Nimisha Priya's case highlights the complexities of Sharia law, particularly the concept of 'blood money' as an alternative to the death penalty.
Nimisha Priya, a Kerala-origin nurse, is currently on death row in Yemen for a murder conviction. However, her execution has been stayed, with hopes of a pardon resting on the victim's family agreeing to accept "blood money" or compensation instead of seeking the death penalty.
But what exactly is Sharia law, and how does it work?
Sharia Law: An Overview
Sharia law is based on the Quran, the Islamic holy book, and the Hadith, which represents the sayings and actions of Prophet Muhammad. It provides guidelines for Muslims on how to conduct themselves in personal, social, and commercial dealings. Sharia law is interpreted by Islamic jurists through a process called 'fiqh', which allows for adaptability to changing circumstances.
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Blood Money
In Sharia law, the concept of retaliation, or 'qisas', allows the victim's family to demand death as punishment for the culprit. However, Sharia also permits the payment of 'diya', or compensation, to the victim's family. This can be paid in exchange for waiving the right to qisas. The amount of diya varies depending on the country, jurisdiction, and circumstances of the case.
Does Payment of Blood Money Guarantee Freedom?
While paying blood money can spare a culprit from the death penalty, it's unclear whether it amounts to an official pardon. Some experts argue that Islamic jurisprudence hasn't clearly addressed this point. In some cases, culprits have been taken off death row but still served prison time after paying diya. For example, as part of serving sentence of 20 years, Abdul Rahim of Kerala remains in Saudi jail despite receiving a pardon from the victim's family after paying a hefty ransom. He will complete his sentence next year.
Countries Following Sharia Law
Around 50 Muslim-majority countries incorporate elements of Sharia law into their legal systems. However, the degree to which Sharia informs legal principles varies widely. Some countries, like Saudi Arabia and Iran, strictly adhere to classical Sharia principles, while others, like Indonesia and Malaysia, have more hybrid systems.
