In a landmark case, Sakina Muhammad Jan has become the first individual to be sentenced under Australia’s forced marriage laws. Jan, in her late 40s, was convicted for coercing her 21-year-old daughter, Ruqia Haidari, into a marriage with Mohammad Ali Halimi, a man who would later murder Haidari.
Jan, originally from Afghanistan and a Hazara refugee who migrated to regional Victoria with her five children in 2013, was found guilty of forcing her daughter into the union in 2019, allegedly in exchange for a small payment. Six weeks after the marriage, Halimi killed his new wife. He is currently serving a life sentence for the murder.
On Monday, Jan was sentenced to at least one year in prison, with the possibility of parole after 12 months. Judge Fran Dalziel described Jan’s actions as placing “intolerable pressure” on her daughter and highlighted the suffering inflicted on Haidari, who had previously been forced into an unofficial marriage at age 15 and had expressed a desire to delay marriage until she was older.
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Jan, who has consistently pleaded not guilty, will be released after serving 12 months to complete the remainder of her sentence in the community. Despite enduring “grief” over her daughter’s death, Jan maintains her innocence, according to her lawyers.
During Halimi’s sentencing for Haidari’s murder in 2021, it was revealed that he had been violent and abusive toward Haidari. He forced her to perform household chores and was noted for his aggressive behavior.
Australia introduced forced marriage laws in 2013, with a maximum penalty of seven years imprisonment. The law aims to combat what is described as “slavery-like offences,” with 90 cases reported to federal police in the 2022-23 period alone. The government has committed to eradicating this practice, and in May, Australia’s parliament voted to establish an Anti-Slavery Commissioner to address exploitation claims.
Attorney General Mark Dreyfus emphasized the severity of forced marriage as a significant issue in Australia, reflecting ongoing efforts to address and prevent such abuses.
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