What is ‘Blood Money’, how can nurse Nimisha Priya be protected from the death penalty?
Nimisha Priya’s case
According to Yemen jail officials, Kerala nurse Nimisha Priya, convicted of killing a Yemen citizen, is to be hanged in Sana Central Jail on 16 July. Time is decreasing and his family and supporters are trying their last at forgiveness through ‘Blood Money’ (Diya, DIYYA). This is a provision of Islamic Sharia law. Under this, the victim families can forgive criminals in lieu of economic compensation.
The Supreme Court of India i.e. the Supreme Court is going to hear the matter again on July 18, but the central government told the court that it has no diplomatic influence on the Huki officials of Yemen. Blood money is the only way to save his life.
Why was Nimisha Priya sentenced to death in Yemen?
Nimisha Priya, a resident of Kollangode in Palakkad district of Kerala, moved to Yemen in 2008 to work as a nurse. In 2015, he opened a private clinic in Sana in association with Yemen’s citizen Talal Abdo Mahdi, as foreign businesses are required to be registered in the name of Yemen according to local laws.
His family alleges that Mahdi abused him, seized his passport and grabbed the clinic income. In 2017, he allegedly injected Mahdi to Mahdi to get his documents back. This dose proved to be fatal and later Mahdi’s mutilated body was found in a water tank.
Priya was arrested while trying to escape near the Saudi-Yaman border. He was sentenced to death by the Yamani trial court in 2020. The Supreme Judicial Council upheld the sentence in November 2023, but kept the option to compromise blood money under the Sharia Act.
What is blood money under Sharia law?
Blood money or ‘diya’ is an arrangement based on the Islamic Sharia law, which allows criminals to apologize for financial compensation from the victim’s family. This practice is prevalent in many Islamic countries including Yemen.
The Quran (Surah al-Bakra 2: 178, An-Nisa 4:92) provides for this arrangement, under which the victim’s family has the right to either take revenge or accept economic compensation. If this right is accepted, the culprit can be protected from death penalty.
There is no fixed amount of lamps under Sharia law. This depends on the conversation with a fully afflicted family. In this case, Nimisha’s family and supporters have allegedly offered US $ 1 million (about 8.6 crore). However, according to reports, Mahdi’s family has so far refused to accept the proposal.
Why is this case so complex?
Lack of India’s diplomatic relations with Yemen -led officials severely restricts any formal intervention. The Center informed the Supreme Court that there is no diplomatic route to provide relief despite the best efforts through mediators and human means.
Save Nimisha Priya International Action Council, a group of activists, lawyers and elected representatives, is coordinating efforts to save her. Nimisha’s mother, Premkumari, has been in Yemen since April 2024 and has been trying to interact directly with the victim’s family.
Despite raising money and offering lamps, no success has been achieved. Kerala Chief Minister Pinarayi Vijayan has written several times to Prime Minister Narendra Modi demanding intervention, but the Center has clarified its legal and diplomatic boundaries.
Why the date of hanging before India’s hearing?
The death date of July 16 was decided by talks between Yemen’s jail authorities and middlemen, not through any formal diplomatic notification. The steps taken by the government will be reviewed in the hearing in the Supreme Court on 18 July, but Yemen’s judiciary is not obliged to postpone the hanging on the basis of India’s legal calendar. Until suddenly there is no reversal, Priya’s hanging may continue despite the hearing of India.
How did blood money work for Indians in the past?
There are many examples when Indian citizens survived hanging through blood money agreement. However, these cases were related to countries that had formal diplomatic relations with India, which is a significant difference from Yemen’s Hooti-controlled region.
- In 2019, Arjunan Atimuthu of Tamil Nadu postponed the hanging in Kuwait after paying 30 lakhs.
- In the United Arab Emirates (2017), ten Indians were waived after paying 200,000 dirhams.
- In Saudi Arabia (in 2006) an Indian allegedly paid Rs 34 crore to avoid hanging.
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