A mother has become the first person jailed under Australia’s forced marriage laws.
Sakina Muhammad Jan, in her late 40s, was found guilty of coercing her daughter, Ruqia Haidari, into marrying 26-year-old Mohammad Ali Halimi in 2019.
The marriage, which was arranged in exchange for a small payment, ended in tragedy when Halimi murdered Ruqia just six weeks later.
He is now serving a life sentence for the crime.
Jan, who pleaded not guilty, was sentenced to at least a year in jail.
The judge described the “intolerable pressure” she placed on her daughter as a severe abuse of power.
Forced marriage laws, introduced in Australia in 2013, carry a maximum penalty of seven years imprisonment.
While several pending cases, Jan’s sentencing marks the first under these laws.
An Afghan Hazara refugee, Jan fled persecution from the Taliban and migrated to Victoria with her five children in 2013.
Her lawyers argued she suffers enduring grief over her daughter’s death but continues to maintain her innocence.
The trial revealed that Haidari had been previously forced into an unofficial religious marriage at 15, which ended after two years.
She expressed her desire to focus on her education and career, hoping to avoid marriage until she was older.
Judge Fran Dalziel, in her sentencing remarks, acknowledged Haidari’s aspirations. “She wanted to pursue her studies and get a job,” she noted.
Despite potentially believing she was acting in her daughter’s best interests, Jan ignored Haidari’s wishes, abusing her power as a mother.
Mom maintains she is innocent
The judge emphasized that Haidari likely felt immense pressure to comply with the marriage to protect her family’s standing in the community.
Jan was sentenced to three years in jail, with eligibility for release after 12 months to serve the remainder in the community.
Despite this, she refused to accept the judge’s ruling, expressing her defiance before being taken away.
Halimi’s sentencing for Haidari’s murder in 2021 revealed his violent and abusive behaviour, insisting she perform household chores.
The case has highlighted the ongoing issue of forced marriage in Australia.
Attorney General Mark Dreyfus described forced marriage as “the most reported slavery-like offence” in Australia, with 90 cases reported to federal police in 2022-23.
