Retribution vs Restoration

Retribution vs Restoration

Syllabus Areas:

GS II - Governance, IR

GS IV - Ethics

Essay

Nimisha Priya, a Malayali nurse, has been in a Yemeni prison since 2017 for the murder of her business associate, Talal Abdo Mahdi.

• In November 2023, Yemen’s Houthi Supreme Political Council upheld her death sentence.
• However, the court allowed the possibility of clemency through blood money (diyah), under Shariah law.
• Public campaigns have emerged in India demanding state support for negotiating her release.

The Legal Framework in Islamic Law

• Qisas (retribution) and Diyah (compensation) are Quranic principles applied in cases of homicide and bodily harm.
• Verse 4:92 distinguishes between intentional murder and accidental killing (qatl khata):
  • For accidental killing, the Quran does not prescribe death, but compensation (diyah).
• Verse 2:178-179 and 5:45 emphasise mercy, forgiveness, and restorative justice, even in intentional murder cases.

Facts of Nimisha Priya’s Case (Legal Implications)

• She allegedly administered a sedative to Mahdi to retrieve her confiscated passport.
• His death was reportedly due to accidental overdose, not premeditated murder.
• If proven, this qualifies as qatl khata (accidental killing) under Quranic law — not punishable by death.
• This strengthens the case for payment of diyah instead of execution.

Quran’s Restorative Approach vs Pre-Islamic Retribution

• Pre-Islamic and early legal systems (e.g., Hittite, Babylonian, and Hebrew laws) promoted vengeance or retaliation.
• Islam reformed these by encouraging:
  • Pardon by the victim’s family,
  • Sincere compensation by the offender,
  • Moral atonement over legal punishment.
• Key Verse: “If anyone remits retaliation by way of charity, it is an act of atonement for him” (5:45).

Shift from Quranic Moral Law to Sectarian Jurisprudence

• After the Prophet’s death, Islamic jurisprudence became rigid, shaped by:
  • Political alliances between rulers and clerics.
  • Emergence of sectarian legal schools (madhhabs) with male-dominated interpretations
• This led to a departure from the Quran’s ethical emphasis on mercy, justice, and reason.
• Islam shifted from being a rational moral order (deen) to a legalistic theology (mazhab).

 Gendered Power and Legal Injustice

• Nimisha’s case reveals how patriarchal control (e.g., confiscation of passport, reported abuse) is often overlooked in Islamic legal settings.
• Women’s intent, coercion, and vulnerability are rarely considered in retributive systems.
• The absence of gender-sensitive interpretation results in disproportionate punishment

Restorative Justice as a Quranic and Ethical Ideal

• The Quran offers a moral framework, not just legal prescriptions:
  • Encourages forgiveness (‘afw), reconciliation, and social healing.
  • 64:14: “Pardon, overlook, and forgive — and God will forgive you.”
• The objective is to prevent further harm, not enact revenge.
• Modern application of Shariah must reflect this ethico-legal balance.

Nimisha Priya’s case is not just a legal issue, but a test of Islamic justice's moral integrity. Quranic law, when understood in its ethical essence, favours mercy over vengeance, especially in cases of accidental harm. Muslim societies must reclaim the restorative spirit of the Quran and re-examine inherited jurisprudence through a rational, just, and compassionate lens.

Mains Questions:

• How do personal laws based on religious scriptures interact with international human rights obligations? Analyse with suitable examples. 250 Words 15 Marks
• Is capital punishment morally justified in cases of accidental harm? Substantiate your views with ethical theories. 150 Words 10 Marks