Retributive vs. Restorative Justice: Understanding Shariah Law through the Nimisha Priya Case
UPSC Relevance
Prelims: International Relations (India's relations with West Asia), Indian Polity (Different legal systems), World History (Ancient legal codes).
Mains:
GS Paper 2: Comparison of the Indian constitutional scheme with that of other countries (comparing Indian criminal justice with Shariah-based systems).
GS Paper 4 (Ethics): Ethical issues in international relations; Human Values - lessons from the lives of great leaders, reformers and administrators (teachings on mercy and forgiveness); Conscience; Concepts of justice.
Essay: Topics on Justice, Mercy, Law, and Morality.
Key Highlights from the News
The case of Nimisha Priya, an Indian nurse sentenced to death in Yemen, highlights the legal and ethical complexities in Islamic countries.
According to Shariah law, the family of the deceased has the opportunity to grant forgiveness in exchange for compensation (blood money), known as Diyah.
The article argues that Quranic laws prioritize restorative justice over retributive justice.
The Quran encourages the victim's family to forgive and accept compensation.
According to the Quran, for accidental murder, the only punishment is Diyah, not the death penalty.
If Nimisha Priya's case can be proven to be accidental homicide, the death penalty might be avoided under Quranic law.
However, the author criticizes that the current laws in many Muslim countries are not the original Quranic ethical framework, but rather strict laws formulated by later clerics.
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