BLOOD MONEY (‘DIYĀ’) UNDER ISLAMIC LAW

CURRENT CONTEXT: Kerala nurse Nimisha Priya, sentenced to death in Yemen, might be spared through diya (blood money) payments to the victim’s family.

 ABOUT BLOOD MONEY (Diya):

• Defined in Islamic Sharia law as financial compensation payable to the victim’s heirs in cases of unintentional homicide or where families opt out of retribution (qisas).
• Intent is compensation, not to commodify life. Even if diya is paid, the state may still impose penalties.
• Practices and amounts can vary significantly across countries (e.g. Saudi Arabia, Iran), influenced by gender, religion, and nationality.

INDIA’S POSITION:

• No formal provision for diya in Indian law.
• However, plea bargaining (Criminal Law Amendment 2005) allows defendants to plead guilty for lesser charges or reduced sentences in exchange for compensation—but only for non-severe offences and with victim consent.