Nimisha Priya case now rests on 'Qisas'—What's this Islamic law
What's the story
Nimisha Priya, a 38-year-old nurse from Kerala, is currently on death row in Yemen after being convicted of murdering her business partner, Talal Abdo Mehdi. The Yemeni court convicted her of murder in March 2018, and she was sentenced to death two years later for the crime committed in 2017. Her execution was initially scheduled for Wednesday but has been temporarily postponed due to diplomatic efforts by India and activists. A second execution date has yet to be announced.
Legal principle
Mehdi's family is demanding 'Qisas'
In the meantime, the Indian government and social activists continue to attempt to persuade Mehdi's family to grant a pardon or commute her death sentence. Mehdi's brother, Abdelfattah Mehdi, however, has shown no willingness to cave in, telling the BBC that no pardon will be granted to Priya and that she must face 'justice' as prescribed in the Koran. Mehdi's family is demanding "Qisas," a legal principle in Islamic law that demands retribution for intentional crimes.
Date
Similar to biblical concept of an eye for an eye
The term translates to "retaliation" or "retribution" and is similar to the biblical concept of an eye for an eye. The Quran prescribes this in Chapter 2, Verse 178, which states, "Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave...But if one is granted any extenuation by his brother, let the follow-up (for the 'blood money,' or 'diyah') be honorable." Priya's family and friends have offered $1 million in blood money to the Mahdis.
Types
2 types of qisas
However, they have refused it, stating that it is a matter of "honor." There are two types of 'qisas.' The first is "for life," which means "a life for a life." The second is 'for body parts,' which means the victim can cause an injury comparable to the one inflicted on them. At the same time, it is important to note that 'qisas' is not the norm, either in Yemen or any other nation under Sharia law.
Family stance
'Qisas and nothing else,' says Mehdi's brother
In Priya's case, Mehdi's family is demanding the first qisas. "Qisas and nothing else," Abdelfattah wrote in a Facebook post. He also slammed media narratives in India that suggested the family was more interested in monetary compensation than justice. Priya is currently incarcerated in a Houthi-controlled prison in Sana'a, Yemen's capital, with which India has no official diplomatic ties.
Ongoing negotiations
India's embassy in Riyadh is leading the efforts
NDTV sources have revealed that India's embassy in Riyadh, Saudi Arabia, is spearheading the diplomatic efforts to save Priya. An Indian citizen in Yemen, Samuel Jerome, is also helping with these efforts. Jerome has confirmed that he would try to mend ties with Mehdi's brother after their anger over media coverage of "blood money." The Yemeni government has so far postponed Priya's execution without seeking permission from Mehdi's family.