NDTV Explains: "Nimisha Priya Must Face 'Qisas'", Says Brother. What Is This Law?

NDTV

7 days ago

New Delhi:
Kerala nurse Nimisha Priya - sentenced to death by Yemen for the murder of Talal Abdo Mehdi - must face ' Qisas ', or 'God's law', and nothing else, his brother has insisted. Ms Priya was to be executed Wednesday but sustained diplomatic pressure brought her a temporary reprieve.
A second execution date has not yet been set. This means the 38-year-old remains on death row for now, relying on the efforts of the Indian government and social activists working to convince Mr Mehdi's family to issue a pardon or, at the very least, agree to commute her death sentence.
The family, though, is opposed to both. Mr Mehdi's brother told British broadcaster the BBC no pardon will be offered to Ms Priya and that she must face 'justice' as written in the Koran.
Abdelfattah Mehdi also hit out at media narratives in India that suggested the family was more interested in the $1 million in 'blood money', or financial compensation, than 'justice'.
READ | 'No Pardon, It's A Crime': Brother Of Yemeni Man Killed By Kerala Nurse
In a Facebook post this week Mr Mehdi acknowledged mediation and reconciliation attempts on Ms Priya's behalf but stressed, "... our demand is clear: Qisas and nothing else, no matter what."
What Is ' Qisas '?
' Qisas ' is a term in Islamic jurisprudence.
It is similar to the biblical concept of 'an eye for an eye', i.e., victims of a crime are entitled to 'reciprocal justice'. The Arabic word ' qisas ' translates as 'retaliation' or 'retribution'.
It finds repeated mention in the Koran, including in Chapter 2, Verse 178, which reads:
"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 what is significant is that ' qisas ' refers to 'retribution' for intentionally committed crimes, suggesting the family believes Nimisha Priya deliberately murdered Talal Mehdi.
Therefore, under Islamic law the family is entitled to seek proportionate recompense.
There are two kinds of ' qisas ' depending on the crime itself.
The first is 'for life', i.e., a life for a life, which is what Mr Mehdi's family has demanded. The second is 'for body parts', i.e., the victim can inflict an injury similar to that inflicted on them.
The latter concept is barbaric by today's moral standards and values, but the former remains an integral part of jurisprudence worldwide. Indeed, the death sentence is valued and defended by many countries, including the United States and India, only neither offers a religious overtone.
It is important to note that ' qisas ' is not the norm, either in Yemen or any other nation governed by Sharia law. Contemporary judiciary sensibilities and oversight can, and do, affect its use.
NDTV Explains | Why Kerala Nurse Nimisha Priya Is To Be Executed In Yemen
But Yemen does have one of the highest per capita execution rates in the world, although that figure is likely inflated due to increased use by Houthi rebels who control parts of the country.
This is not to suggest there is no hope for Ms Priya.
Indeed, that her execution was postponed (and without seeking permission from Mr Mehdi's family, according to his brother's Facebook post) indicates the Yemen government is listening.
Sources have told NDTV India's embassy in Riyadh in neighbouring Saudi Arabia is leading this effort, with help from a private individual, Samuel Jerome, an Indian citizen living in Sanaa.
Mr Jerome spoke to NDTV Wednesday. He said the family had been angered by the media's focus on 'blood money', but indicated he would try to repair broken ties with the brother.
Nimisha Priya Case
Ms Priya travelled from Kerala's Palakkad to Yemen in 2011, hunting for a well-paying job to support her parents. After a few years in a hospital there, she set up her own medical clinic.
Yemen laws require foreign nationals to partner with citizens to set up a business. Mr Mehdi was that business partner for her venture. There are also reports she later married him.
READ | 'Pardon By Yemeni Man's Family Only Real Hope For Nimisha': Activist
Either way, the relationship deteriorated rapidly after she accused him of harassment and stealing from her. Mr Mehdi, she claimed, then hid her passport so she couldn't leave.
In 2017 Ms Priya tried to drug Mr Mehdi so she could recover the passport. Unfortunately he died under medication and the nurse - who tried to hide his body by cutting it up and dumping it in a water tank - was caught trying to flee the country.
She was convicted of murder in March 2018 and sentenced to death two years later.
What Is The Government Doing?
The Indian government continues to do all it can to save Nimisha Priya.
It is, however, running out of options. Attorney General R Venkataramani told the Supreme Court Monday "there is a point till which we can go... we have reached it".
The court, hearing a plea by the 'Save Nimisha Priya International Council', was told the "only way" forward is if Mr Mehdi's family accept financial compensation.