Ala Kachuu - Legality

Legality

Despite its illegality, in many primarily rural areas, bride kidnapping, known as ala kachuu (to take and flee), is an accepted and common way of taking a wife. Studies by researcher Russell Kleinbach have found that approximately half of all Kyrgyz marriages include bride kidnapping; of those kidnappings, two thirds are non-consensual.

The matter is somewhat confused by the local use of the term "bride kidnap" to reflect practices along a continuum, from forcible abduction and rape (and then, almost unavoidably, marriage), to something akin to an elopement arranged between the two young people, to which both sets of parents have to consent after the fact.

Although the practice is illegal in Kyrgyzstan, bride kidnappers are rarely prosecuted. This reluctance to enforce the code is in part caused by the pluralistic legal system in Kyrgyszstan where many villages are de facto ruled by councils of elders and aqsaqal courts following customary law, away from the eyes of the state legal system. Aqsaqal courts, tasked with adjudicating family law, property and torts, often fail to take bride kidnapping seriously. In many cases, aqsaqal members are invited to the kidnapped bride's wedding and encourages the family of the bride to accept the marriage.

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