The Fate of Nimisha Priya Hangs Between “Qisas” and “Diyya” Under Islamic Law

New Delhi: The life of Indian nurse Nimisha Priya, currently facing the death penalty in Yemen, is caught between two crucial legal terms under Islamic law: “Qisas” and “Diyya”. The discussions around these terms have become central to her high-profile case.

Nimisha Priya was scheduled to be executed on July 16, but the execution has been temporarily postponed, offering a brief respite. The final decision on her life or death now lies in the interpretation and application of these Islamic legal principles.

Background of the Case: Nimisha Priya, an Indian national working as a nurse in Yemen, was convicted of murdering her former business partner and Yemeni citizen, Dalal Abu Mehdi. According to reports, Nimisha administered a sedative injection to Mehdi, intending to retrieve her passport from his possession. However, an alleged overdose led to his death, after which his body was disposed of.

The focus has now shifted to two terms: Qisas and Diyya.

What is Qisas? Qisas, a concept derived from the Quran, refers to “equal retaliation” or “an eye for an eye.” Under Islamic jurisprudence, it advocates for punishment that is equal to the crime—such as death for murder. Dalal’s brother, Abdul Fattah Mehdi, has publicly demanded Qisas, seeking the death penalty for Nimisha Priya and rejecting any possibility of financial settlement.

What is Diyya? Diyya, popularly referred to as “blood money,” is an alternative avenue under Islamic law wherein the victim’s family may choose to forgive the accused in exchange for monetary compensation. This is generally considered in situations where a killing may have happened unintentionally, and the final decision rests solely with the victim’s family.

However, Dalal Mehdi’s family has categorically refused to accept Diyya, stating that they are not interested in any monetary compensation but instead want the death sentence to be carried out as per Qisas.

Nimisha’s Petition for Mercy: Nimisha Priya’s legal team contends that she was subjected to harassment by her business partner and that she did not intend to kill him. They assert that the tragedy resulted from an overdose of the sedative rather than premeditated murder. Therefore, they argue, the family should consider leniency and accept Diyya, allowing Nimisha a chance at life.

Despite these appeals, the Mehdi family maintains that Nimisha meticulously planned the murder and insists on the application of Qisas, refusing any compromise under Diyya.

Conclusion: The case underscores the stark divisions and emotional intensity that these Islamic legal concepts arouse. As Nimisha Priya’s fate continues to hang in the balance, her ultimate destiny hinges not only on judicial proceedings but also on the wishes of the victim’s family and the discretion within Sharia law.

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