 "Now, Nimisha Priya case rests on Qisas: What is this Islamic law?")
She has escaped the noose for now, but Indian nurse Nimisha Priya’s fate still remains in the balance. The Kerala-born nurse, who is facing the death sentence in Yemen, has only one option left in her quest for freedom — clemency from the victim’s family.
However, it seems quite unlikely that she will be granted forgiveness from the family. The victim’s brother, Abdelfattah Mahdi, told the BBC on Monday, before the execution was postponed, “Our stance on the attempts at reconciliation is clear; we insist on implementing God’s Law in Qisas [retaliation in kind], nothing else.”
He further stated, “Any dispute, whatever its reasons and however big, can never justify a murder —let alone dismembering, mutilating and hiding the body.”
But what does this mean? More importantly, what does this mean for Nimisha’s future? We examine and get you the answers.
Nimisha Priya’s victim’s brother rules out mercy
Following the stay on Nimisha’s execution , scheduled for July 16, the family of the victim, Talal Abdo Mahdi, has spoken out, indicating that they won’t grant her request of forgiveness.
Following up on their previous stance, the brother, Abdelfattah, wrote in a lengthy Facebook post that the family has rejected all efforts at reconciliation, including offers of diyyah or blood money.
“Now it’s been (execution) postponed and we were not expecting that — unfortunately — especially that those who have stopped the implementation know our absolute refusal to any attempt to reconcile in any form…
“In any case, what is after setting the execution date is more difficult than before. We shall follow execution till execution.
“Delay won’t flex, pressure won’t move us, blood can’t buy… And the truth is not forgotten… Retribution will come no matter how long the road takes, it’s a matter of time, and from God help.”
For those who need a quick recap, Nimisha Priya , a nurse from Kerala’s Palakkad, had gone to Yemen in 2011 in search of a better life. Over there, she joined hands with a Yemeni local, Talal Abdo Mahdi, and opened a clinic. In 2017, fed up with the alleged abuse she was suffering at his hands, she sedated him in an attempt to retrieve her passport. However, her plan went totally awry and he died of an overdose. She subsequently dismembered his body and dumped it in a water tank.
For this, she was found guilty and sentenced to death, which was later upheld by the Yemeni Supreme Court. Later, the president of Yemen also approved her sentencing, setting her up for execution.
A day before her scheduled execution, the 38-year-old nurse, however, received a reprieve as a result of hectic negotiations and even the intervention of India’s ‘Grand Mufti’ from Kerala.
Understanding Qisas in Islamic Law
But what does it mean when the victim’s family insists on implementing God’s Law in Qisas? What exactly are Qisas?
The principle of Qisa is derived from the primary source of Islamic law: the Quran. The Quran uses the term ‘qisas’ in the sense of ‘equality’.
Islamic scholars explain that Qisas refers to the concept of retaliation. It permits a victim’s family the right to choose retributive justice, most commonly the death penalty in murder cases. For instance, it allows for a family to choose the punishment for that person who has wronged them. Quite simply put, it’s the ‘eye for an eye’ concept.
The Quran allows for Qisas in cases of intentional murder: “O you who believe, qisas has been prescribed for you in cases of murder… But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.”
The reasoning for it is human equality. In the past, the blood of some influential tribes and individuals were considered more valuable than that of the poor. Moreover, the blood of women and slaves was also considered less valuable. However, the Quran prohibited this practice and hence made the blood of everyone equally precious: life for life, but allowed an exception — forgiveness for merciful objectives. The Quran warns of painful punishment for those who transgress these rules.
Qisas are recognised and enforced in multiple countries such as Saudi Arabia, Iran, Pakistan, Sudan, Yemen, Afghanistan (under Taliban rule), and parts of Nigeria where Sharia law is practised.
If not retribution, then forgiveness
Islamic scholars note that forgiveness is also a crucial aspect of Qisas. While Qisas allows for retribution, Islamic teachings strongly encourage forgiveness and reconciliation.
In the context of Qisas, forgiveness can be exercised by accepting compensation — known as diyyah, or blood money . If accepted, this payment can lead to a pardon and nullify the death sentence, emphasising reconciliation over retribution.
In Nimisha Priya’s case, Nimisha’s family and friends have offered $1 million (Rs 8.6 crore) as blood money to the Mahdis. However, they have shown no inclination to accept it. And going by the current situation, it seems clear that the Mahdis seek retribution and not reconciliation.
With inputs from agencies
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