Nimisha Priya case: Blood money and the cost of forgiveness
She was sentenced to death after an allegedly shoddy trial conducted in Arabic, without being provided an interpreter or proper legal counsel. Since then, the 38-year-old woman has been languishing in a jail in the Yemeni capital city, which is under the control of the Houthi rebels. She was due to be executed on July 16, but it was postponed amid intense backchannel negotiations to save her from the jaws of death.
The pause in the execution, though a temporary relief, has opened a new window of hope to try and secure pardon from the victim's family, which will pave the way for her release from prison. However, at least one member of Mahdi's family has so far refused to do so. Efforts are on to convince them to accept blood money and pardon Priya.
A lifeline
Under Islamic law, victims of crimes, or their families, can have a say in the punishment of the offender. In case of a murder, the victim's kin can 'forgive' the accused in exchange for monetary compensation, known as diyah or blood money. While grieving families are prone to seek vengeance, accepting blood money is encouraged to bring an amicable closure to the case.
The concept is rooted in the idea that it can end the cycle of violence by promoting reconciliation, justice, and mercy. The aim is to provide financial support to the affected family while encouraging forgiveness and maintaining social peace. It is not about punishment but balancing justice with compassion, emphasising the value of mercy alongside accountability.
While there is no concept of blood money under Indian laws, it is an accepted legal practice in several Islamic countries including Yemen. These countries give an opportunity to the victim's family to pardon the offender in exchange for monetary compensation. If diyah is accepted, then the death sentence will be lifted, though the accused may have to spend time in jail if the government decides to go ahead with other forms of punishment.
The process varies from country to country and can be complicated if the case involves foreigners. Usually, the victim's immediate family members are approached, through mediators — clerics, NGOs, or government departments— to persuade them to issue pardon. It often takes multiple rounds of meetings mediated by multiple stakeholders to secure pardon and arrive at the amount of blood money.
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