27.05.2025
11:53
1812
Not Culture, But Crime: The Hidden Harms of Bride Kidnapping

Not Culture, But Crime: The Hidden Harms of Bride Kidnapping

In the vast steppes of Central Asia, Kazakhstan is home to a rich tapestry of customs and traditions. Among them is the controversial practice of bride kidnapping, known locally as қыз алып қашу. While some view it as an outdated relic of the past, others still consider it a legitimate expression of love or cultural identity. However, in the modern context, the practice raises serious questions about consent, gender rights, and legal boundaries.

Fatal Crash Amidst Alleged Abduction

A young woman lost her life in a car accident during an alleged bride kidnapping (alyp qashu) in Kazakhstan's Almaty Region, reigniting national debate over the controversial practice.

On May 24, around 6:00 PM, a collision occurred on the 36th kilometer of the BAKAD highway. According to the Almaty Region Police Department, a KIA vehicle sideswiped a Mercedes-Benz, causing the latter to overturn. One passenger of the Mercedes died at the scene, while the driver and two other passengers sustained injuries and were hospitalized. The driver of the KIA was detained, and a criminal investigation is underway.

Social media reports suggest that the incident occurred during a bride kidnapping attempt. However, authorities have not officially confirmed this detail.This event has intensified calls for stringent legal measures against the practice, which, though rooted in tradition, is increasingly viewed as a violation of human rights.

A Tradition Under Scrutiny

Bride kidnapping, or alyp qashu, has historical roots in Kazakh culture, often portrayed in folklore as a romantic gesture. Traditionally, it sometimes involved consensual elopement, especially when families opposed a union or could not afford dowries. However, the modern manifestation frequently involves coercion and violence, stripping women of autonomy and leading to psychological trauma.

A 2018 survey indicated that approximately 1-1.5% of marriages in Kazakhstan resulted from non-consensual abductions, highlighting the persistence of this practice despite legal prohibitions. Meanwhile, a recent social study conducted by the public foundation “Institute for Equal Rights and Equal Opportunities of Kazakhstan” reveals troubling attitudes among many citizens toward the crime of forced abduction.

According to the survey, one in five respondents (20.8%) said they would tolerate the kidnapping of a relative. Even more concerning, 5% of respondents consider bride kidnapping a normal occurrence and believe that the issue can be resolved through compensation for moral and material damages.

When seeking help, just under half of respondents (43.1%) indicated they would turn to the police. Meanwhile, one-quarter of men (26.4%) believe that seeking assistance from influential relatives is the appropriate course of action.

Awareness of the legal framework remains low. Only 8.5% of all respondents reported knowing about the provisions related to bride kidnapping in Kazakhstan’s Criminal Code. Over half of rural residents (58.1%) were unaware of Article 125 of the Criminal Code, which criminalizes kidnapping.

Among respondents over the age of 60, 6.7% stated that they do not consider bride kidnapping a crime.

These findings underscore the urgent need for increased public awareness and education to shift societal perceptions and strengthen legal enforcement against this violation of human rights.

Kazakhstan’s President Kassym-Jomart Tokayev has previously condemned the practice in no uncertain terms. Speaking at the National Kurultai in Atyrau in 2024, he declared:

“Some try to portray bride kidnapping as a national tradition and glorify it. This is an absolute illegality, a remnant of ignorance, and a shameful act that cannot be justified in any way. In a civilized society, a person’s dignity, rights, and freedoms must be the highest values. Therefore, it is not enough to criticize such irrational behaviorit must be legally addressed and fully prevented.”

These strong words are echoed today as citizens and activists demand an end to the practice that has no place in the modern world. Kazakhstan’s Commissioner for Human Rights, Artur Lastayev, has called for stricter legal measures to address the problem of bride kidnapping. He has proposed the inclusion of a new Article 125-1 in the country’s Criminal Code under the title “Abduction of a Person for the Purpose of Marriage.”

According to Lastayev, 214 criminal cases related to bride abduction have been registered in Kazakhstan over the past three years. Alarmingly, about 90 percent of these cases were dismissed after the parties reached a so-called “mutual agreement.” Meanwhile, the toll on women’s safety has remained high: during the same period, 300 women lost their lives due to gender-based violence. Around 2,000 others suffered serious or moderate bodily harm a statistic that reflects a deeper legal and societal issue.

“Currently, the term ‘bride kidnapping’ is not entirely accurate. If both young people consent, it should not be called kidnapping. However, any abduction carried out through force, coercion, or without the victim’s consent must be prosecuted under the law. A man who kidnaps a girl must be held accountable within the legal framework,” says prominent journalist Layla Sultankyzy.

She emphasizes the importance of teaching young people about responsibility and their rights. “We need to educate our sons and daughters, to raise them with knowledge and understanding of their rights. They should be brought up well-educated and informed,” she adds.

Legal Gaps and Proposed Reforms

Under Kazakhstan's Criminal Code, kidnapping is punishable by 7 years of imprisonment. However, if the perpetrator voluntarily releases the victim, they may be exempt from criminal liability, a loophole that has allowed many offenders to evade justice.

