Kazakhstani parliamentarian Murat Abenov has proposed introducing a specific article in the Criminal Code to criminalize bride theft, suggesting prison terms of up to ten years. While some lawmakers support his initiative, others believe existing laws are sufficient to address such crimes.

Proposal to Address Bride Theft

According to Abenov, three crimes against women have been recorded this year under Article 125 of the Criminal Code, which covers “Kidnapping.” However, Abenov believes the actual number of such cases is significantly higher. For instance, over the past three years, 214 women filed complaints related to bride theft, but only ten cases went to trial.

Abenov has proposed a separate article in the Criminal Code to specifically address bride theft, with penalties designed to reflect the severity of the crime. His proposal includes:

• A minimum sentence of two years in prison or a fine of 2,000 monthly calculation indices (MCI), equivalent to 7.8 million KZT ($15,000), for kidnapping a woman to force her into marriage;
• If the abducted woman is under 18, if force is used, or if the crime involves multiple perpetrators, the penalty would increase to a fine of 5,000 MCI (19.6 million KZT or $37,800) or three to five years in prison; and
• In cases where unintentional harm to the victim’s health occurs during the abduction, the sentence could be up to ten years in prison.

“If a woman is held against her will and subjected to psychological or physical pressure, the law must protect the victim,” Abenov emphasized, confirming that the proposal has already been submitted to a working group for consideration.

Debate Among Lawmakers

This is not the first time the issue of bride theft has been raised in Kazakhstan’s parliament. In December 2023, another Mazhilis deputy, Yedil Zhanbyrshin, introduced a similar initiative, which was supported by Mazhilis Speaker Yerlan Koshanov. However, that proposal was not formalized into legislation.

Some deputies argue that existing laws, such as Article 125, are sufficient. This article provides for imprisonment of four to seven years for kidnapping, regardless of the victim’s identity.

“We already have articles in the Criminal Code addressing illegal detention and kidnapping. I’m not convinced we need to specify that it’s a fiancée. What’s the difference? Whether I kidnap a child, an adult, or a senior citizen, it is already a criminal offense,” said MP Aidos Sarim.

Bride Theft in Central Asia

As The Times of Central Asia previously reported, 18 criminal cases of bride theft were initiated in Kazakhstan in 2023. Six of these cases occurred in the country’s largest city, Almaty, while one was recorded in the capital, Astana.

Circumventing the bride price, alyp qashu – “take and flee” – is a ritual form of bride-snatching endemic throughout much of Central Asia. With the Soviets having destroyed swathes of local identity, debate rages as to the ethnographic roots of the practice, but what is certain is that it was on the increase in the 2010s.

Most prevalent regionally in Kyrgyzstan, where it is known as Ala Kachuu, the practice, which traditionally saw the woman whisked away on horseback, is these days more likely to see her forced into the back of a car by the prospective groom. Future in-laws then try to calm the girl, coaxing her into putting on the jooluk, the white wedding shawl of submission. Whilst the waters are muddy as the appellation covers both abduction and elopement, in 2005 The New York Times estimated that over half of Kyrgyzstan’s married women were snatched from the street by their husbands, hence the local adage “every good marriage begins in tears.”