Adultery (from
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
''adulterium'') is
extramarital sex
Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse.
The term may be applied to the situation of a single person having sex with a married person.
Where extramarital sexual relations do n ...
that is considered objectionable on social, religious, moral, or legal grounds. Although the
sexual activities
Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) t ...
that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in
Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global pop ...
,
Judaism
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the ...
and
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.
Historically
History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the invention of writing systems is considered prehistory. "History" is an umbrella term comprising past events as well ...
, many cultures considered adultery a very serious
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
,
mutilation
Mutilation or maiming (from the Latin: ''mutilus'') refers to Bodily harm, severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunction ...
, or
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
.
Such punishments have gradually fallen into disfavor, especially in
Western countries
The Western world, also known as the West, primarily refers to the various nations and states in the regions of Europe, North America, and Oceania. from the 19th century. In countries where adultery is still a criminal offense, punishments range from
fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
s to
caning and even capital punishment. Since the 20th century,
criminal laws against adultery have become controversial, with most Western countries decriminalising adultery.
However, even in jurisdictions that have decriminalised adultery, it may still have legal consequences, particularly in jurisdictions with fault-based
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
laws, where adultery almost always constitutes a
ground for divorce
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery ...
and may be a factor in
property settlement
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.
Distributio ...
, the
custody of children, the denial of
alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a
no-fault divorce
In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...
model.
International organizations have called for the decriminalisation of adultery, especially in the light of several high-profile
stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The Torah and Ta ...
cases that have occurred in some countries. The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact,
Kamala Chandrakirana
Kamala (or Nana) Chandrakirana is a feminist human rights activist for justice and democracy from Indonesia. She has been a member of the United Nations Working Group on discrimination against women in law and practice since 2011. She spent over ...
, has stated that: "Adultery must not be classified as a criminal offence at all".
A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".
In Muslim countries that follow
Sharia law for criminal justice, the punishment for adultery may be stoning.
There are fifteen
countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.
Most countries that criminalize adultery are those where the dominant religion is Islam, and several
Sub-Saharan Africa
Sub-Saharan Africa is, geographically, the area and regions of the continent of Africa that lies south of the Sahara. These include West Africa, East Africa, Central Africa, and Southern Africa. Geopolitically, in addition to the List of sov ...
n Christian-majority countries, but there are some notable exceptions to this rule, namely Philippines, and several U.S. states. In some jurisdictions, having sexual relations with the king's wife or the wife of his eldest son constitutes
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
.
Overview
![Susana_acusada_de_adulterio_(Antoine_Coypel)](https://upload.wikimedia.org/wikipedia/commons/2/27/Susana_acusada_de_adulterio_%28Antoine_Coypel%29.jpg)
The term ''adultery'' refers to sexual acts between a married person and someone who is not that person's spouse. It may arise in a number of contexts. In
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
, adultery was a criminal offence in many countries in the past, and is still a crime in some countries today. In
family law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations.
Overview
Subjects that commonly fall under a nation's body of family law include:
* Marriage ...
, adultery may be a
ground for divorce
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery ...
, with the legal definition of adultery being "physical contact with an alien and unlawful organ", while in some countries today, adultery is not in itself grounds for divorce. Extramarital sexual acts not fitting this definition are not "adultery" though they may constitute "unreasonable behavior", also a ground of divorce.
Another issue is the issue of paternity of a child. The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman ... tended to adulterate the issue
hildrenof an innocent husband ... and to expose him to support and provide for another man's
hildren. Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered.
In archaic law, there was a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
tort of
criminal conversation
At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term.
It is similar to breach of pro ...
arising from adultery, "conversation" being an archaic euphemism for sexual intercourse. It was a
tort action brought by a husband against a third party (“the other man”) who interfered with the marriage relationship.
Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women.
The term ''adultery'', rather than ''extramarital sex'', implies a moral condemnation of the act; as such it is usually not a neutral term because it carries an implied judgment that the act is wrong.