Bride kidnapping, despite a persistent presence in Kazakhstan, remains insufficiently addressed in the country’s legal and statistical frameworks. Although the number of victims each year has not significantly decreased, there is currently no specific law that exclusively deals with bride kidnapping cases. This lack of dedicated legislation and official statistics makes it difficult to precisely quantify the scope of the problem.

In Kazakh law, bride kidnapping is broadly classified under the general category of kidnapping. Between 2019 and the present, 214 crimes related to kidnapping have been officially recorded. Under Article 125 of the Criminal Code of the Republic of Kazakhstan, anyone who abducts a woman without her consent with the intention of marriage is subject to criminal liability.

The penalties for this offense are severe: perpetrators can face imprisonment ranging from four to seven years. Moreover, if the abduction is committed by a group or leads to the accidental death of the victim or other serious consequences, the sentence increases to a prison term of seven to twelve years.

This legal framework highlights the seriousness with which the state treats the crime of kidnapping. However, the absence of a specific statute for bride kidnapping means that many cases may be obscured within the broader category of kidnapping offenses, complicating efforts to understand and combat this cultural and social issue effectively.

Vanguard Think Tank

In response to public outcry, lawmakers have proposed amendments to introduce a specific article addressing bride kidnapping, with penalties ranging from three to five years of imprisonment. These reforms aim to close existing legal gaps and provide clearer protections for victims.

Members of Kazakhstan’s Parliament raised concerns about the persistence of bride kidnapping and the lack of effective measures to deter such practices. MP Murat Abenov criticized the insufficient visibility of initiatives that promote respect for the rule of law and women’s rights. Instead, he noted, some pop singers continue to romanticize bride kidnapping on social media, TV, radio, and even live performances.

According to Abenov, current laws are inadequate and too often open to interpretation. He cited the Criminal Code’s Article 125, which criminalizes abduction. However, a loophole exists: if the victim is released within three to four days, the perpetrator may escape prosecution.

“How does that make sense?” Abenov asked. “The girl is coerced, pressured, forced to write a statement of consent, humiliatedand then released after a few days. Her dignity is already destroyed, and no criminal case is opened.”

In three years, only 10 out of 214 registered cases related to bride kidnapping made it to court. The majority were closed on the grounds of “lack of criminal elements.” Abenov warned that these figures likely underrepresent the full scale of the problem, as many victims never report the abuse to the police out of fear or shame.

He also stressed that the current legal framework allows offenders to manipulate the law to avoid responsibility. For instance, in 2023, 13 bride kidnapping cases went to court nationwide, while in just the first eight months of the same year, 18 such incidents were recorded in the Turkistan Region alone.

Abenov urged lawmakers to introduce a separate legal provision specifically addressing bride abduction to close existing loopholes and provide better protection for women.

Societal Impact and the Path Forward

In December last year, President Kassym-Jomart Tokayev met with Erlan Qoshanov, the Speaker of the Mazhilis, Kazakhstan’s lower house of Parliament. During their meeting, Erlan Qoshanov reported on the legislative work carried out by the chamber to support the President’s reform agenda.

Qoshanov also informed the President that, in response to his directive issued at the National Kurultai held in Atyrau, deputies are currently drafting amendments aimed at toughening the penalties for bride kidnapping.

This move underscores the Parliament’s commitment to implementing the President’s instructions through legislative measures to address this persistent social issue.

Deputy of the Mazhilis, Murat Abenov, has expressed his views on the upcoming amendments to the Criminal Code concerning bride kidnapping. According to the deputy, this issue remains widespread in certain regions of Kazakhstan, with many victims unable to obtain justice.

Why are these new provisions being introduced? Over the past three years, police have received 214 complaints related to bride kidnapping or forced marriage. However, only 10 of these cases have proceeded to court, while the remaining 205 were closed without further action, Abenov explained.

In many cases, the testimonies of the abducted girls were ignored. Some victims even jumped out of vehicles to escape and were subjected to violence, yet the investigations were still terminated. "We must put an end to this," Abenov stressed.

The new draft law proposes that if the victim is under 18 years old or if force was used during the abduction, the offender could face imprisonment ranging from five to seven years.

"We plan to adopt these norms by the end of the year. Bride kidnapping is not a tradition; it is a crime that requires clear legal responsibility," the deputy affirmed.

Abenov also noted that previously, bride kidnapping was punishable only by fines, which were rarely enforced. Under the new law, such acts will be classified as serious offenses subject to strict punishment.

Islamic Ruling on Bride Kidnapping in Kazakhstan

The issue of bride kidnapping in Kazakhstancontinues to raise concerns not only in the context of law and human rights but also from an Islamic religious perspective. In a recent fatwa, the Spiritual Administration of Muslims of Kazakhstan (SAMK) clearly outlined the Islamic viewpoint on the matter, distinguishing between consensual marriages and coercive abductions disguised as cultural practice.

According to the Spiritual Administration of Muslims of Kazakhstan, historically, the act of bride kidnapping emerged in some rural communities due to socio-economic challenges. Families that could not afford formal dowry arrangements would, by mutual agreement, allow a couple to elope. However, as times changed, so did the contextand the modern practice has increasingly become associated with coercion, force, and serious violations of individual rights.

