Trialfree Persons

Three persons can not be trialed or investigated by any person

It is quoted in Hadees Number 2112 of Ibn-e-Maja, Chapter No.665, "Hazrat Aisha Siddiqa Razi Allah Anhatold that Holy Prophet Hazrat Muhammad Peace Be Upon Him said 'Three persons can not be trialed or investigated by any person in the court of law or in the investigating department, one is the sleeping person, second is the minor (under age of thirteen to eighteen) and the third is the person who is under treatment by a psychiatrist.' Hazrat Abu Bakr Siddiq Razi Allah Anho added, 'the ailing, sick or ill person under the treatment of any doctor also can not be trialed or investigated.' "

This Hadees was quoted specially for using in the matters of Talaq (Legal separation between a husband and a wife), but this can be used also in all other cases. In some political cases this Islamic rule was ignored in this "Islamic Republic of Pakistan".

1.
Zulfikar Ali Bhutto was arrested by the army officials in midnight. Benazir Bhutto has mentioned this in her autobiography.

2.
Mian Nawaz Shareef and Shahbaz Sharif were also arrested in night from their residences by the army officials.

3.
Asif Ali Zardari the then husband of the Prime Minister of Pakistan was also being trialed in jail and in the courts of law during his ailment and even when he became the psychiatric patient in jail his trials were kept continued instead of the media reports published and aired in the national and international media.

4.
Talaq or separation also does not happen in the psychiatric condition of any one or both either husband or wife. While in most of the cases trailed in courts the judges do not issue the notice to any one of husband or wife to get his/her fitness certificate from a psychiatrist. The advocates also ignore this important point in the proceedings of the cases and wish to settle the dispute by an agreement between the couples. Therefore in such special cases where the psychiatry is also involved the separation does not happen or enforced without getting the medical fitness certificate from a government psychiatrist or by a medical superintendent of a hospital.