Decriminalising suicide had input from Islamic authorities: Ramkarpal

KUALA LUMPUR – Law amendments to decriminalise attempted suicide have approval from local Islamic authorities, Ramkarpal Singh told the Dewan Rakyat today.

Islamic law stakeholders were engaged for their input on the proposed amendments, the deputy minister in the Prime Minister’s Department (law and institutional reform) added in his winding-up speech after the Penal Code (Amendment) (No.2) Bill 2023’s second reading.

“Agencies with expertise (on the shariah system) were referred to, with the Attorney-General’s Chambers referring (the proposed amendments) to the Federal Territories Mufti’s Office. 

“(The Mufti’s Office) did not have any objections to this bill,” Ramkarpal said. 

The deputy minister said this in response to MPs who questioned whether the government had considered input from Islamic authorities in decriminalising suicide. The bill was then passed later today.

PAS MP: why decriminalise attempted suicide by sane people?

Abdul Ghani Ahmad (Jerlun-PN) said while he supports the move to decriminalise attempted suicide for the insane, he questioned if decriminalisation should extend to those of sound mind.

He reminded the Dewan Rakyat that under the principles of Islam, suicide is a sin. 

“If the person who attempted suicide is not sane, he can’t be a criminal because we can’t hold him to account for the sin,” he said, adding that this was the consensus amongst ulama.

“But what about mental patients who are declared sane and who attempted suicide?” the PAS lawmaker asked.

He suggested that new legal amendments be made to include a provision to identify mental patients who have attempted suicide. 

“We have professionals who can determine the circumstances surrounding the patient. 

“Should decriminalisation be applied to all? Just because they are stressed they can’t be punished?”

Other MPs, such as Syed Saddiq Syed Abdul Rahman (Muar-Muda) came to the bill’s defence, saying that the government is not legitimising suicide, but is trying a different public health approach to address the matter.

Datuk Seri Dzulkefly Ahmad (Kuala Selangor-PH) schooled Ghani on the realities of mental health, pointing out that such problems vary in severity.

“They aren’t criminals for attempting suicide. They are under pressure and stress, they are patients who require clinical intervention,” Dzulkefly said. 

Existing laws do not deter suicide

In his winding-up speech, Ramkarpal said the amendments will ensure the government moves away from a “punitive system” and towards a more treatment-centred approach when dealing with those who have attempted suicide. 

“We will have to wait and see if the new laws will reduce the number of attempted suicide cases, but what is clear now is that under existing laws the number of such cases have only increased. 

“These new laws will encourage those who are facing mental issues to get treatment as they will no longer be afraid of being charged with committing a crime if they come forward with their problems,” he said. 

Besides changes to the Penal Code, the Criminal Procedure Code (Amendment) Bill 2023 and the Mental Health (Amendment) Bill 2023 will also have to be tabled to allow for suicide decriminalisation. 

All three bills are scheduled to be tabled for second reading during the ongoing Parliament sitting. – The Vibes, May 22, 2023

Additional reporting by Arjun Mohanakrishnan