The execution of Nimisha Priya – the Indian nurse sentenced to death in Yemen – has been postponed, for now. But the brief reprieve does little to change the fundamental reality of her situation: her fate still hangs in the balance, subject entirely to the will of her victim’s family and the Islamic principle of Qisas, or retributive justice.
The 38-year-old nurse from Kerala, who has been on death row for the murder of a Yemeni national, was scheduled to be executed on July 16. A last-minute stay of execution followed intense diplomatic efforts and even the intervention of India’s Grand Mufti from Kerala. However, the family of the victim – Talal Abdo Mahdi – has made their position painfully clear: they do not want blood money. They want retribution.
“Our stance on the attempts at reconciliation is clear; we insist on implementing God’s Law in Qisas (retaliation in kind), nothing else,” the victim’s brother, Abdelfattah Mahdi, told the BBC.
What is Qisas?
Qisas is a deeply rooted concept in Islamic criminal jurisprudence, derived from the Quran, meaning retaliation in kind, essentially, an eye for an eye. It is one of the options available to the family of a murder victim: they can demand the death of the accused, accept blood money (diyyah), or forgive entirely.
In Nimisha Priya’s case, the family has chosen retributive justice.
“Any dispute, whatever its reasons and however big, can never justify a murder, let alone dismembering, mutilating and hiding the body,” Abdelfattah said in the same BBC interview.
In a later Facebook post, he reiterated their refusal to accept any reconciliation efforts: “Now it’s been (execution) postponed and we were not expecting that, unfortunately, especially that those who have stopped the implementation know our absolute refusal to any attempt to reconcile in any form…
“Delay won’t flex, pressure won’t move us, blood can’t buy… And the truth is not forgotten… Retribution will come no matter how long the road takes, it’s a matter of time, and from God help.”
Under Islamic law, Qisas is not simply a legal process – it is a spiritual one. The Quran prescribes it in murder cases as a form of justice for victims and their families:
“O you who believe, qisas has been prescribed for you in cases of murder… But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a mercy from your Lord.” (Quran 2:178)
While the principle aims to ensure equality — that every life is equally valuable — it also makes room for mercy. Families of victims are encouraged to forgive, and compensation can serve as a means of reconciliation.
Blood money was offered
In accordance with Islamic custom, Nimisha Priya’s family and supporters have offered $1 million (Rs 8.6 crore) as diyah, or blood money. The Mahdi family, however, has rejected it outright.
Countries that follow Islamic criminal law, such as Yemen, Saudi Arabia, Iran, Pakistan, and others, implement Qisas in serious criminal cases like murder. In such legal frameworks, even the court or head of state cannot override the wishes of the victim’s family once Qisas has been invoked.
What lies ahead?
Nimisha’s legal options have been exhausted. The Yemeni Supreme Court upheld her sentence, and the President of Yemen signed off on her execution. Her only remaining chance lies in securing forgiveness from the Mahdi family, which seems unlikely given their repeated insistence on retribution.
Her case has drawn significant public attention in India and abroad, sparking debates on justice, abuse, gender, and the moral and legal intricacies of Qisas. Nimisha had earlier claimed she was driven to act under sustained abuse and manipulation at the hands of Talal, who she said held her passport and physically harmed her.
But the legal and religious framework in Yemen grants primacy to the rights of the victim’s family under Islamic law. Until or unless they change their stance, Nimisha Priya remains under the shadow of death – not by court mandate, but by a divine legal concept deeply rooted in faith and family justice.
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