A woman has been sentenced to three years in prison by a Melbourne court after her daughter entered into a marriage that ended with her murder. This makes her the first woman in Australia to be convicted under the country’s forced marriage laws.
Sakina Muhammad Jan was found guilty of coercing her daughter, Ruqia Haidari, into marrying Mohammad Ali Halimi, despite Haidari’s wishes to continue her education and become a nurse, her friend told “60 Minutes Australia.”
The court was told that Halimi paid 15,000 Australian dollars ($9,800) for his wife, and the couple wed in 2019, ABC Australia reported.
In 2021, he was sentenced to life imprisonment after being found guilty of murdering Haidari just six weeks after their wedding.
Members of the public queue outside the Supreme Court of Western Australia on September 24, 2020 in Perth, Australia. Sakina Muhammad Jan has become the first person in Australia to be convicted under forced marriage laws.
Will Russell/Getty Images
Australian police said that Haidari had contacted a specialist human trafficking team in 2019, reporting that her family was threatening her and forcing her into marriage.
“She was offered police intervention, protection, and emergency safety planning. For wellbeing support, including alternative accommodation, she was referred to the Red Cross Support for Trafficked People Program (STPP) on a number of occasions,” according to the police report.
During sentencing, Judge Fran Dalziel said Jan threatened to kick her daughter from their home if she did not comply.
“She did not want to get married until she was 27 or 28 years old. She wanted to pursue study and get a job,” the Judge said.
Judge Fran Dalziel also said Jan had abused her power as a mother. “It must be clear to everyone that forced marriage is against the law. Forcing someone to participate in a marriage against their will leads to serious consequences for the offender,” she said.
Jan’s lawyers maintained her innocence, saying she was suffering “enduring grief” over her daughter’s death.
The family are Afghan Hazara refugees, who fled their homeland to escape the Taliban. Several Hazara community members supported Jan in court, with some visibly distraught; one person collapsed and required emergency services.
Australia enacted laws against forced marriage in 2013, categorizing it as a form of human trafficking.
Australian Federal Police chief Raegan Stewart told ABC Australia they received reports of 90 forced marriage cases in the 2022-2023 fiscal year, though she believes the actual number is likely higher due to victims’ unawareness of the laws or fear of family retribution.
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