SHEPPARTON/MELBOURNE (Info Desk) –  Sakina Muhammad Jan – an Afghan Hazara refugee – has become the first person to be sentenced and serve a jail term under the forced marriage laws introduced by Australia after being found guilty of coercing her daughter contract marriage, who was later murdered by her husband.

Jan, in her late 40s, was facing the charges of forcing Ruqia Haideri, 21, in 2019 to marry 26-year-old Mohammad Ali Halimi, in exchange for a small payment, says BBC.

Now, the mother will spend at least 12 months in prison after her conviction, as she has been awarded a three-year jail term, but may be released earlier to serve the rest of her sentence in the community.

It was in 2013 when Australia introduced forced marriage laws which carry a maximum penalty of seven-year imprisonment.

Several cases are pending, but Jan is the first person to be sentenced for the offence.

The sentencing coincides with the latest incident of violence against women in Pakistan, as both legs of a woman Sobia Batool Shah were chopped off by her father and uncles in Naushahro Feroze district of Sindh after she filed for divorce to end an abusive marriage.

SOCIAL PRESSURE

Both BBC and the Guardian have shared more tragic accounts of Haideri’s life who experienced the barbaric custom of forced marriage twice in her life.

According to these details, Haidari wanted to marry for love. “Instead, she had an arranged marriage at the age of just 15, with the relationship ending in divorce just after two years. She didn’t want to marry again until she was 27 or 28, as she wanted to pursue studies and get a job.

Her episode shows the same element of social pressure experienced by many girls and women in Pakistan, as the Afghan Hazara community in Shepparton was listed as “bewa” – the stigma attached to divorced women in our society.

In various societies, the term “bewa” traditionally refers to a woman whose husband has died, rendering her a widow. However, cultural nuances and local vernaculars have expanded their usage in some communities to also encompass divorced women. This dual application highlights the evolving nature of language and social constructs surrounding marital status.

While the primary association of “bewa” remains tied to widowhood, recognizing divorced women under this term reflects a broader, albeit complex, socio-cultural understanding of women’s statuses post-marriage.

“In the eyes of Shepparton’s Afghan Hazara community – where Haidari’s family settled after fleeing the Taliban – she was deemed a “bewa”, meaning she had lost her value due to the divorce, a Victorian court heard last week,” says the newspaper.

Shepparton, which has the largest Afghan population in regional Victoria, is a town located around 181 kilometers north-northeast of Melbourne.

The prosecution argued that Jan wanted to restore Haideri’s reputation amid the social pressure and the desire to protect family honor, which led to forcing her daughter into a second marriage with Halimi – a resident of Perth.

HOUSEHOLD CHORES

Haideri’s ordeal turned violent as Halimi murdered her just six weeks after their wedding as he wanted her to focus on “household chores”. He is currently serving a life sentence for the crime.

Ironically, Jan had migrated to Australia in 2013 along with her five children to escape persecution from the Taliban. But the values cherished and social customs practiced by the community meant one of her own took her life.

SLAVERY-LIKE OFFENCE

On Monday, the judge, Fran Dalziel, sentenced Jan – who pleaded not guilty – for “intolerable pressure” she had placed on her daughter.

“While Jan may have believed she was acting in the best interests of her daughter, Dalziel said she had repeatedly ignored Haidari’s wishes and abused her power as a mother,” BBC reported.

“[Haidari] would have known that not taking part in the marriage would raise questions about you and the rest of the family.”

“She was concerned not only about your anger, but your standing in the community.”

Jan was sentenced to three years in jail but may be released after 12 months to serve the rest of her sentence in the community.

In a statement, Attorney General Mark Dreyfus described forced marriage as “the most reported slavery-like offence” in Australia, with 90 cases brought to the attention of federal police in 2022-23 alone.

LIVING IN THE PAST

The abovementioned example of Shah reveals the dark realities of our society, as Haidari isn’t alone in facing the consequences of obsolete social norms.

Forget about social mobility, even access to basic rights like education and economic independence are just a dream for a large majority of women in Pakistan too.

It is the concept of forced marriage which leads to honor killings if both or any one of two target individuals decides to refuse the family orders.

One has to shun repressive traditions to allow our society to move forward with the rest of the world. Saudi Arabia provides us with a roadmap where Crown Prince Mohammed bin Salman is pursuing vigorously his Vision 2030.