Mother Convicted for Arranging Forced Marriage for Daughter

The tragic case of Sakina Muhammad Jan, a mother who became the first person jailed under Australia’s forced marriage laws, highlights the severe consequences of such coercive practices. Jan, in her late 40s, was found guilty of forcing her daughter, Ruqia Haidari, to marry Mohammad Ali Halimi in 2019, in exchange for a small payment. The marriage, which Haidari did not consent to, ended in horror when Halimi murdered her just six weeks later. He is now serving a life sentence for this crime.

Jan, an Afghan Hazara refugee, migrated to regional Victoria in 2013 with her five children, fleeing Taliban persecution. Despite pleading not guilty, she was sentenced to at least a year in jail for the “intolerable pressure” she placed on her daughter. This case marks a significant application of Australia’s forced marriage laws, which were introduced in 2013 and carry a maximum penalty of seven years imprisonment.

Haidari’s tragic story reveals a pattern of coercion and abuse. She had previously been forced into an unofficial religious marriage at the age of 15, a union that lasted two years. She had expressed a desire to delay any further marriage until she was older, wanting to focus on her studies and career. However, her mother disregarded these wishes, prioritizing familial and community pressures over her daughter’s autonomy and well-being.

Judge Fran Dalziel, in her sentencing remarks, underscored the severe impact of Jan’s actions on Haidari. She noted that Haidari felt compelled to comply with her mother’s demands to avoid familial and community backlash, highlighting the emotional and psychological abuse involved in such forced marriages. Despite Jan’s claims of acting in her daughter’s best interests, the judge emphasized that she had abused her power as a mother.

After her sentencing, Jan expressed her refusal to accept the judge’s ruling, a stance that underscores the complex dynamics of belief, culture, and legal accountability in such cases. Her lawyers noted that she suffers enduring grief over her daughter’s death, yet she continues to maintain her innocence.

The broader implications of this case are significant. It sheds light on the prevalence of forced marriages in Australia, which Attorney General Mark Dreyfus described as “the most reported slavery-like offence” in the country. In 2022-23 alone, federal police were alerted to 90 cases. This highlights the ongoing challenge of addressing and preventing forced marriages and protecting the rights and freedoms of individuals, particularly young women, within all communities.

Ultimately, this case serves as a poignant reminder of the importance of upholding individual autonomy and the rule of law. It underscores the necessity of ongoing vigilance and support for victims of coercive practices, ensuring that they have the resources and protections needed to escape abusive situations and reclaim their lives.