Trouble mounts for Nimisha Priya, victim’s kin refuse blood money, demand “qisas”, what is it under Sharia Law?
In the case of Nimisha Priya, the situation is a little more complex because it is a Hindu, and the provisions of blood money are not the same for non -Muslims and Muslims in the Sharia courts. What could be the Kerala nurse in Yemen?
Kerala Nurse Nimisha Priya was sentenced to death in Yemen. (File picture)
Although Kerala Nurse Nimisha Priya’s execution has been postponed, it is still not safe because of the Grand Mufti of India. The probability of execution cannot be ignored yet. Problem assemblies for him. Media reports show that former business partner Talal Abdo Mahdi’s family has not yet accepted the offer of blood money. They still demand that the “QISAS” provision be applied strictly, as stated in Islamic law. If the victim’s family does not accept blood money, the Kerala nurse can be executed in Yemen.
Talal Abdo Mahdi’s “QISAS” within the scope of justice demand
Speaking with BBC Arabic, Talal Abdo Mahdi’s brother Abdel Fateh Mahdi clearly clarified the position of the family. He rejected the claims of abuse, exploitation and passport confiscation, said that such claims were never presented in court. He rejected them as “only rumors”. He also requested justice under “QISAS”.
What is “QISAS” and “DIYAT”?
Islamic laws have the provisions of “QISAS” and “Diyat”. The word “QISAS” is derived from the root verb Qassa, ie “follows”. It means retaliation. According to Tahir Wasti’s book “Islamic Criminal Law in Pakistan: Sharia in practice”, the Arabs would punish a killer with death. The retaliation did not have limits due to the power or weakness of their tribes.
Why blood money?
However, as an alternative to “QISAS”, it is “Diyat”, which means compensation or blood money. In Islamic law, “Diyat” is the financial compensation paid to the victims or their families in case of murder, physical damage or material damage. It aims to promote forgiveness and compromise while providing repairing justice. The amount of money is mutually determined by negotiation between the families of the victim and the criminal. Some countries have created a minimum amount. However, the state and the community have some additional penalties as well as blood money.
Secondly, blood money can only be given in cases of unintentional murder, guilty murder, or when the victim’s family chose to give up the QISAs or retaliation.
Nimisha Priya is a little more complex because it is Hindu, and Dıyat is not the same for non -Muslims and Muslims in the Sharia courts. In case of unintentional crimes, Muslims and non -Muslims are treated differently.
Kerala Nurse Nimisha Priya will be executed in Yemen on July 16th. Since 2017, he has been in a prison in the Middle East to kill a native. Nimisha Priya is accused of killing a business partner Talal Abdo Mahdi, whom she has entered into a business arrangement to open a clinic in Sanaa, Sanaa. Mahdi was allegedly usurping the clinic, attacked Nimisha, beating his newspapers and showing him as his wife. He tried to sedate Nimisha Mahdi to regain his documents and escape his torture, but he died of an overdose.