SAMK’s fatwa identifies three scenarios associated with bride kidnapping and provides corresponding Islamic rulings. First, forced abduction of a woman against her will. This is strictly prohibited (haram) in Islam. The fatwa emphasizes that marriage is a solemn covenant requiring mutual consent. The Prophet Muhammad (peace be upon him) said: "A woman cannot be married without her consent." Additionally, a woman is considered a trust (amanah) in the care of her family, and violating that trust is both a moral and religious transgression.

The fatwa further cites that such actions undermine the pillars and conditions of a valid Islamic marriage, which include: Mutual consent between the bride and groom (ijab and qabul), Approval from the bride's guardian (wali), Presence of two witnesses, Payment of mahr (marital gift).

Bride kidnapping not only violates these prerequisites but also strips the woman of her dignity and freedom, contradicting the values of justice and protection upheld in Islamic teachings. It is also considered a criminal offense under Kazakhstani law, punishable by imprisonment.

Second, elopement with the woman’s consent but without parental approval. Even if the woman consents, Islamic teachings stress the importance of parental involvement in the marriage process. The Qur’an and Hadith place a high value on earning the parents’ blessings. A marriage that causes conflict with one’s parents or disregards their reasonable objections lacks religious merit. Without the guardian’s (wali’s) consent, the marriage may be deemed invalid in traditional Islamic jurisprudence.

Third, marriage based on mutual agreement due to economic hardship. When families agreedue to financial constraintsto bypass traditional engagement rituals and allow the couple to marry quietly, this may be acceptable under Islamic law. However, the fatwa recommends simplifying the formal engagement process rather than resorting to bride kidnapping, even if consensual. Islam encourages ease and mutual understanding, as expressed in the Qur’an: “Allah intends for you ease and does not intend for you hardship.” (Surah Al-Baqarah, 2:185)

The fatwa concludes with three key judgments:Forcibly abducting a woman for marriage is haram (strictly forbidden) and a criminal offense. Marrying without parental approval, even with the woman’s consent, contradicts Islamic principles. Mutual family agreement due to financial difficulty is permissible but should not be framed as "bride kidnapping."

Cultural Practice or Criminal Act?

Mental health experts in Kazakhstan are raising the alarm over a disturbing practice that continues to persist under the guise of cultural tradition—bride kidnapping. Far from being a harmless custom, psychologists argue that such actions inflict deep psychological trauma on victims and perpetuate a cycle of fear, manipulation, and silence.

According to psychologist Aybek Sydykov, the issue must not be viewed solely from a psychological lens—it has important legal dimensions as well. Sydykov argues that those who abduct women under the guise of cultural customs often do so to excuse behavior rooted in legal ignorance and emotional immaturity.

"First of all, this stems from a lack of legal literacy," he explains. "Secondly, it's a form of infantilism—people avoid responsibility for their actions, blaming fate, the government, or other external factors instead of themselves."

Bride kidnapping, he notes, is rarely random. The perpetrator typically targets someone they believe is likely to yield under pressure. If the woman initially refuses, coercion escalates, often involving relatives or emotional manipulation. In some cases, perpetrators exploit social norms around shame and honor, making it harder for victims to leave.

"This is a classic case of predator and prey," says Sydykov. "The abductor identifies someone who is psychologically vulnerable, someone who is more likely to comply. It's a calculated choice."

Despite living in the 21st century, Sydykov expresses frustration that such criminal acts are often left unpunished due to a lack of enforcement and accountability.

Legal expert Dinara Maratova highlights that bride kidnapping is punishable under Article 125 of Kazakhstan’s Criminal Code, which defines kidnapping as a serious offense. If carried out by a group or through prior collusion, it is punishable by 7 to 12 years of imprisonment and confiscation of property.

“Everyone involved in the kidnapping—whether they physically took part or helped organize it—is held legally accountable,” says Maratova. “To reduce their sentence, participants often downplay the number of people involved.”

The legal framework is clear: bride kidnapping is a crime. Yet the persistence of this practice points to a broader societal issue—where cultural rationalizations and lack of enforcement perpetuate gender-based violence under the pretense of tradition.

The tragic incident in Almaty has galvanized civil society and prompted widespread condemnation of bride kidnapping. Human rights organizations emphasize that cultural traditions should not infringe upon individual freedoms and dignity. This religious guidance reaffirms that forced bride kidnapping is neither an Islamic tradition nor a legitimate cultural practiceit is a crime and a violation of human dignity. As Kazakhstani lawmakers move to strengthen penalties for such actions, religious authorities have made it clear that Islam does not condone any form of coercion in marriage.

By reinforcing this stance through both legal and religious lenses, Kazakhstan is taking important steps toward protecting women’s rights and ensuring that outdated practices do not override justice, consent, and compassioncore principles of both state law and Islamic ethics.

As Kazakhstan grapples with this issue, the proposed legal reforms represent a critical step toward safeguarding women's rights and eradicating harmful practices. The nation's commitment to upholding human rights will be measured by its ability to enforce these laws and shift societal attitudes toward gender equality.