A Victorian mother Sakina Muhammad Jan has become the first person in Australia to be imprisoned under forced marriage laws.
She was sentenced to three years in jail, with a minimum term of 12 months, for compelling her daughter, Ruqia Haidari, into a marriage that ended tragically in her murder.
In sentencing remarks, Judge Fran Dalziel said:
“It must be made clear to everyone in our country that forced marriage is against the law and forcing someone to take part in a marriage against their will leads to significant consequences for the offender.”
Ruqia, 21, moved to Perth following her coerced marriage to Mohammad Ali Halimi in late 2019. Within six weeks, Halimi brutally killed her by slashing her throat. He has since been sentenced to life imprisonment, eligible for parole after 19 years.
In Melbourne’s County Court, Judge Dalziel stated that Jan “abused” her power as a mother, pushing Ruqia into the marriage despite her objections. The trial revealed that Ruqia wished to pursue education and work, wanting to marry only in her late twenties. However, Jan pressured her into the union, aided by a $14,000 dowry.
Judge Dalziel said:
“She did not want to get married until she was 27 or 28 years old. She wanted to pursue study and get a job.”
It is reported that the court proceedings were emotionally charged, with Jan and her supporters, including members of the Afghan Hazara community, expressing distress over the verdict.
Despite maintaining her innocence and refusing to accept the judge’s decision, Jan eventually agreed to a recognisance order. This will allow her to serve the remainder of her sentence in the community under conditions, should she maintain good behaviour.
The case has highlighted the growing issue of forced marriages in Australia, with Australian Federal Police reporting an increase in such incidents.
Australian Federal Police Commander Raegan Stewart said:
“The number of human trafficking complaints to the AFP is on the rise, with the AFP receiving 340 reports of offences – 90 being forced marriage allegations – across the 2022-23 financial year.”
In response, Attorney-General Mark Dreyfus announced a public consultation process aimed at enhancing civil protections for victims, particularly young women and girls.
Commander Stewart added anyone needing immediate assistance can call 131 AFP (237) or report information regarding human trafficking through an online form.
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