Alex Cracknell
Legal

Victorian mother jailed for forced marriage that ended in daughter's murder

In a landmark case, a Victorian mother, Sakina Muhammad Jan, has become the first person in Australia to be jailed under forced marriage laws.

Jan was sentenced to three years in prison, with a minimum of 12 months to be served, for coercing her daughter, Ruqia Haidari, into marrying a man who later murdered her.

The case unfolded in Melbourne's County Court, where Jan was surrounded by emotional family and community members. Jan, an Afghan Hazara refugee, had arranged for her daughter to marry Mohammad Ali Halimi, a match brokered by a local Islamic community member in Shepparton. Despite Haidari's reluctance, Jan pressured her into a full marriage after initial dowry arrangements of $14,000 had been made.

Haidari then relocated to Perth with her new husband, Halimi. Six weeks later, she was brutally murdered, her throat slashed with a kitchen knife. Halimi was subsequently sentenced to life imprisonment by a Western Australian court.

Judge Fran Dalziel, who presided over Jan's case, noted that Haidari had expressed her desire not to marry, preferring instead to pursue education and work. However, Jan had insisted, telling her daughter (according to Judge Dalziel): “Are you my mother or am I your mother? I can make decisions for you ... Do you think it is up to you? No matter what, you need to listen to me; your mother.”

Jan's lawyers argued that she believed she was acting in her daughter's best interests, reflecting her own experiences of being married at a young age without formal education. Nonetheless, Judge Dalziel condemned Jan's actions, stating that she had "abused" her maternal power and made it clear that forced marriage is illegal and carries significant consequences for perpetrators. “It must be made clear to everyone in our country that forced marriage is against the law,” she said. “You abused your power as her mother to override her desire to not marry Mr Halimi.”

After the sentencing, Jan had an emotional outburst, refusing to accept the judge's decision or sign a recognisance release order, which would have allowed her to serve two years of her sentence in the community under certain good-behaviour conditions. The courtroom scene escalated, requiring additional security and paramedics when another woman collapsed during the proceedings.

This case marks the first known conviction under Australia's forced marriage laws, which were introduced in 2013. Authorities have noted an increase in such cases, particularly involving young women and girls.

Images: Australian Federal Police \ 9News \ ABC News

Tags:
Sakina Muhammad Jan, Ruqia Haidari, Legal, Forced marriage