Adultery refers to sexual relations which are not officially legitimized; for example it does not refer to having sexual intercourse with multiple partners in the case of
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
(when a man is married to more than one wife at a time, called
polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
; or when a woman is married to more than one husband at a time, called
polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives ...
).
Definitions and legal constructs
![Anne boleyn](https://upload.wikimedia.org/wikipedia/commons/f/f2/Anne_boleyn.jpg)
In the traditional English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
, adultery was a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
. Although the legal definition of ''adultery'' differs in nearly every legal system, the common theme is
sexual relations
Human sexual activity, human sexual practice or human sexual behaviour is the manner in which humans experience and express their sexuality. People engage in a variety of sexual acts, ranging from activities done alone (e.g., masturbation) t ...
outside of marriage, in one form or another.
Traditionally, many cultures, particularly
Latin American
Latin Americans ( es, Latinoamericanos; pt, Latino-americanos; ) are the citizens of Latin American countries (or people with cultural, ancestral or national origins in Latin America). Latin American countries and their diasporas are multi-eth ...
ones, had strong
double standards
A double standard is the application of different sets of principles for situations that are, in principle, the same. It is often used to describe treatment whereby one group is given more latitude than another. A double standard arises when two ...
regarding male and female adultery, with the latter being seen as a much more serious violation.
Adultery involving a married woman and a man other than her husband was considered a very serious crime. In 1707, English Lord Chief Justice John Holt stated that a man having sexual relations with another man's wife was "the highest invasion of property" and claimed, in regard to the aggrieved husband, that "a man cannot receive a higher provocation" (in a case of murder or manslaughter).
The ''
Encyclopedia of Diderot & d'Alembert'', Vol. 1 (1751), also equated adultery to
theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
writing that, "adultery is, after homicide, the most punishable of all crimes, because it is the most cruel of all thefts, and an outrage capable of inciting murders and the most deplorable excesses."
Legal definitions of adultery vary. For example,
New York defines an adulterer as a person who "engages in
sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse."
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
defines adultery as occurring when any man and woman "lewdly and lasciviously associate, bed, and cohabit together."
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
law provides: "when a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery." In the 2003
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associat ...
case
Blanchflower v. Blanchflower
''Blanchflower v. Blanchflower'', 150 N.H. 226 (2003), is a landmark decision by the New Hampshire Supreme Court which ruled that sexual relations between two females, one of whom is married, does not constitute adultery because it is not technic ...
, it was held that
female same-sex sexual relations did not constitute sexual intercourse, based on a 1961 definition from ''
Webster's Third New International Dictionary
''Webster's Third New International Dictionary of the English Language, Unabridged'' (commonly known as ''Webster's Third'', or ''W3'') was published in September 1961. It was edited by Philip Babcock Gove and a team of lexicographers who spent 757 ...
''; and thereby an accused wife in a divorce case was found not guilty of adultery. In 2001,
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
prosecuted an attorney, John R. Bushey, for adultery, a case that ended in a guilty plea and a $125 fine. Adultery is against the
governing law of the U.S. military.
In
common-law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
countries, adultery was also known as ''
criminal conversation
At common law, criminal conversation, often abbreviated as ''crim. con.'', is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term.
It is similar to breach of pro ...
.'' This became the name of the civil
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
arising from adultery, being based upon compensation for the other spouse's injury. Criminal conversation was usually referred to by lawyers as ''crim. con.'', and was abolished in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in 1857, and the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
in 1976. Another tort,
alienation of affection
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The ...
, arises when one spouse deserts the other for a third person. This act was also known as desertion, which was often a crime as well. A small number of jurisdictions still allow suits for criminal conversation and/or alienation of affection. In the United States, six states still maintain this tort.
A marriage in which both spouses agree ahead of time to accept sexual relations by either partner with others is sometimes referred to as an
open marriage
Open marriage is a form of non-monogamy in which the partners of a dyadic marriage agree that each may engage in extramarital sexual relationships, without this being regarded by them as infidelity, and consider or establish an open relatio ...
or the
swinging lifestyle.
