Nimisha Priya's fate hinges on 'Qisas', says victim's family. What is this Islamic law?
&imwidth=600&imheight=450&format=webp&quality=medium "Nimisha Priya's fate hinges on 'Qisas', says victim's family. What is this Islamic law?")
Nimisha Priya Photograph: (File image)
Nimisha went to Yemen in 2008 and worked as a nurse in a Government-run hospital in Sana'a. Eyeing better earning opportunities, she quit her job and started her own clinic
Kerala nurse Nimisha Priya, sentenced to death in Yemen for killing Talal Abdo Mehdi, must undergo 'Qisas', or 'God's law', and nothing more, her brother has averred. Priya was to be executed on Wednesday (July 16) but diplomatic pressure earned her a temporary reprieve. A new date for her execution has not been announced. That leaves the 38-year-old to stay on death row, at least for the time being, depending on the Indian government and social activists' efforts to persuade Mehdi's family to grant a pardon or at least agree to commute her death sentence.
The family, however, is against both. Mehdi's brother told British broadcaster BBC that no pardon will be granted to Priya and that she has to undergo 'justice' as outlined in the Quran. Abdelfattah Mehdi also hit out at Indian media reports that had implied the family was keen on the $1 million in 'blood money', or financial compensation, than 'justice'. On Facebook, Mehdi admitted attempts at mediation and reconciliation made on behalf of Priya but insisted, "Our demand is clear: Qisas and nothing else, no matter what."
What is Qisas?
'Qisas' is a term in Islamic jurisprudence. It is akin to the biblical principle of 'an eye for an eye', i.e., the victims of a crime have a right to 'reciprocal justice'. The Arabic term 'Qisas' means 'retaliation' or 'retribution'. It is mentioned time and again in the Quran, such as in Chapter 2, Verse 178, which says,
"O you who have faith! Retribution is prescribed for you regarding the slain: freeman for freeman, slave for slave, and female for female. But if one is granted any extenuation by his brother, let the follow up (for the 'blood money', or 'diyah') be honourable, and let the payment to him be with kindness. That is a remission from your Lord and a mercy"
But the point is that 'Qisas' means 'retribution' for crimes that have been intentionally committed, and this implies that the family thinks that Nimisha Priya knowingly killed Talal Mehdi. Hence, according to Islamic law, the family has the right to ask for proportionate recompense.
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There exist two types of 'Qisas' based on the crime itself. The first is 'for life', i.e., life for life, which is what is being sought by Mehdi's family. The second is 'for body parts', i.e., the victim can cause an equivalent injury to that caused to them.
The latter idea is barbaric by the contemporary standard of morals and ethics, yet the former is an integral element of jurisprudence everywhere. In fact, the death penalty is cherished and justified by most countries, including America and India, only neither provides a religious connotation. It is important to note that 'Qisas' is not the rule, either in Yemen or any other nation governed by Sharia law. Contemporary judiciary sensibilities and oversight can, and do, affect its use.
