In a landmark case, Sakina Muhammad Jan has become the first person in Australia to be imprisoned under the country’s forced marriage laws. She was convicted of coercing her 21-year-old daughter, Ruqia Haidari, into marrying Mohammad Ali Halimi, a man who tragically ended up murdering her just six weeks later.
Jan, in her late 40s, was found guilty of arranging the marriage in 2019 in exchange for a small payment. Despite pleading not guilty, she was sentenced to a minimum of one year in prison, with the possibility of serving the remainder of her three-year sentence in the community. The judge condemned the "intolerable pressure" Jan had placed on her daughter, highlighting the severe emotional abuse and manipulation Haidari endured.
The Tragic Story Unfolds
The court heard that Haidari had previously been forced into an unofficial religious marriage at the age of 15, which ended after two years. She had expressed a strong desire not to marry again until she was older, hoping instead to focus on her education and career aspirations.
However, Jan ignored her daughter’s wishes, compelling her to marry Halimi. The judge remarked that Haidari likely felt immense pressure to comply, fearing her mother’s anger and the potential damage to their family’s reputation within their community.
A Mother's Grief and Denial
Jan, an Afghan Hazara refugee who fled to Australia in 2013 with her five children, reportedly struggles with ongoing grief over her daughter's death, though she continues to maintain her innocence. After her sentencing, she refused to accept the court's ruling before being taken into custody.
The Wider Implications
This case marks the first conviction under Australia’s forced marriage laws, introduced in 2013, which carry a maximum penalty of seven years imprisonment. Although several cases are still pending, Jan's sentencing sets a precedent in the country's ongoing battle against forced marriages.
Attorney General Mark Dreyfus described forced marriage as "the most reported slavery-like offence" in Australia, with federal police handling 90 cases in 2022-23 alone. The Australian government has pledged to eradicate this practice, which is reportedly rising. In response, the parliament recently voted to establish an Anti-Slavery Commissioner, tasked with addressing exploitation and ensuring that justice is served in such cases.
This tragic story serves as a stark reminder of the hidden realities of forced marriage and the urgent need for continued vigilance and legal action to protect vulnerable individuals from such