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Ukuthwala is the South African term for bride kidnapping, the practice of a man abducting a young girl and forcing her into marriage, often without the consent of her parents. [1] These "marriages by capture" occur mainly in rural parts of South Africa, in particular the Eastern Cape and KwaZulu-Natal. [2] The Basotho call it tjhobediso. Among the Xhosa and Zulu people, ukuthwala was once an acceptable way for two young people in love to get married when their families opposed the match (and so actually a form of elopement). [3] Ukuthwala has been abused, however, "to victimize isolated rural women and enrich male relatives." [3]
Bride kidnapping, also known as marriage by abduction or marriage by capture, is not restricted to South Africa. The practice of a man abducting the woman he wishes to marry [4] has existed around the world and throughout prehistory and history. It still occurs in various parts of the world, especially in the Caucasus and Central Asia. [5]
In most nations, bride kidnapping is considered a sex crime because of the implied element of rape, rather than a valid form of marriage. Some types of it may also be seen as falling along the continuum between forced marriage and arranged marriage. The term is sometimes confused with elopements, in which a couple runs away together and seeks the consent of their parents later. In some cases, the woman cooperates with or accedes to the kidnapping, typically in an effort to save face for herself or her parents. In many jurisdictions, this used to be encouraged by so-called marry-your-rapist laws. Even in countries where the practice is against the law, if judicial enforcement is weak, customary law ("traditional practices") may prevail.
Bride kidnapping is often (but not always) a form of child marriage. [6] It may be connected to the practice of bride price, wealth paid by the groom and his family to the bride's parents, and the inability or unwillingness to pay it. [7]
Bride kidnapping is distinguished from raptio in that the former refers to the abduction of one woman by one man (and his friends and relatives), and is still a widespread practice, whereas the latter refers to the large scale abduction of women by groups of men, possibly in a time of war. The classic example from Roman mythology or history was the Rape of the Sabine women. Raptio was assumed to be a historical practice, hence the Latin term, but the 21st century has seen a resurgence of war rape, some of which has elements of bride kidnapping; for example, women and girls abducted by Boko Haram in Nigeria, the Lord Resistance Army in Uganda and ISIS in the Middle East have been taken as wives by their abductors.
In South Africa, the custom originated from the Xhosa people, though the practice has expanded into different ethnic groups. [2] The act of ukuthwala traditionally required the culprit to pay one or more head of cattle to the father or legal guardian of the girl. [8] Unsuspecting girls who had not consented to ukuthwala usually did not object to its purpose. Sometimes the girl genuinely did not wish to be married, although usually girls were conditioned from childhood to look forward to the day, and to believe that marriage and childbearing are the fulfilment of life. [2] A modern interpretation of this practice encourages men to abduct young girls (commonly under 18) for the purpose of marriage. [9]
Many of the abductees are reported to be under-aged girls, including some as young as eight. [10] The practice received negative publicity, with media reporting in 2009 that more than 20 Eastern Cape girls are forced to drop out of school every month because of ukuthwala. [11]
In Lusikisiki in 2009, there were instances of young girls from orphanages, being forced into marriages to older men. [12] There have been instances of young girls being forced into illegal marriages to old widowed men (about 55 to 70 years). [13]
The practice of ukuthwalwa has been apologised as a mock abduction or an irregular proposal intended to achieve a traditional law marriage.(Bennett Customary Law in South Africa -2004) [14] [ failed verification ]
Even though the laws are not stringent enough to curb such a custom, The Parliament of The Republic of South Africa is focusing on preventive measures to empower women to report cases of exploitation and mobilizing community action for such incidents. [15]
Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor that results in sexual activity, forced marriage and sex trafficking, such as the sexual trafficking of children.
Child marriage is a marriage or domestic partnership, formal or informal, between a child and an adult, or between a child and another child.
Elopement is a marriage which is conducted in a sudden and secretive fashion, sometimes involving a hurried flight away from one's place of residence together with one's beloved with the intention of getting married without parental approval. An elopement is contrasted with an abduction, in which either the bride or groom has not consented, or a shotgun wedding in which the parents of one coerce both into marriage.
Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts and rapes the woman he wishes to marry.
Forced marriage is a marriage in which one or more of the parties is married without their consent or against their will. A marriage can also become a forced marriage even if both parties enter with full consent if one or both are later forced to stay in the marriage against their will.
Ala kachuu is a form of bride kidnapping practiced in Kyrgyzstan. The term can apply to a variety of actions, ranging from a consensual elopement to a non-consensual kidnapping, and to what extent it actually happens is controversial. Some sources suggest that as of 2005 at least a third of Kyrgyzstan's brides had been taken against their will.
