What Is Qisas, The Islamic Law That Could Decide Indian Nurse Nimisha Priya's Fate? Explained

News18

6 days ago

Priya's execution, initially scheduled for July 16, was postponed after diplomatic efforts by the Indian government and involvement of prominent religious figures from Kerala
The execution of Nimisha Priya, who is on death row in Yemen, may have been put on hold, but the family of her former business partner and victim Talal Abdo Mahdi seems unrelenting and has sought strict application of God's Law in Qisas in a development that could signal more trouble for the Indian nurse.
Priya's execution, initially scheduled for July 16, was postponed after persistent diplomatic efforts by the Indian government and involvement of prominent religious figures from Kerala, including the Grand Mufti of India. She remains detained in a Houthi-controlled prison in Sana'a, the capital of Yemen, where India does not have official diplomatic ties.
In a Facebook post, the victim's brother Abdelfattah Mahdi said the family had rejected all reconciliation offers, including those of being paid blood money.
'What is happening today, and all the talk of mediation and reconciliation attempts, is neither new nor surprising. Throughout the years of our case, there have been covert efforts and serious attempts at mediation — and that is natural and expected. But the pressures we have faced have not changed us. Our demand is clear: Qisas (retribution), and nothing else, no matter what," he said.
In an interview with BBC Arabic, he also denied claims made by Priya regarding abuse, exploitation, or passport confiscation.
What Is Qisas?
Under Yemen's Islamic legal system, the principle of Qisas allows the victim's family to seek retributive justice—typically the death penalty in cases of murder.
It is rooted in the concept of 'an eye for an eye", promoting a form of justice that mirrors the harm done.
Qisas is legally enforceable in several countries that follow Sharia-based criminal justice systems, either fully or partially. These include: Saudi Arabia, Iran, Pakistan, Sudan, Yemen, Afghanistan (under the Taliban), and some regions in Nigeria (where Sharia is applied). In these countries, Qisas is embedded in the legal code and can be carried out as a form of retributive justice, particularly in murder and grievous bodily harm cases. However, judicial review and government oversight often influence its implementation.
However, under Sharia law in Yemen, the victim's family also has the option to pardon the accused in return for diyah, or blood money—a financial settlement intended to promote reconciliation. If accepted, the payment can result in a pardon and the cancellation of the death sentence.
What Lies Ahead For Nimisha Priya?
Given that Mahdi's family is unwilling to budge from its stand, the enforcement of Qisas means that unless the victim's family chooses to forgive or alters its position, the death sentence legally stands and cannot be overturned.
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First Published:
July 16, 2025, 13:24 IST
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