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ISLAMIC PERSPECTIVE OF SECTION 325 OF PAKISTAN PENAL CODE 1860

Introduction.

     Islam is the complete code of conduct. In the Islam Human Life is sacred and very valuable; as sanctity of human life is a basic concept in Islam. One of the basic beliefs in Islam is that GOD (ALLAH) is the Creator of all of mankind and the Real Owner of all lives. He created Adam from mud and He gave him life and He is the One who started our lives from conception. Therefore, He is the only One who will end it through natural death at a predetermined time. 

     Being the follower of Islam and Muslim we don’t have right punish the person on the bases of the predictions. We, Pakistani claim that law of our country is based on the Islamic principle that Quran and Hadith but that not totally same as said and claimed. Because in the Quran there no specific punishment of the suicide on what bases we say that is on the bases of Quran and Sunnah. There not only the punishment but if we observe carefully there is also given for the mentally assist to the human being. Being the human we can’t claim that the mental state of some and direct say to him that he is criminilse. Allah say in Quran that whenever someone take to you some matter first make sure the make decision or personal views.

     The moment of death of every creature on this earth is predetermined only by the Creator and only He knows when this time will come.Islam is the complete code of conduct where whole life is described by the Allah in the form of Quran sunnah any other way which is being explained by thee Muslim scholar by their own perspective with help of Quran And sunnah. Like so many other sin suicide is also a sin not a crime, because we have not seen any punishment of the suicide in the Islamic leering and principle due to that because our law is based on Islamic system.

3.1 Quranic verses (Ayaat) related to human body (suicide)

There are so many ayah which can save the human and support to assist them. Allah Almighty say,

(1)We ordained for the Children of Israel that if any one slew a person – unless it be for murder or for spreading mischief in the land – it would be as if he slew the whole people: and if any one saved a life, it would be as if he saved the life of the whole people” (Chapter 5, verse 32).

(2) Do not kill yourselves, for verily Allah has been to you most merciful” (Chapter 4, verse 29). “….take not life which Allah has made sacred(Chapter 6, verse 151).

The holy Quran that emphasize that our lives will end at a fixed, predetermined time that that only God know and we don’t know.

(3)It is not given to any soul to die, but with the permission of Allah at an appointed time” End of Life (Chapter 3, verse 145).

(4)And no person can ever die except by Allah’s leave and at an appointed term(Chapter 3, verse 145).

3.2 Hadith regarding the Suicide,

 

And if somebody commits suicide with anything in this world, he will be tortured with that very thing on the Day of Resurrection; And if somebody curses a believer, then his sin will be as if he murdered him.

A companion of Prophet Jundab narrates that the Prophet said,  A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him.”

In another hadith, narrated by Abu Huraira, the Prophet said, “He who 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.”

In another hadith, also narrated by Abu Huraira, the Prophet said,

“Whoever purposely throws himself from a mountain and kills himself, will be in the (Hell) Fire falling down into it and abiding therein perpetually forever; and whoever drinks poison and kills himself with it, he will be carrying his poison in his hand and drinking it in the (Hell) Fire wherein he will abide eternally forever; and whoever kills himself with an iron weapon, will be carrying that weapon in his hand and stabbing his abdomen with it in the (Hell) Fire wherein he will abide eternally forever.”

The Prophet Muhammad (peace be upon him) said,

Whoever throws himself down from a mountain and kills himself will be in the fire of hell, throwing himself down therein for ever and ever. Whoever takes poison and kills himself, his poison will be in his hand and he will be sipping it in the fire of hell forever and ever. Whoever kills himself with a piece of iron, that piece of iron will be in his hand and he will be stabbing himself in the stomach with it in the fire of hell, for ever and ever.” (Bukhari). Furthermore, sanctity and value of Muslims’ lives were reflected in Prophet Mohammad’s (BPUH) words as he mentioned that “Demolishing the Kaaba (the holiest place to Muslims at Mecca where they do pilgrimage) completely is much more preferred to Allah Almighty than shedding the blood of a Believing Muslim” (Words of Prophet Mohammad,2013)

 

3.3 Islamic scholar views about suicide

To support our argument there is some concept of Islamic scholar who does not said about the suicide to criminalize it. The Late Grand Mufti of Saudi Arabia, Abdul-Aziz bin Abdullah bin Baz equally declared it un-Islamic for anybody to decide the death of a person before he is actually dead. The Islamic Code of Medical Ethics issued by the First International Conference on Islamic Medicine states. Mercy killing like suicide finds no support except in the atheistic way of thinking that believes that our life on this earth is followed by void. The claim of killing for painful hopeless illness is also refuted, for there is no human pain that cannot be largely conquered by medication or by suitable neurosurgery.

We have just seen that the person who try to commit suicide the considered criminal but what have to do with person and help to not do such act’. Allah says to help those who are in the tribal and tension of different kind of life activity.

Islam according to Malik, provides a cohesive social system and set of rules which keeps a community of believers in warm relationship with each other. In other words, it provides an atmosphere in which individuals are morally, emotionally and physically supported. In taking care of ill people, Islam provides a support system in the form of family in which duties of maintenance, compassion and kindness are to be maintained. If these notions were properly understood, a Muslim would never contemplate committing suicide. According to the Qur’an, a Muslim’s life constitutes a trial and a test for the human, by means of which his final destiny is determined by God. For him, death is the return of the soul to its Creator, God. In another words, death marks the transition from one state of existence to the next.

Muslim is the believer of the Allah Almighty and he may take the examine from his fallow by the different way and that is the relation of God and the that punishment and award is being given by the God.

3.4 Every sin, not a crime

The word sin is used in the Islamic perspective. In Islam, a sin is any act of disobedience against the commands of Allah, which may entail punishment in the Hereafter. It mean that sin which is being conducted by the person will be punished and dealt at the day of judgment and not in the world except those which is been mention in the Quran and sunnah. The sin can be forgiven by the the Allah Almighty except Major sin like Shirk which can’t be for given that is clearly mentioned in the Quran,

Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He wills. And he who associates others with Allah has certainly fabricated a tremendous sin. [Surat An-Nisā (4:48)]”.

If we observe the real meaning sin that mean disobeying or the Act which is against the will of god,

Sin may not entail punishment in the hereinafter. This mean that sin may be in forgivable in front of God because the in the crime and every action there must be intention , in the case of suicide a person maybe in the situation where we were the responsible. In the hadith of the Holy Prophet (PBUH),

Innamal a’malu binniyat” – “The deeds depends on the intention.”

You will be blessed by a fruit as per your deed

Whatever you do. Do it for the sake of Allah

Every good deed is Sadaqah (Charity).

In the point we can say that Allah Almighty may forgive for the Act which is done by the person. And the sin is the matter of the God and his follower.

Deviance can be improved by some step which are the main responsibility of the government and the society. Sin is the matter of the God and individual and we don’t have right to punish someone unless there is given in the Quran like, Zina, Killing someone other one not to himself. But in the suicide person kill himself not to the other.

 

3.5 Conclusion

Overall, the above mentioned Quran verses and hadith indicate that the act of committing suicide is considered a major sin in Islam. However, at the same time, even though a Muslim committing suicide is someone who shall be disgraced forever in hell, it is still an obligation of the fellow believers to bury them in accordance with the Islamic traditions as he/she is still considered a Muslim. All thing explain that there is no any punishment of the victim who try to commit suicide. The punishment of the suicide is decided by god and that will be in the Day of Judgment not in the world like, Nimaz, Zakat, hajj And Fasting. But we have seen the about to support the person who is about commit suicide due various factor.

 

Written by:

Khalid Mairaj Khoso

The Lex Writer

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