Polyamory
Polyamory () is the practice of, or desire for, romantic relationships with more than one partner at the same time, with the informed consent of all partners involved. People who identify as polyamorous may believe in open relationships wi ...
, meaning the practice, desire, or acceptance of intimate relationships that are not exclusive with respect to other sexual or intimate relationships, with knowledge and consent of everyone involved, sometimes involves such marriages. Swinging and open marriages are both a form of
non-monogamy
Non-monogamy (or nonmonogamy) is an umbrella term for every practice or philosophy of non- dyadic intimate relationship that does not strictly hew to the standards of monogamy, particularly that of having only one person with whom to exchange s ...
, and the spouses would not view the sexual relations as objectionable. However, irrespective of the stated views of the partners, extra-marital relations could still be considered a crime in some legal jurisdictions which criminalize adultery.
In Canada, though the written definition in the ''
Divorce Act'' refers to extramarital relations with someone of the opposite sex, a
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
judge used the ''
Civil Marriage Act'' in a 2005 case to grant a woman a divorce from her husband who had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.
In England and Wales, case law restricts the definition of adultery to penetrative sexual intercourse between a man and a woman, no matter the gender of the spouses in the marriage.
Infidelity
Infidelity (synonyms include cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional and/or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and ri ...
with a person of the same gender can be grounds for a divorce as unreasonable behavior; this situation was discussed at length during debates on the
Marriage (Same-Sex Couples) Bill
The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.
Background
Civil partnerships were introduced in the United Kingdom in 2004, allowi ...
. However, the practical effect of this ceased with the introduction of no-fault divorce in April 2022, which meant that unreasonable behavior ceased to be grounds for divorce.
In India,
adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
was the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse did not amount to rape, and it was a non-cognizable, non-bailable criminal offence; the adultery law was overturned by the Supreme Court of India on 27 September 2018.
Prevalence
Durex
Durex is a brand of condoms and personal lubricants owned by the British company Reckitt Benckiser. It was initially developed in London under the purview of the London Rubber Company and British Latex Products Ltd, where it was manufactured be ...
's Global Sex Survey found that worldwide 22% of people surveyed admitted to have had extramarital sex. According to a 2015 study by Durex and Match.com, Thailand and Denmark were the most adulterous countries based on the percentage of adults who admitted having an affair.
In the United States
Alfred Kinsey
Alfred Charles Kinsey (; June 23, 1894 – August 25, 1956) was an American sexologist, biologist, and professor of entomology and zoology who, in 1947, founded the Institute for Sex Research at Indiana University, now known as the Kinsey Insti ...
found in his studies that 50% of males and 26% of females had extramarital sex at least once during their lifetime. Depending on studies, it was estimated that 22.7% of men and 11.6% of women, had extramarital sex.
Other authors say that between 20% and 25% of Americans had sex with someone other than their spouse.
Three 1990s studies in the United States, using nationally representative samples, have found that about 10–15% of women and 20–25% of men admitted to having engaged in
extramarital sex
Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse.
The term may be applied to the situation of a single person having sex with a married person.
Where extramarital sexual relations do n ...
.
[Clements, M. (7 August 1994). Sex in America today: A new national survey reveals how our attitudes are changing. Parade Magazine, 4–6.]
The
Standard Cross-Cultural Sample
The Standard Cross-Cultural Sample (SCCS) is a sample of 186 cultures used by scholars engaged in cross-cultural studies.
Origin
Cross-cultural research entails a particular statistical problem, known as Galton's problem: tests of functional rela ...
described the occurrence of extramarital sex by gender in over 50 pre-industrial cultures. The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures. The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures.
[Divale, W. (2000). Pre-Coded Variables for the Standard Cross-Cultural Sample, Volume I and II. Jamaica, NY: York College, CUNY. Distributed by World Cultures](_blank)
. See Variable 170 and Variable 171.
Cultural and religious traditions
Greco-Roman world
In the
Greco-Roman world
The Greco-Roman civilization (; also Greco-Roman culture; spelled Graeco-Roman in the Commonwealth), as understood by modern scholars and writers, includes the geographical regions and countries that culturally—and so historically—were di ...
