New Delhi: The fate of Indian nurse, Nimisha Priya, currently on death row in Yemen, hangs precariously as the family of the deceased Yemeni man, demand Qisas. Qisas is an Islamic principle of retributive justice under Sharia law.
Priya, a Kerala native, was convicted in 2017 for the murder of Talal Abdo Mehdi, her business partner, who allegedly subjected her to torture and abuse. She admitted to sedating him to recover her passport and accidentally causing his death by injecting sedatives. Her death sentence was upheld by a Yemeni court though appeals are ongoing.
Refusal of blood money
The case has gained national and international attention with multiple groups and government officials attempting to mediate a resolution through the payment of Diyah, or “blood money”, a provision allowed under Sharia law. However, the process suffered a setback when Abdelfattah Mehdi, the brother of the deceased, explicitly rejected the offer of Diyah and demanded Qisas instead.
In Sharia, Qisas refers to “equal retaliation”, often interpreted as “an eye for an eye”. In murder cases, it gives the victim’s family the right to demand execution of the accused. Alternatively, they may choose to forgive or accept compensation (Diyah), thereby, sparing the life of the offender. The choice rests entirely with the victim’s kin.
The demand of Qisas complicates diplomatic efforts by India and various campaigns that are seeking clemency worldwide for Priya. Her family, supported by civil rights organisations has raised funds to negotiate a settlement.
What is Qisas?
Qisas, that refers to retribution, for intentionally committed crimes further suggests that the deceased’s family believes Nimisha Priya deliberately murdered Talal Mehdi.
Briefly, there are two concept of Qisas under the Sharia law. The first entails “for life”, that is what the deceased Yemeni man’s family has demanded. The second kind of Qisa is for body parts, the victim can inflict a similar injury as inflicted on them. This concept remains a barbaric form of punishment in today’s society while the former is an integral part of the law worldwide.
Qisas is not the norm in Yemen or countries that are governed by the Sharia law.