KOCHI: On July 14, the Centre told the Supreme Court that reaching a blood money settlement is the only option left for saving Nimisha Priya, an Indian citizen on death row in. The woman, a trained nurse from Kerala who opened her own clinic in Sanaa in partnership with a Yemeni citizen, Talal Abdo Mahdi, was convicted of murdering her business partner in 2017.
She was sentenced to death after an allegedly shoddy trial conducted in Arabic, without being provided an interpreter or proper legal counsel. Since then, the 38-year-old woman has been languishing in a jail in the Yemeni capital city, which is under the control of the Houthi rebels. She was due to be executed on July 16, but it was postponed amid intense backchannel negotiations to save her from the jaws of death.
The pause in the execution, though a temporary relief, has opened a new window of hope to try and secure pardon from the victim’s family, which will pave the way for her release from prison. However, at least one member of Mahdi’s family has so far refused to do so. Efforts are on to convince them to accept blood money and pardon Priya.
A lifeline
Under Islamic law, victims of crimes, or their families, can have a say in the punishment of the offender. In case of a murder, the victim’s kin can ‘forgive’ the accused in exchange for monetary compensation, known as diyah or blood money. While grieving families are prone to seek vengeance, accepting blood money is encouraged to bring an amicable closure to the case.
The concept is rooted in the idea that it can end the cycle of violence by promoting reconciliation, justice, and mercy. The aim is to provide financial support to the affected family while encouraging forgiveness and maintaining social peace. It is not about punishment but balancing justice with compassion, emphasising the value of mercy alongside accountability.
While there is no concept of blood money under Indian laws, it is an accepted legal practice in several Islamic countries including Yemen. These countries give an opportunity to the victim’s family to pardon the offender in exchange for monetary compensation. If diyah is accepted, then the death sentence will be lifted, though the accused may have to spend time in jail if the government decides to go ahead with other forms of punishment.
The process varies from country to country and can be complicated if the case involves foreigners. Usually, the victim’s immediate family members are approached, through mediators — clerics, NGOs, or government departments— to persuade them to issue pardon. It often takes multiple rounds of meetings mediated by multiple stakeholders to secure pardon and arrive at the amount of blood money.
Historical roots
The practice of blood money has deep historical roots, going back to Arab tribal traditions. Those days, the natural retaliation for murder was killing the murderer. But it was not limited to one person, as the entire family and even the whole tribe of the accused were targeted in the name of justice. This led to a long-lasting feud triggering counter-attacks and an endless cycle of violence. The concept of blood money was first introduced as a solution to end this mindless saga of killings. The idea took off and was refined over the years to deploy it as a legal remedy.
Though the application differs from country to country, generally blood money is the standard remedy for unintentional killings, such as road accidents resulting in death. For bodily harm, the compensation is calculated on the basis of the severity of the injury. The victim’s family or heirs hold the power to forgive, demand payment, or seek full punishment. Shariat courts oversee this to ensure fairness, but can’t override the family’s choice.
Today, diyah is legally recognised in several Muslim-majority countries, each adapting it to their systems. In Saudi Arabia, it’s handled by Sharia courts for both intentional and unintentional deaths, with amounts like 400,000 Saudi riyals for a Muslim male, and less for non-Muslims and women. Iran applies it to homicides and accidents, historically setting women’s diyah at half of men’s, but 2019 reforms pushed toward equality. Pakistan incorporated it via the 1991 Criminal Laws Amendment, equalising it for Muslims and non-Muslims, with courts setting the sums. The United Arab Emirates blends Sharia with its penal code, allowing negotiated settlements. Yemen relies heavily on diyah, where the family’s word is often final for clemency. It’s also practiced in Afghanistan, Sudan, and parts of Nigeria, though implementation varies by local customs and laws.
How much to pay
Generally, there is no fixed amount and the money is negotiated between the parties. In ancient times, the amount used to be the value of 100 camels. Now, the amount is roughly converted to modern currency to arrive at a ballpark figure. However, it can vary depending on factors such as the victim’s religion, gender or status. In some countries, including Saudi Arabia and Pakistan, courts decide the blood money. In 2006, a driver from Kerala named Abdul Rahim was sentenced to death for the accidental death of a Saudi boy. He was pardoned after Rs 34 crore worth of blood money was paid. However, the court sentenced him to 20 years in jail. He is due to be released in 2026.
