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This article examines the philosophical foundation of the tension between two contested legal paradigms, namely the Sociological Jurisprudence and Historical School of Jurisprudence, and how the contestation affects human rights discourse in Indonesia. Sociological jurisprudence perceives law as a tool of social engineering, while the Historical School of Jurisprudence argues that the development of law is a subconscious and organic process. Such contested legal paradigms are relevant to the case of "kawin tangkap" or bride kidnapping in Sumba, East Nusa Tenggara Indonesia. This is certainly problematic from the human rights perspective, as it is contradictory to the protection of women and children. However, like in some other traditions, the practice has been continuously preserved in local communities. The article employs legal anthropology research methods to delve into the symbols and meanings embedded within the customary laws obeyed by local communities. Additionally, this research utilizes legal philosophy methodologies to scrutinize paradigmatic disputes among schools of thought and how these disputes affect the rights of women. The study also investigates variances in perspectives concerning customary law, state law, and human rights, particularly in the context of examining the tradition of captive bride kidnapping. The challenge lies in how human rights can be employed to foster a gradual shift away from deeply ingrained patriarchal cultural norms and practices, with the aim of enhancing the protection of women's and children's rights, all while preserving customary laws and the harmony of local communities. This article endeavors to address this challenge by advocating for effective communication strategies that encourage local communities to embrace human rights principles and abide by the law, driven by rational awareness. The findings from this research conscientiously raise awareness about human rights within local communities through effective legal communication, without disrupting the existing local order. [ABSTRACT FROM AUTHOR]

Kazakh traditional wisdom says “Kaytyp kelgen kyz zhaman” – a girl who returns to her parental home after marriage is a disgrace to the family. According to a women’s rights organization, up to 5,000 bride kidnapping acts occur annually in contemporary Kazakhstan. The authors would like to approach this socio-cultural phenomenon through considering the current situation of women and their rights in Kazakhstan. The article examines how outdated traditions and customs violate women’s’ personal boundaries and rights in Kazakhstan. Its main purpose is to attract the attention of the reader and potential researcher and to familiarize them with the topic (a specific form of violence against women), research methods, and research challenges. Until September 2019, there was no special legislation in Kazakhstan aimed at combating domestic violence. However, with the adoption of the Law “On the Prevention of Domestic Violence and the Protection of Victims of Domestic Violence” in September 2019, Kazakhstan introduced institutional measures to prevent and punish domestic violence. Nevertheless, people continue to follow their traditional customs, rather than live in accordance with new legislation.

Kazakh traditional wisdom says "Kaytyp kelgen kyz zhaman" - a girl who returns to her parental home after marriage is a disgrace to the family. According to a women's rights organization, up to 5,000 bride kidnapping acts occur annually in contemporary Kazakhstan. The authors would like to approach this socio-cultural phenomenon through considering the current situation of women and their rights in Kazakhstan. The article examines how outdated traditions and customs violate women's' personal boundaries and rights in Kazakhstan. Its main purpose is to attract the attention of the reader and potential researcher and to familiarize them with the topic (a specific form of violence against women), research methods, and research challenges. Until September 2019, there was no special legislation in Kazakhstan aimed at combating domestic violence. However, with the adoption of the Law "On the Prevention of Domestic Violence and the Protection of Victims of Domestic Violence" in September 2019, Kazakhstan introduced institutional measures to prevent and punish domestic violence. Nevertheless, people continue to follow their traditional customs, rather than live in accordance with new legislation. [ABSTRACT FROM AUTHOR]

Abstract. This paper aimed to determine the theological position of Christians towards the tradition of kawin tangkap (bride kidnapping or bridenapping) on Sumba Island. Kawin tangkap is a tradition of kidnapping woman to make her a bride. The tradition has become a social problem for the government and society, especially the Sumbanese women. Through hermeneutic approach, this research analyzes the tradition of kawin tangkap in Marapu’s perspective to determine the proper outlook of the church. The conceptual framework in the analysis was the concept of Christian marriage and the story of abducted wives in Judges 21. Through this analysis it was found that kawin tangkap is a tradition that opposes the Bible's teachings on marriage, a sign of spiritual decline, and the violence against women. Abstrak. Tulisan ini bertujuan menentukan sikap teologis orang Kristen terhadap tradisi kawin tangkap di Pulau Sumba. Kawin tangkap adalah tradisi penculikan perempuan untuk dijadikan isteri. Tradisi kawin tangkap menjadi masalah sosial yang meresahkan pemerintah dan masyarakat, khususnya kaum perempuan. Melalui pendekatan hermeneutis penelitian ini menganalisis tradisi kawin tangkap dalam perspektif Marapu untuk menentukan sikap gereja. Bingkai konseptual dalam analisis adalah konsep perkawinan dalam perspektif Kristen dan kisah penangkapan perempuan untuk dikawini dalam Hakim-hakim 21. Melaluinya ditemukan bahwa kawin tangkap adalah tradisi yang menentang ajaran Alkitab tentang perkawinan, tanda kemerosotan spiritual, dan merendahkan martabat perempuan.