Lobolo or lobola in Zulu, Xhosa, Swazi, Silozi, Shona and northern and southern Ndebele, sometimes referred to as "bride wealth" or "bride price" is a property in livestock or kind, which a prospective husband, or head of his family, undertakes to give to the head of a prospective wife's family in gratitude of letting the husband marry their daughter and for the brides family for raising her.
The concept of rape, both as an abduction and in the sexual sense, makes its appearance in early religious texts.
Women in Kyrgyzstan traditionally had assigned roles, although only the religious elite sequestered women as was done in other Muslim societies. Rural inhabitants continue the traditional Siberian tribal practice of bride kidnapping. Bride kidnapping, known as ala kachuu, girls as young as 12 years old are kidnapped for forced marriage, by being captured and carried away by groups of men or even relatives who, through violence or deception, take the girl to the abductor's family who forces and coerces the young woman to accept the illegal marriage. In most cases, the young woman is raped immediately in the name of marriage.[8]
It is thought that multiple ethnic groups in South Africa have long-standing beliefs concerning gender roles, and most are based on the premise that women in South Africa are less important, or less deserving of power, than men. Some view African traditional social organizations as male centered and male dominated. One prevailing caricature of Afrikaner religious beliefs includes a strong emphasis on the theoretically biblically based notion that women's contributions to society should normally be approved by, or be on behalf of, men. Claims are even made of modern sexism and Christianity being introduced into South Africa by the ancestors of the Afrikaner diaspora.
Raptio is a Latin term for, among several other meanings for senses of "taking", the large-scale abduction of women: kidnapping for marriage, concubinage or sexual slavery. The equivalent German term is Frauenraub.
The Xhosa people, or Xhosa-speaking people are a Bantu ethnic group native to South Africa. They are the second largest ethnic group in South Africa and are native speakers of the isiXhosa language.
Arranged marriage is a type of marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures, a professional matchmaker may be used to find a spouse for a young person.
The Sicilian term fuitina refers to a practice that used to be common in Sicily and other areas of Southern Italy, whereby a young couple would elope in order to get married against the wishes of their families. The intent is that the prolonged absence of the fugitive couple would let their families presume that sexual intercourse had occurred and thus force them to consent to a so-called "rehabilitating wedding". While elopements of young couples are reported to be widespread in places such as Palermo, most of them only bear a surface relationship with traditional fuitine, as they are not necessarily aimed at a rehabilitating marriage.
Forced pregnancy is the practice of forcing a woman or girl to become pregnant or remain pregnant against her will. This act is often as part of a forced marriage, as part of a programme of breeding slaves, or as part of a programme of genocide. Forced pregnancy is a form of reproductive coercion.
Forced seduction is a theme found frequently in Western literature wherein man-on-woman rape eventually turns into a genuine love affair. A popular example is Luke and Laura from the American soap opera General Hospital.
Child marriage is a marriage or union between a child under the age of 18 to another child or to an adult. Child marriage is common in a multitude of African countries. In South Sudan, child marriage is a growing epidemic. Child marriage in South Sudan is driven by socioeconomic factors such as poverty and gender inequality. Current figures state that South Sudan is one of the leading countries in the world when it comes to child marriage. Child marriage has negative consequences for children, including health problems and lower education rates for South Sudanese girls. Many initiatives have been taken to combat child marriage in South Sudan, but the presence of societal norms and instability continues to drive its presence in the nation.
Child marriage in the Democratic Republic of the Congo is the eighteenth highest in the world. In a child marriage, one or both parties are under the age of eighteen years old. In the Democratic Republic of the Congo (DRC), 37% of girls are married before they turn eighteen, and 10% of girls are married before age fifteen. Though significantly less than the rate of child marriage for girls, 6% of boys in the DRC are married before age eighteen.
In 2017 in Ethiopia, 40% of girls are married off before 18 years old. 14% are married before they turn 15. Ethiopia is the 16th highest nation in the world for child marriage.
UNICEF's Early Marriage: A Harmful Traditional Practice report characterizes child marriage as a harmful institution that often exposes young women in developing nations to damaging domestic, health, and sexual conditions. The report also highlights the practice as a human rights violation. In World Vision's "Before She's Ready: 15 Places Girls Marry by 15", the organization highlights the socioeconomic consequences of child marriage on girls, noting that many girls are forced to stop their schooling as a result of their marriages. With the denial of education, girl brides are often not able to make income as adults or become politically active citizens.