Ukuthwalwa
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Ukuthwala is the South African term for
bride kidnapping Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts the woman he wishes to marry. Bride kidnapping (hence the portmanteau bridenapping) has been practiced around the world and t ...
, the practice of a man abducting a young girl and forcing her into marriage, often without the consent of her parents. These "marriages by capture" occur mainly in rural parts of South Africa, in particular the
Eastern Cape The Eastern Cape ( ; ) is one of the nine provinces of South Africa. Its capital is Bhisho, and its largest city is Gqeberha (Port Elizabeth). Due to its climate and nineteenth-century towns, it is a common location for tourists. It is also kno ...
and
KwaZulu-Natal KwaZulu-Natal (, also referred to as KZN) is a Provinces of South Africa, province of South Africa that was created in 1994 when the government merged the Zulu people, Zulu bantustan of KwaZulu ("Place of the Zulu" in Zulu language, Zulu) and ...
. The
Basotho The Sotho (), also known as the Basotho (), are a Sotho-Tswana ethnic group indigenous to Southern Africa. They primarily inhabit the regions of Lesotho, South Africa, Botswana and Namibia. The ancestors of the Sotho people are believed to h ...
call it ''tjhobediso''. Among the
Xhosa Xhosa may refer to: * Xhosa people, a nation, and ethnic group, who live in south-central and southeasterly region of South Africa * Xhosa language, one of the 11 official languages of South Africa, principally spoken by the Xhosa people See als ...
and
Zulu people Zulu people (; ) are a native people of Southern Africa of the Nguni people, Nguni. The Zulu people are the largest Ethnic groups in South Africa, ethnic group and nation in South Africa, living mainly in the province of KwaZulu-Natal. They o ...
, ''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 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. A ...
). ''Ukuthwala'' has been abused, however, "to victimize isolated
rural women Rural women play a fundamental role in rural communities around the world providing care and being involved in number of economic pursuits such as subsistence farming, petty trading and off-farm work. In most parts of the world, rural women work v ...
and enrich male relatives."


Context

Bride kidnapping Bride kidnapping, also known as marriage by abduction or marriage by capture, is a practice in which a man abducts the woman he wishes to marry. Bride kidnapping (hence the portmanteau bridenapping) has been practiced around the world and t ...
, 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 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. In most nations, bride kidnapping is considered a
sex crime Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are ...
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 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 force ...
and
arranged marriage Arranged marriage is a type of Marriage, 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 matchmaki ...
. The term is sometimes confused with
elopement 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. A ...
s, 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 In sociology, face refers to a class of behaviors and customs, associated with the morality, honor, and authority of an individual (or group of individuals), and their image within social groups. Face is linked to the dignity and prestige that a ...
for herself or her parents. In many jurisdictions, this used to be encouraged by so-called
marry-your-rapist law A marry-your-rapist law, marry-the-rapist law, or rape-marriage law is a rule of rape law in a jurisdiction under which a man who commits rape, sexual assault, statutory rape, abduction or other similar act is exonerated if he marries his fe ...
s. Even in countries where the practice is against the law, if judicial enforcement is weak,
customary law A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists wher ...
("traditional practices") may prevail. Bride kidnapping is often (but not always) a form of
child marriage Child marriage is a practice involving a marriage or domestic partnership, formal or informal, that includes an individual under 18 and an adult or other child.* * * * Research has found that child marriages have many long-term negative co ...
. It may be connected to the practice of
bride price Bride price, bride-dowry, bride-wealth, bride service or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dowry ...
, wealth paid by the groom and his family to the bride's parents, and the inability or unwillingness to pay it. Bride kidnapping is distinguished from ''
raptio ''Raptio'' (in archaic or literary English rendered as ''rape'') 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 equivale ...
'' 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 Wartime sexual violence is rape or other forms of sexual violence committed by combatants during an armed conflict, war, or military occupation often as spoils of war, but sometimes, particularly in ethnic conflict, the phenomenon has b ...
, some of which has elements of bride kidnapping; for example, women and girls abducted by
Boko Haram Boko Haram, officially known as Jama'at Ahl al-Sunna li al-Da'wa wa al-Jihad (), is a self-proclaimed jihadist militant group based in northeastern Nigeria and also active in Chad, Niger, northern Cameroon, and Mali. In 2016, the group spli ...
in Nigeria, the Lord Resistance Army in Uganda and
ISIS Isis was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingdom () as one of the main characters of the Osiris myth, in which she resurrects her sla ...
in the Middle East have been taken as wives by their abductors.


Origins

In South Africa, the custom originated from the
Xhosa people The Xhosa people ( , ; ) are a Bantu peoples, Bantu ethnic group that migrated over centuries into Southern Africa eventually settling in South Africa. They are the second largest ethnic group in South Africa and are native speakers of the Xho ...
, though the practice has expanded into different ethnic groups. 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. 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. A modern interpretation of this practice encourages men to abduct young girls (commonly under 18) for the purpose of marriage.


Prevalence

Many of the abductees are reported to be under-aged girls, including some as young as eight. 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''. In
Lusikisiki Lusikisiki is a town in the Ingquza Hill Local Municipality in the Eastern Cape Province, South Africa. The name is onomatopoeic, derived from the rustling sound of reeds in the wind, named by the local Xhosa people. Lusikisiki is inland from a ...
in 2009, there were instances of young girls from orphanages, being forced into marriages to older men. There have been instances of young girls being forced into illegal marriages to old
widowed A widow (female) or widower (male) is a person whose spouse has died and has usually not remarried. The male form, "widower", is first attested in the 14th century, by the 19th century supplanting "widow" with reference to men. The adjective for ...
men (about 55 to 70 years). 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) Even though the laws are not stringent enough to curb such a
custom Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Mores, what is wid ...
, 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.


See also

*
Rape in South Africa The rate of sexual violence in South Africa is among the highest recorded in the world. Police statistics of reported rapes as a per capita figure has been dropping in recent years, although the reasons for the drop has not been analysed and it ...
* Kidnapping in South Africa


References

{{reflist


External links


Child bride kidnapping – Age old custom of Ukuthwalwa



Cultural heritage in the work of two Xhosa-speaking ceramic artists

ANC: Better cadres, sport quotas stay, bride kidnap goes
''M&G'' Xhosa culture Child marriage Human rights abuses in South Africa South African English Forced marriage Violence against women in South Africa