Nimisha Priya's case shows formal diplomacy is not enough; we also need faith-based mediation

Indian Express

21-07-2025

Written by Shameer Modongal
On July 16, Indian nurse Nimisha Priya faced the threat of imminent execution in Yemen after being convicted for the murder of her Yemeni business partner, Talal Abdo Mahdi. Though the threat has been averted for now, the execution might happen anytime. Given that India has no formal diplomatic ties with the Houthi-led administration in Yemen – they are in touch with 'friendly governments' — the Centre has informed the Supreme Court that it had made all possible efforts within its diplomatic reach.
This case highlights a crucial limitation of traditional state diplomacy. When governments are unable to negotiate due to political or legal constraints, alternative approaches are required. In Nimisha Priya's case, the intervention of religious leadership — specifically Sheikh Abubakr Ahmad (Kanthapuram A P Aboobacker Musliyar) — opened a new pathway. He initiated talks with the family of the victim through renowned Yemeni cleric Sheikh Umar bin Hafiz. It was critical since, under Islamic law, the family of the deceased holds the power to forgive the offender.
Islamic law (Sharia) provides a unique mechanism for justice that prioritises the role of victims and their families. Specifically, in cases of murder or bodily harm, the system of Qisās (retributive justice) allows the victim's family to demand equal punishment, accept diyah (blood money), or forgive the offender entirely. This legal flexibility allows justice to be administered with a focus on healing and reconciliation.
This contrasts with conventional criminal justice systems rooted in retributive justice. The conventional model views crime as a violation of state law, with the primary questions being: What law was broken? Who committed the crime? What punishment is deserved? Victims typically have no direct role in the legal process.
In contrast, the Islamic system — particularly in Qisās cases — centres on restorative justice. It asks: Who has been hurt? What do they need? Who is responsible for addressing these needs? Victims, offenders, and their communities are recognised as central actors. This system encourages open dialogue, emotional expression, and healing, empowering those most directly affected by crime to participate in its resolution.
Justice (‛adl) is a foundational goal in Islam, repeatedly emphasised in the Qur'an and Sunnah. It emphasises forgiveness, repentance (Tawbah), and moral reform. The Qur'an urges believers to forgive others even in moments of anger, and extols the value of kind speech and forgiveness over charity. Although retribution is a permitted option, forgiveness is regarded as morally superior and divinely rewarded.
In the context of Nimisha Priya's case, the key to securing clemency lies in convincing the family of Mahdi to forgive. However, this is not merely a legal or financial matter. The trauma they experienced, the loss of a loved one, and the anger toward the offender are powerful emotional forces. Political or legal arguments alone are often inadequate to address such profound grief and pain.
This is where religious and spiritual frameworks can offer meaningful support. In the Arab world, Sulha — a traditional, religiously infused form of mediation — has long been used to resolve conflicts, including those involving serious crimes like murder. Rooted in Islamic ethics and community traditions, Sulha emphasises restoring broken relationships, acknowledging harm, repentance by the offender, and forgiveness by the victim's family.
Sulha is both ritualistic and spiritual. It provides a structured process where the offender shows genuine remorse and responsibility, while the victim's family is encouraged to forgive and move toward reconciliation. The process involves respected third parties, often religious scholars or elders, who are seen as morally trustworthy and neutral. Through prayer, religious counsel, and social rituals, Sulha fosters spiritual healing and social reintegration.
In Nimisha Priya's case, Sheikh Abubakr Ahmad reached out to Hafiz for mediation, who sent his students to engage directly with Talal's family, seeking to persuade them of the Islamic virtue and reward of forgiveness. Their effort represents a powerful example of faith-based diplomacy, where religious leaders act as moral intermediaries beyond the reach of formal diplomatic or legal institutions.
Nimisha Priya's fate still lies in the hands of Talal's family. Whether they demand retributive justice or offer forgiveness — either with or without diyah — will determine her ultimate fate. Both paths are permissible under Islamic law. Yet, the success of future negotiations may largely depend on the continued involvement of religious actors and the use of spiritual language that emphasises mercy, healing, and divine reward.
Trusted religious figures, such as Imams or Sufi leaders, serve as mediators, leveraging their moral authority and community respect to foster trust and resolution. In many parts of the Muslim world, especially in contexts of weak or fractured state institutions, religious leaders maintain high moral legitimacy and influence. Their transnational networks can also facilitate people-to-people diplomacy even when state-to-state diplomacy is blocked due to political tensions.
This case illustrates the growing importance of spiritual diplomacy — the use of religious soft power to resolve conflicts, build bridges, and promote justice in emotionally and politically complex situations. The path to justice in Nimisha Priya's case does not run through courts or embassies alone. It runs through the hearts of those affected by the tragedy. Only through healing that reaches both the emotional and spiritual realms can reconciliation be achieved.
The writer is visiting scholar in residence, American University, Washington DC, and the author of Islamic Perspectives of International Conflict Resolution (Routledge)