A religious leader in Northampton has avoided immediate imprisonment after admitting to officiating an illegal marriage involving two underage teenagers, despite a nationwide ban on child marriage being in force at the time.
Ashraf Osmani, a 52-year-old imam, pleaded guilty to two criminal charges of causing a child to enter into a marriage. The offences stem from an Islamic Nikah ceremony he conducted for two 16-year-olds at Central Mosque in Northampton in November 2023.
The court heard that the ceremony took place several months after the Marriage and Civil Partnership (Minimum Age) Act 2022 came into full effect in England and Wales, raising the legal age of marriage to 18 without exception.
Law Had Changed Months Earlier
The legislation, which became enforceable in February 2023, removed the long-standing provision that allowed 16- and 17-year-olds to marry with parental consent. Under the new law, arranging or facilitating a marriage involving anyone under 18 is a criminal offence, regardless of religious or cultural context.
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Despite this, Osmani proceeded with the ceremony, later claiming he was unaware that the legal framework had changed.
That explanation was firmly rejected in court.
Judge: “Ignorance of the Law Is No Defence”
Presiding at Northampton Crown Court, Mr Justice Akhlaq Choudhury criticised Osmani’s conduct, stating that his position as a trusted community leader placed a clear responsibility on him to understand and follow the law.
“You were in complete control of the marriage process at the mosque,” the judge said. “Ignorance of the law is no defence, particularly for someone looked to for guidance and authority.”
The judge described Osmani’s actions as negligent and stressed that religious status does not place anyone above legal obligations.
Marriage Discovered by Foster Parents
Prosecutor Jennifer Newcomb told the court that the marriage only came to light when the girl’s foster parents discovered a marriage certificate hidden in her bedroom.
During a voluntary police interview, Osmani admitted that he knew the girl was in foster care and that her carers did not approve of the relationship.
The prosecution stated that Osmani believed he was helping the teenagers avoid religious wrongdoing, viewing the ceremony as a means to legitimise their relationship under Islamic teachings.
However, Newcomb emphasised that personal beliefs cannot override child protection laws.
“Child marriage is illegal in all circumstances,” she said, “and facilitating it undermines safeguards designed to protect vulnerable minors.”
Defence Argues No Harm Caused
Representing Osmani, defence lawyer James Gray argued that neither teenager had suffered harm as a result of the ceremony. He portrayed Osmani as a man of good character who had spent decades encouraging moral behaviour within his community.
Gray urged the court to consider Osmani’s intentions rather than the legal breach itself.
Suspended Prison Sentence Imposed
After considering the case, the judge sentenced Osmani to 15 weeks in prison, suspended for 12 months. The court said the sentence was intended as a warning to others who might believe religious practices exempt them from national law.
“This sentence serves as a deterrent,” the judge concluded, “and reinforces that the protection of children must come before all other considerations.”
Editor’s Note
The case highlights the strict enforcement of child marriage laws in England and Wales and underscores that religious or cultural ceremonies have no legal standing when they violate statutory protections for minors.
