An Imam who admitted to the ‘pressured marriage’ of two underage kids has been given a suspended jail sentence.
Ashraf Osmani, 52, mentioned he was unaware of a change to the legislation when he performed a ‘Nikah ceremony’ for 2 16-year-olds at Northampton’s Central Mosque.
A court docket heard he believed he was serving to the kids, who had been touring mosques in search of to marry, to have sexual relations with out committing the sin of fornication.
However sentencing him to fifteen weeks in custody, suspended for a 12 months, Mr Justice Akhlaq Choudhury described his strategy as ‘negligent’.
‘Folks look to you for steerage and put their belief in you,’ he mentioned.
‘You had been fully in command of the wedding course of on the mosque and ignorance of the legislation isn’t any defence. You must have recognized that the legislation had modified.’
He informed Osmani, who stood within the dock clutching a crimson keffiyeh, ‘I’m sorry it has come to this Mr Osmani. It was a mistake in your half however a severe one.
‘You will need to keep out of hassle for the subsequent 12 months, I am certain you’ll, in any other case you’ll have to serve the 15 weeks imprisonment.’
Ashraf Osmani left court docket along with his head lined in a keffiyeh
A decide had earlier informed Osmani: ‘You had been fully in command of the wedding course of on the mosque and ignorance of the legislation isn’t any defence’
Earlier, prosecutor Jennifer Newcomb informed the sentencing listening to at Northampton Crown Courtroom that the wedding had come to gentle when the bride’s foster mother and father discovered a wedding certificates in her room.
They raised their considerations with the woman’s social employee however when she was spoken to by police insisted that no ceremony had truly taken place.
Six months later, when re-interviewed she mentioned that she had approached one mosque solely to be turned down as a result of her age earlier than asking Osmani who agreed to marry them the next day.
The woman informed the police that Osmani had requested to see their passports they usually stuffed in an utility type.
Although they introduced pals with them, two members of the mosque acted as witnesses, and after the ceremony they celebrated with a meal and images at a restaurant which they placed on social media.
The teen, who can’t be named by order of the court docket, informed police that she had not been coerced and each she and her boyfriend had wished to do it
The boy informed officers that he knew his girlfriend wished to marry and he wished to make her completely satisfied.
In a voluntary interview with the police, Osmani, who had been an Imam since 1996, mentioned the couple had paid a £50 payment to the mosque for the ceremony.
He admitted that the woman had informed him she was in care and that her foster mother and father weren’t completely satisfied.
However Ms Newcomb mentioned, ‘He didn’t take into account them to be her mother and father as Islam acknowledges.
‘He was serving to them to have marital relations that may be OK within the eyes of God so they didn’t fornicate and commit sin.’
However she added, ‘It was incumbent on him to comply with the legislation. He was not concerned in planning however with out him it couldn’t have occurred and he was able of public duty.
‘There’s apparent hurt to the neighborhood and most of the people in undermining the safety of youngsters. Little one marriage is against the law regardless of the circumstances.’
Ms Newcomb mentioned that whereas Osmani, from Northampton, didn’t have a felony report, he had accepted a police warning in 2009 for assault occasioning precise bodily hurt.
She informed the court docket, ‘It might be related to this case in as a lot because the offence occurred on the mosque and once more he mentioned that he didn’t know the legislation had modified in relation to corporal punishment.’
Defending Osmani, James Grey mentioned there had been no intention to defy the legislation.
‘He requested for his or her passports exactly so he might examine their dates of beginning,’ he mentioned.
‘Had he recognized that the legislation had modified, he merely wouldn’t have accomplished it.’
The legislation in England had modified six months earlier that means solely these aged 18 or over might marry.
Beforehand, 16 and 17-year-olds wanted parental consent.
However Mr Grey informed the court docket that had by no means utilized to a ‘Nikah ceremony’ which could possibly be annulled by announcement relatively than contain authorized proceedings.
He went on, ‘The explanation these younger folks wished to get married was that they had been intent on beginning a sexual relationship and wished to maintain it throughout the bounds of their religion.
‘They had been decided to marry and may need ended up going to Scotland the place you possibly can marry at 16 with out parental consent.’
Mr Grey mentioned the 2 younger folks, who had refused to provide formal statements to the police, had suffered no hurt by any means.’
Describing Osmani, he mentioned, ‘He isn’t merely a person of fine character, he has spent his life encouraging others to guide first rate lives.
‘This case has already brought about him nice disgrace and he has needed to step down as a trustee of the mosque.’
Pleading for the matter to be discharged, he mentioned the matter ought to have been handled by means of a warning, including, ‘If his conviction stays he will be unable to hold on doing the great work he has accomplished.’
Mr Justice Choudhury mentioned that simply 134 marriages of 16 and 17 12 months olds had taken place in England and Wales within the 12 months earlier than the legislation was modified.
‘Nonetheless, Parliament thought-about a change within the legislation was essential after taking into consideration the affect early marriages can have on younger folks, particularly women.’
He mentioned that on this case hurt had been assessed on the lowest degree however he sentenced Osmani as, ‘a deterrent to others’.
Osmani pleaded responsible final 12 months to 2 counts of inflicting a toddler to enter into marriage in November 2023.
