيده

َكن ْقبنكه ْرجل ْبِ ٍِ ْجرح ْفج ِزع ْفأخذ ِ

ْعنيْ ٍِْاجلٌةْ۔ْ اهللْت َعاَلْْ:بَاد َرِنْعبْ ِديْبٌَِف ِس ٍِْحروت رضحب دنجب نب دبعاہلل ریض اہلل عنہ روایت رکےت ںیہ ہک یبن رکمی صلى الله عليه وسلم ےن فسامیا" :مت ےس ےلہپ ولوگں ںیم ایک صخش اھت ےسج رمخ اگل ،وت وہ ےب ربصی (زجع) رک ایگ ،رھپ اس ےن رھچی یل اور اانپ اہھت اکب ایل ،وخں ہن راک اہیں یل ےن فسامیا :ریمے دنبے ےن اینپ اجں ےک یارے ںیم ھجم ےس دلجی یک ،ںیم ےن اس رپ یک ہک وہ رم ایگ ،اہلل اعت ٰ جنٹ رحام رک دی۔

“There was amongst those before you a man who had a wound. He was in [such] anguish that he took a knife and made with it a cut in his hand, and the blood did not cease to flow till he died. Allah the Almighty said: My servant has himself ”forestalled Me; I have forbidden him Paradise.

28.These Verses and Ahadith are the basis of all the pro-life activities in Shariah. Hence, any act, direct or indirect, which leads to effect the life of any person adversely is not only a sin but falls within the category of a punishable crime because there is a consensus in Islamic law that committing suicide is a ]حيحص ااخبلری/اتكب ابطل/دحیت[57:9 :

حيحص اخبری ،اتكب ااحدیت االیٹناء ،ربمن 78:7

major sin in Islam under Quran and Sunnah and to prevent the commission of a major sin the State can introduce Taziri punishment under the principle of Saad uz Darai (Blocking of Means).

LEGAL EFFECT OF DECRIMINALIZATION OF ‘ATTEMPT TO COMMIT SUICIDE’ 29. The decriminalization of ‘attempt to commit suicide’ has given rise to two kinds of serious legal problems namely:

i. Any abettor i.e. a person who helps anyone in committing suicide cannot be charged of any offence as such because the crime of attempting suicide is decriminalized and Section 325 is omitted from the PPC and once the action of attempting an act is no more a crime, which in this case is attempt to commit suicide, then any action to abet commission of suicide cannot be penalized because to be charged as an abettor of any illegal act, that alleged act itself must exist in the list of crimes under the law. Section 109 PPC being relevant in this regard is reproduced as under for clarity:

109.Punishment of abetment if the Act abetted is committed: In consequence and where no express provision is made for its punishment: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code, for the punishment of such abetment, be punished with the punishment provided for the offence:

Provided that, except in case of Ikrah-i-Tam, the, abettor of an offence referred to in Chapter XVI shall be liable to punishment of ta'zir specified for such offence including death.

Explanation: An act or offence is said-to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

ii. The second adverse effect of this decriminalization of attempt to commit suicide is more damaging for the society, especially for the children i.e.

instigating someone to commit suicide. It is a most heinous and dangerous aspect which has been highlighted by the petitioners. There are some IT applications introduced on the internet as ‘games’ to psychologically trap children, deeply and intensely and then instigate them to commit suicide.

It is not a hoax. It is a dark reality of this Information Technology age.

There are many other similar applications available on the internet like “Momo Challenge” supposedly involved a creepy character messaging kids and giving harmful instructions. Widely debunked as a hoax, but it caused real fear. To name another, “Fire Challenge”, where people filmed themselves setting parts of their body on fire briefly, this one actually caused injuries. Similarly, “Tide Pod Challenge”, where teenagers filmed themselves eating laundry detergent pods, which led to poisonings.

Likewise, “Blackout Challenge” involved restricting breathing to feel a “rush”, this has resulted in serious injuries and deaths.

30.All these and anything like inflicting serious harm to the extent that ‘successfully instigate’ the victims to commit suicide but unfortunately after ‘decriminalization’ of attempt to commit suicide by the impugned Act the perpetrator, who is instigating someone to commit suicide cannot be charged or persecuted, for the reason that due to this decriminalization of an offence the instigation of someone by anyone for committing suicide will get a legal cover and protection or complete impunity under Article 4(2)(C) of the Constitution, which states as:

“no person shall be compelled to do that which the law does not require him to do.”

Hence, the decriminalization of this law will:

i. leave all those persons in our society scot-free who are of sane mind and will be involved in attempting to commit suicide, because after the omission of Section 325, they cannot be charged under any section of law for attempting to commit suicide.

ii. any person who will be involved in instigating children and innocent persons alike to commit suicide cannot be charged and prosecuted.

iii. those persons who are involved in abetting any person to commit suicide cannot be charged and prosecuted as the Holy Quran says, do not help each other in illegal and sinful acts, but since the very act under Section 325 is omitted from the PPC, no one can be charged for abetting and instigating such a heinous and anti-life act.

31.That under the principle of Sadd ad-Dharai ( )سد الذرائعi.e. blocking of means an action, which may culminate into the death of that person, who is undertaking that action, must be stopped by the State by including it in the list of Taziri punishment. In addition to this, the prevention of facilitation, abetment to attempt suicide and instigating someone that culminate into an action of committing suicide must also be made punishable crime under the principle of Islamic jurisprudence.

32.Hence, we are of the view that, so far as the reasons presented to the Parliament by the Mover of the impugned Bill, that an ‘attempt to commit suicide’ is carried out only by persons who are depressed or of unsound mind, therefore, this law should be decriminalized as it would therefore provide protection to such individuals who are of unsound mind or are suffering from depression or some mental illness or disorder from being demonized by the society, is not only flawed but against the concept of the Holy Quran and Sunnah.

33.After hearing the parties at length and meticulously perusing the record, we are inclined to ACCEPT the captioned Shariat Petition No.03/I/2023 and Shariat Petition No.01/I/2025 and declare that the decriminalization of a crime through the impugned Act No.XXXVII, titled Criminal Laws (Amendment) Act, 2022, whereby Section 325 of the PPC, 1860 has been omitted is against the principles of the Holy Quran and Sunnah. Suicide is undoubtedly a cardinal sin in Islam and is an anti-life act, hence any effort to attempt its commitment is also considered as an act to promote an anti-life act. Hence, in addition to the acceptance of these Shariat Petitions, we also declare that the impugned Act being against the Holy Quran and Sunnah will have no legal effect immediately with the passing of this judgment. Consequently, Section 325 of PPC, which was deleted with the promulgation of the impugned Act, is RESTORED.

34.Since the captioned Shariat Petition No.01-I/2025 has been accepted, therefore, the accompanied application i.e. Sh. Misc. Application No.01-I/2025 on having become infructuous is hereby DISPOSED OF.

(JUSTICE DR. SYED MUHAMMAD ANWER)

JUDGE

(JUSTICE IQBAL HAMEEDUR RAHMAN)

CHIEF JUSTICE

(JUSTICE AMEER MUHAMMAD KHAN)

JUDGE

Announced in Open Court on 18.05.2026, at Islamabad.

Khalid/* Approved for reporting.

(JUSTICE DR. SYED MUHAMMAD ANWER)

JUDGE