The County Court in Melbourne. Photo: William West / AFP
A Victorian mother has cried and protested her innocence as she became the first person in Australia to be jailed for breaking forced marriage laws.
Sakina Muhammad Jan will have to serve a minimum of 12 months jail after being found guilty of pressuring her daughter to marry a man who went on to murder her in 2020.
After the wedding, Ruqia Haidari, 21, moved across the country to live with her new husband in Perth.
Six weeks later, he had slashed her throat with a kitchen knife.
A Western Australian court sentenced Mohammad Ali Halimi to life for the killing.
Jan was supported by about 15 family and Hazara community members in Melbourne's County Court on Monday, some of whom wept as Judge Fran Dalziel sentenced her to three years' jail.
The judge agreed to a recognizance order, allowing Jan to walk free after 12 months if she agreed not to commit further offences.
After the sentence was imposed, Jan sat in the court dock and told her lawyer she refused to accept the judge's decision before eventually being led away.
Extra security and paramedics were then called to the courtroom as another woman collapsed while having a medical episode.
Mother 'abused' her power in pressuring daughter into marriage
Jan's family are Afghan Hazara refugees who fled persecution from the Taliban and settled in the regional Victorian town of Shepparton.
Earlier this year, a jury found Jan guilty of entering her daughter into a forced Islamic "nikah" marriage.
Jan's trial was told a local matchmaker set up Haidari with Mohammad Ali Halimi, but it was her mother who applied pressure to make the union permanent after dowry arrangements were made.
The court heard Haidari did not want to go through with the marriage but was told, "I can make decisions for you … no matter what, you need to listen to me".
Jan's lawyers said she suffered "enduring grief" over the death of her daughter but continued to maintain her innocence.
In sentencing remarks, Judge Dalziel said Jan had "abused" her power as a mother.
"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," Judge Dalziel said.
She said Jan's daughter was given an ultimatum to get married or face being kicked out of home.
Judge Dalziel said she accepted Jan thought she was acting in her daughter's best interests, but "you knew it was wrong to force a person to marry".
"She did not want to get married until she was 27 or 28 years old. She wanted to pursue study and get a job," Judge Dalziel said.
Forced marriage laws were introduced into federal parliament in 2013 and authorities have warned about a rise in cases involving girls and young women.
The judge said she believed it was the first time a conviction had been imposed for the offence, noting there was another ongoing case in NSW.
- ABC