Nimisha Priya's fate hangs between ‘diyya’ and ‘qisas’: How Islamic law affects Kerala nurse on death row in Yemen
Brother of the man Nimisha Priya is convicted of murdering is angered by reports that his family would settle for blood money; he has insisted on ‘qisas’
Nimisha Priya, the Kerala nurse on death row in Yemen, has temporarily been spared execution for murder, but her fate now rests significantly on one word: ‘qisas’.
The brother of Talal Abdo Mahdi, the man Nimisha Priya is convicted of murdering, is angered by reports that the family would settle for blood money. And he has insisted on ‘qisas’, which means his family wants her killed.
Simply put, qisas, an Arabic word, means ‘accountability’. In Sharia or Islamic jurisprudence, though, it is the term for retribution as justice, the idea of an eye for an eye.
Family not accepting ‘diyya’: Was the murder by mistake?
So far, Nimisha Priya's fate hinged on another Islamic legal concept of ‘diyya’ — also spelt ‘diya’ or diyah' — an alternative concept for the rather simplistic ‘qisas’.
‘Diyya’ means acceptance of compensation, mostly understood as financial, by the victim or their family in case of murder or other major loss. This is what's simply called ‘blood money’.
A key factor, though, is whether the crime has been committed intentionally or due to a mistake. ‘Diyya’ applies to mistakes, and ‘qisas’ is for revenge in case of intentional acts.
{{/usCountry}}A key factor, though, is whether the crime has been committed intentionally or due to a mistake. ‘Diyya’ applies to mistakes, and ‘qisas’ is for revenge in case of intentional acts.
{{/usCountry}}Also read | Victim's family demands ‘God's Law in Qisas’
{{/usCountry}}Also read | Victim's family demands ‘God's Law in Qisas’
{{/usCountry}}Reports have so far suggested that Nimisha Priya had sedated Tala Abdo Mahdi, her business partner in a clinic, in 2017 to retrieve her passport that he'd been withholding. That resulted an overdose and he died.
{{/usCountry}}Reports have so far suggested that Nimisha Priya had sedated Tala Abdo Mahdi, her business partner in a clinic, in 2017 to retrieve her passport that he'd been withholding. That resulted an overdose and he died.
{{/usCountry}}But Talal Abdo Mahdi's brother, Abdelfattah Mahdi, and the family believe she killed Talal with clear intentions, not by mistake, hence they have opposed any pardon to Nimisha Priya and do not want to settle under ‘diyya’.
Brother says 'retribution, nothing else’
{{/usCountry}}But Talal Abdo Mahdi's brother, Abdelfattah Mahdi, and the family believe she killed Talal with clear intentions, not by mistake, hence they have opposed any pardon to Nimisha Priya and do not want to settle under ‘diyya’.
Brother says 'retribution, nothing else’
{{/usCountry}}The family was reportedly not consulted when Priya's execution, originally scheduled for July 16, was postponed by the Houthi administration that governs large parts of Yemen, including the capital Sana'a where Priya remains in jail.
The postponement came after interventions reportedly by the Indian government — which otherwise does not have formal diplomatic relations with the Houthis — and a senior Muslim cleric from Kerala, ‘Grand Mufti of India’ Kanthapuram AP Aboobacker Musliyar.
Also read | Who is ‘Grand Mufti of India' behind halting Indian nurse Nimisha Priya's execution in Yemen?
But a day after the postponement, Abdelfattah Mahdi made a post on Facebook, decrying the efforts. Originally written in Arabic, his post said: “What is achieved and heard today from mediation and attempts for peace is nothing new or surprising. Throughout our years, there have been hidden pursuits and efforts to mediate. This is normal and expected..."
He added, “But the pressure has not changed anything in us. Our demand is retribution, nothing else.”
Also read | Timeline of Nimisha Priya's case so far
Nimisha Priya's mother and a citizens' forum, including NRIs settled in Sana'a, have been mediating for at least five years now. Reports had said the offer had gone up to $1 million, but the murder victim's brother was apparently repelled by all the talk of money-for-murder in the media too.
