Sakina Muhammad Jan faces possible imprisonment after forcing her daughter into marriage with a man who later murdered her, marking a landmark case in Australia’s fight against forced marriages

In a landmark case for Australia’s legal system, Sakina Muhammad Jan, 48, of Shepparton, has been found guilty of coercing her 20-year-old daughter, Ruqia Haidari, into marriage with Mohammad Ali Halimi, an older man from Perth. The forced marriage ended in tragedy when Halimi murdered Haidari in January 2020.

The jury’s verdict, delivered in May, marks the first time someone has been convicted under Australia’s forced marriage laws. Jan had previously pleaded not guilty, denying that her daughter had expressed unwillingness to marry Halimi. However, the court heard evidence that Haidari had voiced her objections to the marriage to her mother and others, only to be pressured into the union by Jan.

Prosecutor Darren Renton argued that Jan demonstrated a troubling lack of understanding of the gravity of her actions. He stressed that imprisonment was necessary to serve as a deterrent and to send a clear message that such practices are unacceptable in Australia. Under federal law, forced marriage carries a maximum penalty of seven years in prison. Renton highlighted that Jan’s actions represented a significant breach of trust given her position as Haidari’s sole surviving parent and her knowledge of the daughter’s objections.

Defence attorney Andrew Buckland argued for a community corrections order instead of jail time, citing Jan’s prolonged grief and her major depressive disorder. He suggested that Jan’s own background, including being married off at a young age in Afghanistan, influenced her actions and that a prison sentence would be excessively harsh. Buckland claimed Jan’s remorse and the case’s personal and cultural dimensions warranted a more lenient punishment.

The court had earlier learned that Haidari had been seen as diminished in value after a divorce, which influenced Jan’s decision to arrange her daughter’s second marriage. Halimi had flown from Perth to meet Haidari in June 2019, and they were married shortly after in both a temporary and permanent Islamic ceremony. Following the marriage, Halimi was sentenced to life imprisonment in Western Australia for the murder, with a minimum of 19 years before parole eligibility.

As Jan awaits her sentencing on July 29, the case remains a critical point of discussion regarding forced marriage practices and the legal system’s approach to addressing such crimes.

Analysis

Political: This case highlights the challenges and gaps in current legal frameworks concerning forced marriages. It underscores the need for robust legislation and enforcement to protect vulnerable individuals from such abuses. Politicians and policymakers might see this case as a call to strengthen laws and support systems for victims of forced marriage. The political discourse around human rights and gender equality could gain momentum, urging governments to adopt stricter measures against practices that undermine personal freedom and safety.

Social: The trial brings to light the issue of forced marriage within diverse communities and the societal pressures that contribute to it. It mirrors broader societal debates about cultural practices and the balance between cultural traditions and individual rights. The case may spark discussions on how to better integrate support systems for at-risk individuals and the role of community leaders in combating such practices. It challenges societal norms and encourages a reevaluation of how traditions and family expectations can sometimes lead to severe abuses.

Racial: Jan’s background as a Hazara Afghan immigrant adds a racial dimension to the case. The intersection of cultural traditions with the legal system reveals how different racial and ethnic backgrounds can impact individuals’ experiences with forced marriage. This case could prompt discussions on how racial and cultural contexts influence practices and the need for culturally sensitive approaches within the justice system to address such issues effectively.

Gender: The case underscores the gendered nature of forced marriage, where women and girls are disproportionately affected. Jan’s coercion of her daughter into marriage reflects broader gender inequalities and the ways in which women’s autonomy is often undermined in patriarchal systems. This case serves as a stark reminder of the ongoing struggle for gender equality and the need for legal protections to safeguard women’s rights and personal freedoms.

Economic: Economically, the case highlights the role that financial incentives, such as dowries, can play in forced marriage arrangements. It points to how economic factors can pressure individuals into marriage and influence family decisions. The financial dynamics of forced marriage practices call for economic reforms and support systems that address the underlying economic motivations behind such abuses, ensuring that individuals are not coerced into marriage due to financial pressures or incentives.