Religious leader who allowed two 16-year-olds to marry in Northampton mosque avoids prison after not knowing about law change

Ashraf Osmani, of Abington Avenue, appeared at Northampton Crown Court for sentencing on Monday January 19.

The 52-year-old was charged in August last year with two counts of carrying out conduct for the purpose of causing a child to enter into marriage before their 18th birthday. There was one count for each child - one boy and one girl, referred to as Child One and Child Two in court.

Osmani, who has been the Imam at the mosque for 20 years, pleaded guilty to the two offences at an earlier hearing, following the ceremony - called a Nikah - which took place in November 2023.

The marriage certificate was found by the girl’s family, who then alerted police in December 2023.

Prosecuting Jennifer Newcomb told the court that the 16-year-old girl had tried a different mosque, but was turned away because of her age.

Instead she approached Osmani at the Central Northampton Mosque, where he agreed to marry the couple the following day. The couple paid £50 for a marriage certificate.

Ms Newcomb told the court that the witnesses to the ceremony were two people who happened to be at the mosque already, but the couple did also have friends with them. The couple and their friends celebrated afterwards in a restaurant and posted pictures on social media, where the girl said “I’m a married woman”, according to the prosecution.

Ms Newcomb added: “They were not forced into it, they wanted to do it to show their love for each other.”

“The boyfriend wanted to make her happy. He thought it was not an official marriage.”

Despite this, Mr Newcomb added that Osmani was “ignorant of the law and he was in a position of trust”.

The prosecution added that neither of the young people were willing to provide an official statement.

In defence, James Gray said that Osmani had asked for the teenagers’ passports so he could check their dates of birth.

Mr Gray said: “Mr Osmani wanted to check that they were of the age that he believed that they could be married.

“Had he known the law had changed he would not have done it.”

Although Mr Gray admitted that Osmani should have known the law had changed he said there was “no compulsion whatsoever”, the young people “suffered no harm whatsoever” and pointed out that it was “perfectly lawful” nine months before.

The defence barrister added: “The defendant made one mistake in 20 years of conducting Nikah ceremonies.

“He’s not merely a man of good character, he is a man who has encouraged others to be good, law-abiding citizens.

“He is a teacher of both subject and morals. He is a leader in his community.

“He does not need to be deterred from doing this again. Had he known about the law in 2023 he would not have done it.”

Mr Gray added that Osmani does not need rehabilitation, nor does the public need protection from him. He also added that Osmani feels shame for what he did, has had to step down as a trustee and that this conviction will affect his ability to be an Imam.

In sentencing, High Court Judge The Honourable Sir Justice Akhlaq Choudhury KC said the incident was a mistake, but a “serious one” that “can only be described as negligence”.

Sir Choudhury said: “You are a well-respected member of the community and of the Northamptonshire Council of Mosques.

“You were in a position of responsibility. People come to you for guidance and place trust in you.

“Ignorance of the law is not an excuse for anyone. You ought to have known the law had changed.

“You are a man of good character and I will treat you as such. You have expressed great remorse, which I will accept is genuine.”

Osmani was sentenced to 15 weeks in prison for the charge against Child One and 12 weeks for the charge against Child Two, to run concurrently. This has been suspended for 12 months.

He was also ordered to pay £150 in costs and a victim surcharge.

Samantha Shallow, a Deputy Chief Crown Prosecutor at CPS East Midlands, said: “This prosecution enforces new legislation brought in to protect young people. 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.

“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.

“His failure to do so was a criminal act and this prosecution was required to protect young, vulnerable people.”

Jaswant Narwal, Crown Prosecution Service national lead for ‘honour’-based abuse, added: “This conviction sends a clear message: child marriage is illegal in England and Wales, no matter the circumstances.

“We know many ‘honour’-based offences remain shrouded in secrecy but we are determined to bring them to light and hold offenders to account.

“Anyone thinking of coming forward should know we will support you, the law will protect you and we will pursue justice relentlessly.”