, there were stringent laws against adultery, but these applied to sexual intercourse with a married woman. In the early
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, the ''jus tori'' belonged to the husband. It was therefore not a crime against the wife for a
husband to have sex with a slave or an unmarried woman.
The Roman husband often took advantage of his legal immunity. Thus we are told by the historian
Spartianus that
Verus, the imperial colleague of
Marcus Aurelius
Marcus Aurelius Antoninus (Latin: áːɾkus̠ auɾέːli.us̠ antɔ́ːni.us̠ English: ; 26 April 121 – 17 March 180) was Roman emperor from 161 to 180 AD and a Stoic philosopher. He was the last of the rulers known as the Five Good ...
, did not hesitate to declare to his reproaching wife: "Uxor enim dignitatis nomen est, non voluptatis." (Wife' connotes rank, not sexual pleasure'', or more literally "Wife is the name of dignity, not bliss") (Verus, V).
Later in Roman history, as William E.H. Lecky has shown, the idea that the husband owed a fidelity similar to that demanded of the wife must have gained ground, at least in theory. Lecky gathers from the
legal maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exac ...
of
Ulpian
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to ...
: "It seems most unfair for a man to require from a wife the chastity he does not himself practice".
According to
Plutarch
Plutarch (; grc-gre, Πλούταρχος, ''Ploútarchos''; ; – after AD 119) was a Greek Middle Platonist philosopher, historian, biographer, essayist, and priest at the Temple of Apollo in Delphi. He is known primarily for hi ...
, the lending of wives practiced among some people was also encouraged by
Lycurgus
Lycurgus or Lykourgos () may refer to:
People
* Lycurgus (king of Sparta) (third century BC)
* Lycurgus (lawgiver) (eighth century BC), creator of constitution of Sparta
* Lycurgus of Athens (fourth century BC), one of the 'ten notable orators' ...
, though from a motive other than that which actuated the practice (Plutarch, Lycurgus, XXIX). The recognized license of the Greek husband may be seen in the following passage of the
pseudo-Demosthenic ''
Oration Against Neaera'':
:''We keep mistresses for our pleasures, concubines for constant attendance, and wives to bear us legitimate children and to be our faithful housekeepers. Yet, because of the wrong done to the husband only, the Athenian lawgiver Solon allowed any man to kill an adulterer whom he had taken in the act.'' (Plutarch, Solon)
The Roman
Lex Julia
A ''lex Julia'' (plural: ''leges Juliae'') was an ancient Roman law that was introduced by any member of the gens Julia. Most often, "Julian laws", ''lex Julia'' or ''leges Juliae'' refer to moral legislation introduced by Augustus in 23 BC, o ...
, ''Lex Iulia de Adulteriis Coercendis'' (17 BC), punished adultery with banishment.
The two guilty parties were sent to different islands ("dummodo in ''diversas'' insulas relegentur"), and part of their property was confiscated.
Fathers were permitted to kill daughters and their partners in adultery. Husbands could kill the partners under certain circumstances and were required to divorce adulterous wives.
Abrahamic religions
Biblical sources
Both Judaism and Christianity base their injunction against adultery on passages in the
Hebrew Bible
The Hebrew Bible or Tanakh (;["Tanach"](_blank)
''Random House Webster's Unabridged Dictionary''. Hebrew: ''Tān ...
(
Old Testament in Christianity), which firstly prohibits adultery in the
Seventh Commandment: "Thou shalt not commit adultery."
(). However, Judaism and Christianity differ on what actually constitutes adultery.
goes on to define what constitutes adultery in the Hebrew Bible, and it also prescribes the punishment as
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. This verse, however, defines adultery in very specific and narrow terms, and thus in the Jewish tradition adultery is not less than actual sexual intercourse between a man and a ''married'' woman that is not his lawful wife:
And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death.