Legal and ethical grey areas
The practice of diyah also raises some legal and ethical questions. First, it is often viewed as a form of private clemency, where the family of the victim, not the government or court, decides forgiveness. Critics of the practice point to inequalities in the practice as the compensation for resident Muslims is often much higher than non-Muslims, foreigners and women.
Another legitimate concern is the system favours the wealthy, potentially skewing justice. Some argue that families of the victim experience intense psychological trauma as they are forced to decide on the fate of the accused. The larger issue, however, is that it might undermine accountability in serious crimes. Limiting the applicability of blood money to unintentional cases could prevent abuse, aligning with modern human rights standards.
A case in point is the murder of Washington Post journalist Jamal Khashoggi, who was killed in 2018 at the Saudi consulate in Istanbul allegedly by agents of the Saudi government. Khashoggi was a fierce critic of the Saudi government and the royal family.
After a public outcry, the Saudi government denied any role in the murder but arrested over 20 people and conducted an allegedly non-transparent trial. Ultimately, five of the accused were sentenced to death and three others to prison. In 2020, Khashoggi’s children pardoned their father’s killers in exchange for millions of dollars in blood money. The death sentences of the accused were commuted and they were given prison time.
What’s next for Nimisha Priya
In Nimisha Priya’s case, the final word is not out yet. The Indian government is trying to secure her release with the help of Iran and other countries that have relations with the Houthi rebels. According to reports, efforts are on to raise blood money. Several prominent businessmen from Kerala and West Asia have come forward to donate funds. The foundation that helped Rahim has offered the Rs 11 crore of excess money it crowd-funded to save Rahim, to secure Priya’s release.
INDIANS WHO ESCAPED DEATH
Abdul Rahim (Saudi Arabia, 2024)
A taxi driver, he was accused of killing a paralysed Saudi boy during a trip in 2006.The boy had a medical tube for breathing and feeding. Rahim accidentally hit the tube, after which the boy fainted and died. A court found Rahim guilty and awarded him death sentence. Rahim’s family and friends mobilised a campaign to save him and collected funds for the blood money. Rahim escaped death in 2024 after paying around Rs 34 crore as diyah to the boy’s parents. However, the court decided he has to complete 20 years jail term, which will end in December next year
Balwinder Singh (Saudi Arabia, 2023)
A Punjab native, he was sentenced to death for killing a Saudi resident in 2013 during a fight in self-defence. The incident happened when Singh tried to intervene in a brawl between a Saudi national and few Punjabi youth. Singh was attacked with a knife and he hit back with a stick, resulting in the Saudi man’s death. Following blood money settlement, his family raised Rs 2 crore from the public and also from philanthropist SPS Oberoi and handed over to the victim’s family. He was released in 2023.
A S Sankaranarayanan (UAE, 2017)
Spent eight years in UAE prison for the death of a Bangladeshi worker due to electric shock in a washroom at his labour accommodation in 2009. Sankaranarayanan was ordered to pay around Rs 47 lakh as blood money to the family of the Bangladeshi worker, but could not come up with the compensation. Emirates Islamic Bank donated the full amount, securing Sankaranarayanan’s release in 2017
C H Limbadri (Saudi Arabia, 2017)
Hailing from Telangana, Limbadri worked as a gardener in the house of one Shaikh Ghain. In 2007, he found an 82-year-old man attempting theft at his employer’s house. He pushed the man to the ground, resulting in his death. A court awarded him the death penalty. He was eventually released after a local businessman paid Rs 1.8 crore blood money on his behalf. The deal was arranged by BRS leader K Kavitha
Saleem Basha (Saudi Arabia, 2013)
A truck driver from Bengaluru, Basha was convicted for the death of nine persons in a road accident in 2006. He was to pay Rs 1.5 crore in blood money to the relatives of the victims but could not raise it. He eventually escaped the death penalty in 2013 when the late King Abdullah of Saudi Arabia paid the money