A Northampton imam has been given a suspended prison sentence after conducting an Islamic marriage ceremony involving two 16-year-olds, because he was unaware about a change in the law that raised the minimum age of marriage to 18.
Ashraf Osmani, 52, the imam of Northampton’s Central Mosque, was sentenced at Northampton Crown Court yesterday by Mr Justice Choudhury after pleading guilty to two charges of carrying out conduct for the purpose of causing a child under 18 to enter into a marriage.
The offences were committed in November 2023, less than a year after the law was changed.
While British law now states the minimum age of marriage to be 18, Islamic law (which has no legal status in the UK) does not define a fixed age but requires puberty, maturity, free choice and absence of harm.
The court heard that Mr Osmani had served as imam of the Central Mosque for more than 25 years and was widely respected within the local Muslim community. One of his responsibilities was to conduct Islamic marriage ceremonies, known as Nikahs, which, while not legally binding in England and Wales, are regarded as valid and binding within the Muslim community.
Until February 2023, it was lawful for 16- and 17-year-olds to marry with parental or judicial consent. However, the Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on 27 February 2023, raising the minimum age of marriage to 18 in all circumstances.
The legislation also created a new criminal offence of carrying out conduct intended to cause a child to enter into any form of marriage, including religious ceremonies.
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Girl wanted to get married to comply with her faith
The case centred on a 16-year-old girl who was living in foster care at the time. She had recently converted to Islam and wanted to marry a 16-year-old boy given that sex outside marriage is forbidden under her faith.
The court was told that she initially approached another mosque in Northampton, which refused to conduct the marriage because both parties were underage. She then contacted the Central Mosque, where she spoke directly to Mr Osmani.
Despite checking the couple’s passports and being aware that the girl was in foster care and unaccompanied by parents or guardians, Mr Osmani agreed to carry out the ceremony without making further inquiries. He conducted the Nikah on November 25, 2023, with two unrelated individuals acting as witnesses. A marriage certificate was signed.
This was the first and only time the Central Mosque had conducted a marriage involving 16-year-olds. The girl later stated that she had not been forced or coerced into the marriage and described it as a voluntary decision. Her partner said he agreed to the ceremony to make her happy and understood it was not legally valid.
The matter came to light when the girl’s foster parents discovered the marriage certificate in her room and reported it to the police. During a police interview, Mr Osmani accepted responsibility and said he had been unaware that the law had changed.
Osmani did not ‘deliberately flout law’
In sentencing, Mr Justice Choudhury said the offence was serious but fell far short of forced marriage cases involving violence, threats or coercion. He accepted that Mr Osmani did not deliberately flout the law and believed he was acting lawfully. However, the judge said ignorance of the law was not an excuse, particularly given Mr Osmani’s position of responsibility.
“You were entirely in charge of the process,” the judge said. “Given your role, you ought to have known that the law had changed. Your conduct can only be described as negligent.”
The judge also expressed concern that Mr Osmani was unaware that parental consent had been required under the previous law, describing this as a failure to take basic steps expected of someone in his role.
While no immediate physical or mental harm was caused, the court noted that child marriage carries well-documented risks, including harm to development, education and long-term wellbeing. The judge said the law was designed to prevent such risks, even where children appeared to act voluntarily.
Taking into account Mr Osmani’s lack of previous convictions, his good character, genuine remorse, and swift action to update mosque procedures, the court reduced the sentence. Mr Osmani had amended the mosque’s Nikah checklist shortly after the incident to ensure all participants must be aged 18 or over.
Mr Justice Choudhury imposed an overall sentence of 15 weeks’ imprisonment, suspended for 12 months. He said the seriousness of the offence ruled out a fine or community order but that immediate custody would be disproportionate, given the low risk of reoffending and the impact on Mr Osmani’s family.
“If you commit any offence in the next 12 months,” the judge warned, “you are likely to be brought back to court and this sentence may be activated.”
Mr Osmani was also ordered to pay a victim surcharge and £150 in prosecution costs.