Significantly, the Hebrew Bible’s definition of adultery and penalty for adultery does not apply to either participant if the female participant is unmarried, irrespective of the marital status of the male participant (he himself could be married or unmarried, it is irrelevant).
This means that, if the man was married to another woman, but the woman he had sexual relations with was unmarried to anyone, both might be guilty of
fornication, but the actions of neither of them adulterate or risk adulterating the genetic lineage of a married man, thus their actions do not fall under the Hebrew Bible’s definition of adultery in these passages.
The Biblical definition of adultery concerns itself with the
adulteration
An adulterant is caused by the act of adulteration, a practice of secretly mixing a substance with another. Typical substances that are adulterated include but are not limited to food, cosmetics, pharmaceuticals, fuel, or other chemicals, that ...
or potential adulteration of an innocent husband’s genetic lineage. Since sexual intercourse between a wife and a man other than her husband can result in that other man’s impregnation of the wife with that other man’s
adulterant
An adulterant is caused by the act of adulteration, a practice of secretly mixing a substance with another. Typical substances that are adulterated include but are not limited to food, cosmetics, pharmaceuticals, fuel, or other chemicals, that ...
genetic material, the genetic lineage of a child
conceived from that act would be
adulterated, that is, not genetically the husband’s. Yet, such a child would nevertheless be deemed in Biblical law to be the legal child of the husband due to its birth to the wife while she was in a marital contract (lawful wedlock) with the husband. This adulteration of a victimized husband’s
family lineage (consanguinity), by the wife's adulterous conception of a child, would detrimentally impact the lawfully wedlocked husband and his birth family, as all the responsibilities, burdens, and privileges of and for the child, due to the
contract of marriage, attach to the husband and his birth family. By contrast, an unmarried woman becoming pregnant or risking pregnancy as a result of sexual intercourse with a man married to another woman does not create the same situation, because the unmarried woman's child would not be regarded in law as his. Since there is no aggrieved party whose genetic lineage can be adulterated by their act, it is not defined as adultery per the Hebrew Bible.
Adultery in the Hebrew Bible is prohibited and capitally punished because it would result in the unjust and fraudulently diverted imposition of
financial burdens on a husband to a child which is not his own (until its adulthood), the usurpation of
Biblical inheritance rights from the rightful consanguineous heirs of the husband then
converted to the male offender’s family via the adulterated child (from the moment the child is born and for its lifetime), including rights to inherit the property of the aggrieved husband’s birth family and his own personally accumulated property and assets,
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
rights into one of the
Twelve Tribes of Israel
The Twelve Tribes of Israel ( he, שִׁבְטֵי־יִשְׂרָאֵל, translit=Šīḇṭēy Yīsrāʾēl, lit=Tribes of Israel) are, according to Hebrew scriptures, the descendants of the biblical patriarch Jacob, also known as Israel, thro ...
to which the aggrieved husband belongs, usurpation of inherited priestly status with all its accompanying rights and responsibilities if the aggrieved husband was a
Kohen
Kohen ( he, , ''kōhēn'', , "priest", pl. , ''kōhănīm'', , "priests") is the Hebrew word for " priest", used in reference to the Aaronic priesthood, also called Aaronites or Aaronides. Levitical priests or ''kohanim'' are traditionally ...
(Aaronic priestly caste halakhically required to be of direct
patrilineal descent
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
from the
biblical Aaron brother of Moses) or a
Levite
Levites (or Levi) (, he, ''Lǝvīyyīm'') are Jewish males who claim patrilineal descent from the Tribe of Levi. The Tribe of Levi descended from Levi, the third son of Jacob and Leah. The surname ''Halevi'', which consists of the Hebrew de ...
, up to usurpation of royal status and line of succession rights for an aggrieved husband of royal lineage including the king himself.
Thus, adultery was regarded as the highest and most despicable form of fraudulent theft meriting capital punishment, because the crime affected not only the husband, but his family and rightful heirs, depriving the husband of genetic posterity and killing off his family’s genetic line. The form of capital punishment employed to execute those convicted of adultery is Biblically required to be more torturous if the guilty wife was a
Bat-Kohen
A bat-kohen or bat kohen ( he, בת כהן) is the daughter of a kohen (Jewish priest), who holds a special status which is governed by special regulations in the Hebrew Bible and rabbinical texts.
