An imam has received a suspended jail sentence for officiating an illegal marriage between two 16-year-olds in a landmark case in England. Ashraf Osmani, who serves at the Central Mosque in Northampton, pleaded guilty to two counts of causing a child to enter into a marriage. This followed a law change that raised the minimum marriage age to 18, which came into effect nine months prior to the ceremony in November 2023.
The case unfolded at the Northampton Crown Court, where prosecutor Jennifer Newcomb detailed how Osmani agreed to perform the marriage ceremony after the couple was turned away from another mosque. The imam met the bride just a day before the ceremony and checked the couple’s passports to confirm their ages.
In light of the circumstances, the judge acknowledged that the young couple had not been subjected to any form of coercion or violence, and had approached Osmani willingly. Defense barrister James Gray described Osmani as a figure who had conducted nikah ceremonies for two decades without issue, claiming that he made a singular mistake. Gray argued that Osmani did not willfully defy the law and emphasized that the imam believed he was acting within legal boundaries.
Legal Consequences for Ignorance of the Law
Upon sentencing on January 19, 2024, High Court Judge Mr. Justice Choudhury expressed concern over Osmani’s negligence regarding the law change. The judge stated, “Your approach can only be described as negligent. You ought to have known the law had changed.” He imposed a 15-week jail term, suspended for one year, highlighting that while the incident was a mistake, it was nonetheless serious.
The imam left the courtroom covering his face and did not make any further comments to the media. This case marks the first prosecution of its kind following the legal change in England and Wales, where the marriage age remains at 16 in Scotland.
The Crown Prosecution Service (CPS) indicated that the decision to charge Osmani came after careful consideration of the public interest. Samantha Shallow, a deputy chief crown prosecutor at CPS East Midlands, stated, “Although the young people involved requested this ceremony, it is unlawful to conduct any form of binding marriage ceremony on people under the age of 18.” She emphasized that as a prominent figure in his community, it was Osmani’s responsibility to be aware of and comply with the law, asserting that his failure constituted a criminal act designed to protect vulnerable individuals.
As this case illustrates, the legal framework surrounding marriage in England has significant implications for community leaders and the responsibilities they hold in safeguarding the welfare of young people.
