Written by: Averroes
Almost a week ago, a man had attempted to commit suicide by leaping off a balcony at his flat. The event became viral on social media and subsequently, he was fined a whopping RM3,000. The Magistrate Tawfiq Affandy Chin ordered the man (Shahfirul Hakim Shahidan) aged 28 to serve three months in prison if he were to fail to pay the said fine. He was not the first as an unemployed 42 year old man was sentenced by the Kuala Lumpur Magistrate's Court, for his so-called criminal scheme for an attempted self-stab with a large chip from a broken window. A disabled man in Terengganu was sent for six, (6) months imprisonment for attempting to hang himself with a nylon rope from a ceiling in Kuala Nerus, due to depression.
The facts of the former recent case was that since he was unemployed, there must have been a correlation of his suicide and his financial status. Nevertheless, he was about to jump from a building balcony's fence at a flat located in Cheras at 4.45 am on the 1st of August, it was revealed that his verdict was based on section 309 of the Penal Code which provides him with a maximum jail term of one year or a fine or both.
Later on, DPP Nurilya Ellyna Nor Azmal sought from the court to impose an appropriate sentence as to remind him that he irked several parties. The accused who has no legal representative appealed for a lenient sentence and swore to not commit the same mistake. This is a grave issue that as Malaysians have to cater to in order to build a much prosperous and harmonious country. Though the author would like to bring certain prepositions for us to digest and appreciate. It is indeed obvious that during this time of the covid-19 pandemic, people have to agonize with the financial instability of the country as generating income and maintaining a pocket of money had gone to the extremes.
Kampung Tunku state assemblyman (Lim Yi Wei), urged the government to implement a moratorium on prosecutions involving suicide while the Attorney-General's Chambers (AGC) is underway studying the effects of the law. This was a reciprocated answer which was asked by Bandar Kuching MP (Dr Kelvin Yii) during parliamentary session, as to with the current de facto law minister, Takiyuddin Hassan replied that the process of studying such law is still in progress. Initially, the law was proposed to deleted in parliament back in 2019 when the former law minister, (Liew Vui Keong) states it could be decriminalized as early in 2020. Now that there is a change of allegiance, the question of that law remains abstruse.
There had been voices echoed and resonated to bring an end to this punitive law of section 309 of the Penal Code. Those people attempting to commit suicide should not be treated as criminals or crooks as these are genuine human beings, suffering from depression, stress and mishaps. It is already enough of them to endure the affliction and the surge of pang from their social environment, now with this sentence and pressure from the authorities, this will not end the issue of poverty and mental health. Many people still perceive suicide as a mode to attract attention, selfishness, emotionally feeble and a dissident to morality. This law as a base to curb, deter and provide lessons to those inflicted with pain does not decrease the likelihood of suicide at all.
We may travel back into time where suicide is regarded as a sin in both Islamic and Christian beliefs. It is a law imported from the English colonialists to the Indian Penal Code which later was adopted in our Malaysian Legal System. In Islam, whoever commits suicide shall burn in inferno. In Surah An-Nisa', chapter 4, verse 29, "Do not kill yourself. Indeed, Allah is to you merciful." Surely, Islam promotes that whenever we feel sorrow and mischief, we have to return to Allah and seek guidance, persevere and remain patient. We may attribute this to among the objectives of Maqasid Syariah that Hifz al-Nafs that is the protection of life. Life is sacred in Islam and Muslims are required to protect it at all cost.
In the Christian faith, Augustine of Hippo and Thomas Aquinas believes that any person intentionally attempts to suicide, a life given by god will go against the authority of god and the monarchy. If one of the family members kill themselves in 13th Century England, the church will deny burial for the deceased and confiscate all the belongings of his family. Now in modern England, the Suicide Act 1961 had been passed which finally decriminalized this ancient law, the bill was passed by 150 MPs. India had followed suit where they enacted the Mental Healthcare Act 2017 which paves way for rehabilitation and eliminating criminal punishments. Our neighbour Singapore too had amended their suicide law (Criminal Law Reform) which had come into force on 1st January 2020 to decriminalize attempted suicide.
If situations do not favour us emotionally and mentally, faith and friends are always there to stand beside us in dire times. For reassurances, if you are anyone else is experiencing any suicidal tendencies, then Befrienders NGO has their arms open to reach out for those in need. One may dial 03-7956 8144 or 03-7956 8145.
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