In rabbinical literature the bat kohen is consi ...
(daughter of a Kohen).
In the event of a married woman being raped by a man who is not her husband, only the rapist is guilty of adultery against the husband of his married victim; the victim herself is not guilty of adultery against her husband.
Furthermore, a wife who has intercourse with another man at her husband’s instigation is still committing adultery against her husband, and is as guilty as that other man; and her husband is guilty of the adultery against himself and his birth family. For this reason, in the modern era, with advancements in assisted reproduction, the position of Jewish religious law (
Halacha
''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical comman ...
) on the use of donor sperm is classified as adultery. In all cases of adultery, whether through traditional sexual intercourse or non-sexual assisted pregnancy, the crime of adultery is the adulteration of the genetic lineage, while the sexual intercourse, or the Petri dish, or the more unsophisticated turkey baster, are simply the weapons.
Judaism
Though Leviticus 20:10 prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two eyewitnesses of good character for conviction. The defendant also must have been warned immediately before performing the act. A death sentence could be issued only during the period when the
Holy Temple
The Temple in Jerusalem, or alternatively the Holy Temple (; , ), refers to the two now-destroyed religious structures that served as the central places of worship for Israelites and Jews on the modern-day Temple Mount in the Old City of Jer ...
stood, and only so long as the
Supreme Torah Court convened in its chamber within the Temple complex. Technically, therefore, no death penalty can now be applied.
The death penalty for adultery was strangulation, except in the case of a woman who was the daughter of a Kohen (Aaronic priestly caste), which was specifically mentioned in Scripture as the penalty of burning (pouring molten lead down the throat). The punishment of stoning for adulterers is directly mentioned in Deuteronomy 22:24. Other ancient Near Eastern law collections treat adultery as an offense against the husband alone, and allow the husband to waive or mitigate the punishment whereas Biblical law allows no such mitigation, on the grounds that God as well as the husband is offended by adultery, and an offense against God cannot be forgiven by man.
At the civil level, however,
Jewish law (halakha) forbids a man to continue living with an adulterous wife, and he is obliged to divorce her. Also, an adulteress is not permitted to marry the adulterer, but, to avoid any doubt as to her status as being free to marry another or that of her children, many authorities say he must give her a divorce as if they were married.
According to Judaism, the
Seven laws of Noah apply to all of humankind; these laws prohibit adultery with another man's wife.
The
Ten Commandments
The Ten Commandments (Biblical Hebrew עשרת הדברים \ עֲשֶׂרֶת הַדְּבָרִים, ''aséret ha-dvarím'', lit. The Decalogue, The Ten Words, cf. Mishnaic Hebrew עשרת הדיברות \ עֲשֶׂרֶת הַדִּבְ ...
were meant exclusively for Jewish males.
[ ]Michael Coogan
Michael D. Coogan is lecturer on Hebrew Bible/Old Testament at Harvard Divinity School, Director of Publications for the Harvard Semitic Museum, editor-in-chief of Oxford Biblical Studies Online, and professor emeritus of religious studies at Stone ...
writes that according to the text wives are the property of their husband, marriage meaning transfer of property (from father to husband), and women are less valuable than real estate, being mentioned after real estate.[ Adultery is violating the property right of a man.] Coogan's book was criticized by Phyllis Trible
Phyllis Trible (born October 25, 1932) is a feminist biblical scholar from Richmond, Virginia, United States. Trible's works centres on the Hebrew Bible, and is considered by some in her field as a prominent influence on feminist biblical interpr ...
, who argues that he failed to note that patriarchy was not decreed, but only described by God, patriarchy being specific to people after the fall
Autumn, also known as fall in American English and Canadian English, is one of the four temperate seasons on Earth. Outside the tropics, autumn marks the transition from summer to winter, in September (Northern Hemisphere) or March ( Southe ...
