According to media reports, Mr. Hayat killed his colleague in 2001 and was later on the awarded death penalty. He appealed before the superior courts but his punishment was maintained at all forums. Meanwhile, he was diagnosed with paranoid schizophrenia in 2008. His death penalty was postponed many times to determine how to deal with the criminals suffering from paranoid schizophrenia.
I try to stay away from religious topics, but since this is a matter of life and death..
People with "severe mental illness" are above the law. The body of law does not apply to them, therefore they are immune from the law.
The reason is as follows:
Prayer is obligatory upon the individual and is not waived under any circumstances so long as he is of sound mind, because the conditions of accountability are being an adult and being of sound mind.
If you have no sound mind, you have no accountability. You are not even required to believe in God.
The court has now rejected him any leverage on the basis of his claimed mental illness. He is scheduled to be hanged on the 15th Jan
What is the source of Law in Pakistan to support the death penalty?
227. Provisions relating to the Holy Quran and Sunnah.-(1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions.
According to the state constitution, it only requires the country to be brought into conformity with "Holy Quran and Sunnah".
What are the Sources of Islamic Law? The main and first source is the Quran, and then Traditions (Sunnah), Consensus (Ijma) and Reason (Aql).
1. The Holy Quran
The main and first source of Islamic law which other sources are taken from, is the Holy Quran
However, to draw inferences from the Quranic verses requires a special study of them and everyone cannot have access to all the contents of the Quran (to interpret the verses and to reconcile them, keeping in mind all the explanations given in the Sunnah is a matter of specialisation) but, it should not be forgotten that the Quran is a Book of clear guidance and all those who know its language can be benefited by it directly.
2. Traditions (Sunnah)
- Including traditions reported by the Holy Prophet, in addition, their actions.
3. Consensus (Ijma)
Consensus of opinion (Ijma) is considered another source of law besides the Quran and the Sunnah, in the sense that if the jurists agree with an opinion, we should act upon it even if we do not find anything in the Quran and the Sunnah to support it.
- The jurists maintain that if some authority is found on a rule of law in the Quran or the Sunnah, the question of the consensus of opinion does not arise.
- A text should always be given preference over a consensus. But if no authority is found and still the jurists have expressed an opinion, we regard it as authoritative, presuming that the jurists must have had some authority in support of their opinion, though we could not find it.
In this way the validity of a rule of law, even in such cases is actually based on some authority in the Sunnah not known to us.
4. Reason (Aql)
Reason plays a basic role in ijtihad (the deduction of the rules of religious law from the sources). Its role in ascertaining the rules of Islamic law has such an importance that it is said that reason and Islamic law are inseparable. There is a maxim which says:
"Whatever judgement is pronounced by reason is pronounced by Islamic law and whatever judgement is pronounced by Islamic law is pronounced by reason."
However, the Quran and the narration expressed many sharia laws, but there are matters which have not been dealt with expressly by the Quran and the Sunnah.
In such cases the Islamic cannon law has certain principles and general rules by the application of which and keeping in mind the contents of the Quran and the Sunnah, the problem of the new questions can be resolved. This is one of the most difficult stages of juristic deduction. These principles and rules have either been derived directly from the religious tests and can be utilised only under the guidance of reason, or are basically the axioms which are applied to juristic deduction of Islamic laws.
Conclusion
The Pakistan Constitution does not allow for Reason (Aql) and Consensus (Ijma) as valid source of Law, only Holy Quran and Sunnah. Therefore all laws of Ijma and Aql are invalid under the constitution.
The question of the death penalty will only carry divine legal power if mentioned specifically and explicitly in the Quran and Sunnah alone. And that is not in the case of the "severely mentally ill", and
therefore unlawful.
Most importantly, a person of no sound mind has no accountability. Therefore is immune from law.
To kill a man in the Name of God, when God says no such thing is a declaration of war against God, His Angels and His Prophets.
Because to ascribe a word, ruling, action or property to God Almighty Himself is associating partners with God, the first unforgivable sin - blasphemy. Further it is ascribing a lie to the Holy Prophets by attributing your action in their Name.
And recite (O Muhammad SAW) to them the story of him to whom We gave Our Ayāt (proofs, evidences, verses, lessons, signs, revelations, etc.), but he threw them away, so Shaitān (Satan) followed him up, and he became of those who went astray.
And had We willed, We would surely have elevated him therewith but he clung to the earth and followed his own vain desire. So his description is the description of a dog: if you drive him away, he lolls his tongue out, or if you leave him alone, he (still) lolls his tongue out.
Such is the description of the people who reject Our Ayāt (proofs, evidences, verses, lessons, signs, revelations, etc.). So relate the stories, perhaps they may reflect.
(Quran - Al-A'raf 7:175-176)
