Medical Experts Contest FSC Decision on Suicide Attempt Legislation

On Tuesday, the Pakistan Psychiatric Society (PPS) submitted an appeal to the Shariat Appellate Bench of the Supreme Court, contesting the Federal Shariat Court’s (FSC) May 18 ruling that decriminalizing suicide attempts violates Islamic injunctions. The appeal, filed by Advocate Barrister Muhammad Mumtaz Ali, argued that the FSC erred in interpreting Islamic law to mandate criminal penalties for suicide attempts, a proposition unsupported by the Quran, Sunnah, or established juristic consensus.

Central to the dispute is Section 325 of the Pakistan Penal Code (PPC), which the FSC struck down, declaring its removal “repugnant to Islam.” The PPS contended that while Islam prohibits suicide as a grave sin, no specific worldly punishment is prescribed for failed attempts. They emphasized that decriminalization does not equate to legalization but rather reflects a public health approach aligned with modern medical understanding.

Highlighting the panel’s oversight, the appeal noted that suicide is often linked to mental illness, trauma, or socio-economic factors requiring therapeutic intervention rather than penal sanctions. It argued that criminalizing attempts could deter vulnerable individuals from seeking help due to fear of prosecution. The petition also stressed that existing safeguards, such as Section 84 of the PPC, adequately address cases involving diminished responsibility without requiring reinstatement of criminal liability.

Furthermore, the appeal challenged the FSC’s judicial overreach, asserting that Article 227 of the Constitution does not compel the legislature to criminalize every sinful act absent explicit religious mandates. It pointed to global trends in Muslim-majority states adopting de-criminalization frameworks focused on rehabilitation, aligning with Islamic principles of compassion and human dignity.

The PPS maintained that restoring penal liability for suicide attempts contradicts evidence-based suicide prevention strategies and undermines efforts to promote mental healthcare. The appeal called for upholding the distinction between religious moral prohibitions and state-imposed legal sanctions, ensuring laws conform to contemporary societal needs while respecting Islamic jurisprudence.

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