A mother who compelled her daughter to marry her eventual murderer has lost an appeal against her prison sentence. This case highlights the severe implications of forced marriages, which continue to be a violation of human rights.
Sakina Muhammad Jan, 48, contested her three-year jail term in the Victorian Court of Appeal, arguing that she should have been granted mercy and spared from incarceration.
However, the appeal was dismissed on Friday, as the court deemed the sentence appropriate considering the gravity of the crime.
READ MORE: New information sheds light on final moments of Gene Hackman’s wife
Jan was the first individual in Australia to be sentenced for causing someone to enter into a forced marriage since this became an offence in 2013.
In May 2024, she was found guilty of forcing her daughter Ruqia Haidari to marry Mohammad Ali Halimi in August 2019.
Tragically, Halimi murdered his young bride just five months after their wedding and is now serving a life sentence for her murder.
Jan’s barrister, Patrick Tehan KC, argued that the sentence was excessively harsh and that the sentencing judge did not take into account that Ms. Haidari’s death was an extra-curial punishment for his client.
Nonetheless, Justices Karin Emerton and Lesley Taylor ruled that the judge was justified in sentencing Jan to an immediate prison term.
“It must be the expectation generally that anyone who coerces another into marriage against their will will lose their liberty as a result,” the judgment stated.
“The actual sentence imposed was well within the sound exercise of the judge’s sentencing discretion.”
READ MORE: Rise in weapons crime a ‘matter of urgency’, Aussie retailers say
Justices Emerton and Taylor concluded that forced marriage is a violation of human rights and that Jan’s actions represented a serious instance of this crime.
While they acknowledged Jan’s remorse for her daughter’s death, they emphasized that forced marriages inherently pose significant risks, making Haidari’s death “unforeseen but nonetheless far from fanciful.”
The justices denied Jan’s request to appeal her prison sentence.
Justice Christopher Boyce expressed that Jan’s sentence was excessively harsh and disproportionate to her actions. He indicated he would have re-sentenced her to a 12-month good behavior bond; however, his decision was overturned by the majority of Justices Emerton and Taylor.
Readers seeking support can contact Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636.
Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).
DOWNLOAD THE 9NEWS APP: Stay informed with the latest breaking news, sports updates, political insights, and weather forecasts through our news app, with notifications sent directly to your smartphone. Available on the Apple App Store and Google Play.
