An imam in England has received a suspended sentence for officiating an illegal marriage between two 16-year-olds, marking a significant legal precedent. Ashraf Osmani appeared in Northampton Crown Court on January 19, 2024, where he pleaded guilty to two counts of causing a child to enter into a marriage, following a change in legislation that raised the minimum marriage age to 18. This law had been enacted just nine months prior to the ceremony, which took place in November 2023.
Osmani, who serves at the Central Mosque in Northampton, agreed to conduct the wedding after the couple was turned away from another mosque. According to prosecutor Jennifer Newcomb, Osmani performed the ceremony a day after meeting the bride, having verified their ages through their passports.
During the proceedings, the judge acknowledged that the young couple approached Osmani voluntarily and were not subjected to coercion. Defence barrister James Gray described Osmani, aged 52, as a respected figure who had spent two decades conducting marriage ceremonies with a clean record. Gray maintained that Osmani did not willfully defy the law, arguing that he was unaware of the legal change.
“The principal purpose in asking for the passports was so he could check the dates of birth,” Gray stated. “He wanted to satisfy himself that they were of an age that he believed they could be married.” He emphasized that Osmani had filled out the necessary paperwork correctly and acted under a misunderstanding of the law.
In his sentencing, High Court Judge Mr Justice Choudhury described Osmani’s conduct as negligent. “You ought to have known the law had changed,” he stated, imposing a 15-week jail term that was suspended for one year. The judge expressed regret that the case had come to this, reminding Osmani that he must avoid any trouble during the suspension period.
The case represents a noteworthy application of the law following the increase of the minimum marriage age in England and Wales, while the threshold remains at 16 in Scotland. The two charges against Osmani were pursued after careful consideration of the public interest, according to the Crown Prosecution Service (CPS).
Deputy Chief Crown Prosecutor Samantha Shallow 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 noted that as a prominent community leader, Osmani had a responsibility to be informed about legal requirements, and his failure to comply constituted a criminal act.
This case serves as a crucial reminder of the legal obligations that accompany religious practices and the protection of minors within marriage laws.
