An imam has received a suspended jail sentence after officiating an illegal marriage ceremony for two 16-year-olds in a landmark case. Ashraf Osmani, who serves at the Central Mosque in Northampton, pleaded guilty to two counts of causing a child to enter into a marriage, unaware that the legal age for marriage had been raised to 18. This legislation took effect nine months prior to the Islamic nikah ceremony he conducted in November 2023.
The case was heard at Northampton Crown Court, where prosecutor Jennifer Newcomb detailed how Osmani agreed to marry the teenage couple after they were turned away from another mosque. Osmani met the bride just one day before the ceremony and verified their ages by checking their passports, confirming they were both 16.
During the proceedings, the judge noted that the young couple had not experienced any coercion. They approached Osmani voluntarily, and there was no evidence of any undue influence. In his defense, barrister James Gray characterized the 52-year-old imam as a practitioner who had “made one mistake in 20 years of conducting nikah ceremonies.” Gray argued that Osmani did not willfully defy the law but acted under a misunderstanding regarding the recent legal change.
The judge, Mr Justice Choudhury, expressed that while the act was a serious mistake, it stemmed from negligence rather than malice. He emphasized that Osmani should have known about the change in the law, delivering a suspended sentence of 15 weeks. The judge remarked, “This means you must keep out of trouble, which I am sure you will do, over the next year.”
Osmani left the court visibly distressed, concealing his face with his hands and scarf, and chose not to comment further. This case marks the first prosecution under the new legislation in England and Wales, where the minimum age for marriage is now 18, in contrast to Scotland, where the age remains 16.
The Crown Prosecution Service (CPS) stated that the charges against Osmani were authorized following careful consideration of public interest. Samantha Shallow, a deputy chief crown prosecutor at CPS East Midlands, emphasized that regardless of the couple’s wishes, it is unlawful to conduct a binding marriage ceremony for individuals under 18. She noted, “Ashraf Osmani claimed he was unaware of the change in legislation, but as a significant figure in his faith community, it was his responsibility to be aware of and abide by the law.”
This case highlights the importance of understanding legal obligations, especially for community leaders, and aims to protect vulnerable young individuals from unlawful practices.
