Imam bleibt im Gefängnis, nachdem er die Trauung eines minderjährigen Paares durchgeführt hat

An imam who conducted an illegal marriage ceremony involving two 16-year-olds has been spared jail after a court accepted he was ignorant of the law.

Northampton Crown Court heard Ashraf Osmani was unaware that new legislation had come into force nine months before he presided over the Islamic nikah service, increasing the minimum age for getting married in England to 18.

The court was told Osmani agreed to marry the couple, who cannot be named for legal reasons, and charge £50 for a certificate, after they were turned away from another mosque.

Passing sentence on Monday, Mr Justice Choudhury, a High Court judge, told Osmani: “Your approach can only be described as negligent. You ought to have known the law had changed.”

The judge accepted there had been no “violence or coercion” involved in the Islamic marriage and that the 16-year-olds had gone to him “entirely of their own volition”.

Imposing a 15-week jail term, suspended for a year, the judge added: “Whilst this was a mistake, it was a serious one.

“I am sorry it has come to this, Mr Osmani. It [the sentence] means you must keep out of trouble, which I am sure you will do, over the next year.”

Jennifer Newcomb, prosecuting, told the court Osmani agreed to perform the ceremony a day after meeting the would-be bride, having checked the couple’s passports to make sure they were 16.

After the non-legally binding ceremony, the court heard, the couple celebrated with friends.
‘One mistake in 20 years’

Before sentencing, James Gray, the defence barrister, described Osmani as someone who had “made one mistake in 20 years of conducting nikah ceremonies”.

There had been no compulsion of the couple to marry, Mr Gray said, adding: “They were happy to do what they were doing and they were to a degree determined to do it.”

As well as pointing out that marriages involving 16-year-olds remain legal in Scotland, Mr Gray said there had been “no wilful defiance of the law” by Osmani.

The defence barrister told the court: “The principal purpose in asking for the passports was so he could check the dates of birth of the two people.

“He wanted to satisfy himself that they were of an age that he believed they could be married. He asked them to fill in an application form.

“He filled in the register at the mosque with the correct details and so all of those things combine, in our submission, to make it quite clear that he was labouring under a mistake as to the change in the law.

“Had he known of the change in the law, he wouldn’t have done it. He was doing everything he could to stay within the boundaries of the law.

“In 20 years, this is a single isolated incident.”

Osmani left the court without making any comment and covered his face with his hands and a scarf.

If this is a non-legally binding ceremony, how can the imam be prosecuted for violating marriage law?

Should have gone to Scotland. Would have been legal there.