What Is Qisas, Diyah? Kerala Nurse On Yemen's Death Row Awaits A Life-Or-Death Verdict Under God's Law

India.com

4 days ago

New Delhi: Somewhere in a prison cell at Sanaa in Yemen, a Malayali nurse, Nimisha Priya, waits for an answer that could decide whether she lives or dies. The clock ticks. She is not waiting for a court verdict. That has already been pronounced. She has been convicted of murder and sentenced to death. What she is waiting for now is a decision from a Yemeni family, one that has refused to forgive her.
Their demand is chilling in its finality: Qisas – an eye for an eye or blood for blood. And in Yemen, where Islamic law defines the justice system, the family's decision is all that matters.
The Story Behind the Sentence
Nimisha's life began in Kerala's Palakkad district. A trained nurse, she once dreamed of building a better life for her family. That dream took her to Yemen in 2008, where she initially found work as a nurse in a hospital. But what followed was far from the life she had imagined.
She later entered into a business partnership with a Yemeni man, Talal Abdo Mahdi, to run a clinic. Reports and statements from her family and supporters allege that the man, now dead, exploited and abused her.
They claim he took her passport, harassed her and restricted her movements. Her family and campaigners say Nimisha tried many times to get her passport back and return to India, but was trapped.
The events leading to Talal's death remain contested, but in 2017, she was arrested after his body was found dismembered and hidden in a water tank. Yemeni courts found her guilty of murder. In 2020, she was sentenced to death.
Qisas vs. Diyah
In Yemen, justice in murder cases is not only about courts and judges. It is personal. Deeply personal.
Under Islamic laws, which Yemen follows, two key principles define criminal justice in murder cases:
1. Qisas – retributive justice. If someone kills a person, he/she can be executed unless the family of the victim chooses to forgive.
2. Diyah is compensation, often referred to as 'blood money'. If the family agrees, the killer can be spared in exchange for a financial settlement.
The law gives the victim's family the full right to decide whether to seek execution (Qisas) or accept compensation (Diyah). No government, court or diplomat can override that decision.
And in this case, the victim's family is crystal clear. They want Qisas. No forgiveness. No blood money. Only death.
'No Money Can Bring Back Our Brother'
The family of the victim has made their position known, again and again.
His brother, Abdelfattah Mahdi, posted an emotional and unequivocal message on Facebook. 'Our demand is clear – Qisas, and nothing else,' he wrote, adding, 'No amount of money can bring back our brother. Blood cannot be bought.'
With that, the door slammed shut, for now, on any hope that Nimisha could be saved through Diyah.
Indian humanitarian groups and Nimisha's mother have been trying desperately to convince the family to reconsider. Campaigners have raised money and offered to pay any amount demanded by Mahdi's relatives. They have pleaded on humanitarian grounds, pointing out that Nimisha has a young daughter who would be orphaned by her death.
But none of it has changed the family's mind.
An Execution Delayed, But Not Cancelled
Nimisha's execution was initially scheduled for July 16. But just days before the scheduled hanging, Yemen postponed the sentence. Some reports suggest that Indian diplomatic pressure may have helped secure a delay. Others believe it was on the intervention of a respected cleric, who is engaged in negotiations with all stake holders.
Whatever the reason, the execution has not been cancelled – only delayed. The danger still hangs over her like a guillotine. The only thing that can now save Nimisha from death is if Talal Mahdi's family has a change of heart.
As per Yemeni law, there is no room for negotiation once a family insists on Qisas. If they maintain that demand, Nimisha will be executed. The Yemeni state will be bound by law to carry it out.
India's Legal Lens vs. Yemen's Religious Justice
The contrast between India's legal system and Yemen's is stark.
In India, the state handles murder prosecutions. The government, not the victim's family, decides whether to pursue the death penalty. Even after a conviction, there are appeals, clemency petitions and presidential pardons.
But in Yemen, it is the victim's family who holds the power of life and death.
In 2006, Yemen incorporated Qisas and Diyah into its Penal Code under Articles 224-246. Under these laws, the victim's heirs can demand execution, accept compensation or forgive entirely. Judges cannot interfere if the family insists on Qisas. And once the execution is carried out, the case is considered closed.
That is why even diplomatic intervention has limited impact. Indian authorities can request clemency, but only the family's consent carries weight under Yemeni law.
A Plea for Mercy, A Mother's Hope
Nimisha's mother, family and young daughter continue to wait. Human rights activists have not given up either. They hope that with time, and perhaps some gesture of reconciliation, the Mahdi family may agree to talk.
The Indian government, through its embassy in Djibouti (India does not have an embassy in Yemen due to ongoing civil war), is in touch with local intermediaries.
But time is running out. And Nimisha's life now rests not in the hands of any law, lawyer or judge, but in the heart of a bereaved family.
This is not merely about law or justice or geopolitics. It is about a woman who once held a stethoscope and dreamed of a better life, and now stares at a noose. It is about a family torn apart by a brutal murder, and another family watching their daughter slip closer to death every day. It is about a justice system where the law steps back and lets grief make the final call. And right now, that call is Qisas.