This article explores intersections among gender, violence and socio-economic insecurities through examining the practice of women's abduction for forced marriage in rural Kyrgyzstan. In the post-Soviet period, bride-kidnapping has been discussed as an expression of reviving 'traditional' ethnic culture and as a system of social rules that constrain actors in a variety of ways. Understanding of this practice requires a more nuanced analysis of the links between various forms of vulnerabilities and gender violence it expresses. Previous work has overlooked men's roles within bride abduction process which are not simply men's exertion of authority but are intricate reflections of wider changes taking place in newly independent Kyrgyzstan. Through an analysis of interviews with forty-five men who have been involved in bride kidnappings we build a nuanced account of the broader system of structural and institutional inequalities that comprise ala kachuu and make social actors less agentic. The article links bride-kidnapping to ecological & economic transformations, and the social importance given to marriage - all in the context of neofamilial national state politics where gender violence takes shape as unsanctioned rituals cast as 'tradition'. [ABSTRACT FROM AUTHOR]

Synopsis: Although bride kidnapping was criminalized in the early 2000s in Kyrgyzstan, critical efforts are needed to enforce the law and empower women. [ABSTRACT FROM AUTHOR]

Kyz ala kachuu (Kyrgyz: ...) translated as "to take a young woman and run away" is a form of women kidnapping for marriage purposes in Kyrgyzstan (Kyrgyz Republic). This term applies to either of the performed actions: kidnapping with permission from the future wife, and without her consent. In this article, I propose an anthropological interpretation of bride kidnapping, using the concept of 'person-making'. In my analysis, I go beyond the act of kidnapping itself, which I present as part of a wider social process. Drawing on my fieldwork in Northern Kyrgyzstan, I show that marriage through kidnapping is the first stage in the social process of building female subjectivity and the way of reproduction of Kyrgyz families. The reproduction takes place through the acquisition, familiarization, and constitution of subjectivity resulting from the collective agency of all the family members. [ABSTRACT FROM AUTHOR]

Throughout Eurasia, bride kidnapping continues to be a fairly common way to get married. The practice is becoming increasingly controversial. Some local actors argue the practice is a cultural tradition, while others question its acceptability, particularly when a woman is forced to marry against her will. Many scholars, journalists and non-governmental organization workers view non-consensual variations of bride kidnapping as a form of gender-based violence. In October 2016, an interdisciplinary group of scholars gathered at the annual Central Eurasia Studies Society conference to assess existing scholarship on bride kidnapping in post-Soviet Eurasia. Using an innovative format, this paper offers an edited transcript of that roundtable discussion. The roundtable format provides readers an opportunity to see a diverse range of perspectives and opinions in response to several questions about bride kidnapping. This paper provides a thorough introduction to key issues surrounding bride kidnapping and offers suggestions for areas that need further exploration. [ABSTRACT FROM AUTHOR]

We study the impact of marriages resulting from bride kidnapping on infant birth weight. Bride kidnapping-a form of forced marriage-implies that women are abducted by men and have little choice other than to marry their kidnappers. Given this lack of choice over the spouse, we expect adverse consequences for women in such marriages. Remarkable survey data from the Central Asian nation of Kyrgyzstan enable exploration of differential birth outcomes for women in kidnap-based and other types of marriage using both OLS and IV estimation. We find that children born to mothers in kidnap-based marriages have lower birth weight compared with children born to other mothers. The largest difference is between kidnap-based and arranged marriages: the magnitude of the birth weight loss is in the range of 2 % to 6 % of average birth weight. Our finding is one of the first statistically sound estimates of the impact of forced marriage and implies not only adverse consequences for the women involved but potentially also for their children. [ABSTRACT FROM AUTHOR]

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