.[Phyllis Tribl]
God and Sex: What the Bible Really Says
Biblical Archaeology Review She states that Paul the Apostle made the same mistake as Coogan.[
The extramarital intercourse of a married man is not in itself considered a crime in biblical or later Jewish law. Sexual intercourse between an Israelite man, married or not, and a woman who was neither married nor ]betrothed
An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself (which is typically but not always commenced with a wedding). During this period, a couple is said to be ''fi ...
was not considered adultery. This concept of adultery stems from the economic aspect of Israelite marriage whereby the husband has an exclusive right to his wife, whereas the wife, as the husband's possession, did not have an exclusive right to her husband.
David
David (; , "beloved one") (traditional spelling), , ''Dāwūd''; grc-koi, Δαυΐδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". w ...
's sexual intercourse with Bathsheba, the wife of Uriah, did not count as adultery. According to Jennifer Wright Knust, this was because Uriah was no Jew, and only Jewish men were protected by the legal code from Sinai. However, according to the Babylonian Talmud, Uriah was indeed Jewish and wrote a provisional bill of divorce prior to going out to war, specifying that if he fell in battle, the divorce would take effect from the time the writ was issued.
Christianity
Adultery is considered immoral by Christians and a sin
In a religious context, sin is a transgression against divine law. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered immoral, selfish, s ...
, based primarily on passages like and . Although does say that "and that is what some of you were. But you were washed", it still acknowledges adultery to be immoral and a sin.
Catholicism
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
ties fornication with breaking the sixth commandment in its Catechism.
Until a few decades ago, adultery was a criminal offense in many countries where the dominant religion is Christianity, especially in Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
countries (for example, in Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
it was a criminal offense until 1997). Adultery was decriminalized in Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
in 1995, and in Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
in 2005; but in some predominantly Catholic countries, such as the Philippines, it remains illegal. The Book of Mormon
The Book of Mormon is a religious text of the Latter Day Saint movement, which, according to Latter Day Saint theology, contains writings of ancient prophets who lived on the American continent from 600 BC to AD 421 and during an interlude d ...
also prohibits adultery. For instance, Abinadi cites the Ten Commandments
The Ten Commandments (Biblical Hebrew עשרת הדברים \ עֲשֶׂרֶת הַדְּבָרִים, ''aséret ha-dvarím'', lit. The Decalogue, The Ten Words, cf. Mishnaic Hebrew עשרת הדיברות \ עֲשֶׂרֶת הַדִּבְ ...
when he accuses King Noah
According to the Book of Mormon, King Noah was a wicked monarch best known for burning the prophet Abinadi at the stake. King Noah, described in the Book of Mosiah, is said to have presided over a wicked kingdom guided by false priests. Noah s ...
's priests of sexual immorality. When Jesus Christ
Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label=Hebrew/Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and religious ...
visits the Americas he reinforces the law and teaches them the higher law (also found in the New Testament
The New Testament grc, Ἡ Καινὴ Διαθήκη, transl. ; la, Novum Testamentum. (NT) is the second division of the Christian biblical canon. It discusses the teachings and person of Jesus, as well as events in first-century Christ ...
):
:''Behold, it is written by them of old time, that thou shalt not commit adultery; but I say unto you, that whosoever looketh on a woman, to lust after her, hath committed adultery already in his heart.''
Some churches such as the Church of Jesus Christ of Latter-day Saints
The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a nontrinitarian Christian church that considers itself to be the restoration of the original church founded by Jesus Christ. The ch ...
have interpreted "adultery" to include all sexual relationships outside of marriage, regardless of the marital status of the participants. Book of Mormon
The Book of Mormon is a religious text of the Latter Day Saint movement, which, according to Latter Day Saint theology, contains writings of ancient prophets who lived on the American continent from 600 BC to AD 421 and during an interlude d ...
prophets
In religion, a prophet or prophetess is an individual who is regarded as being in contact with a divine being and is said to speak on behalf of that being, serving as an intermediary with humanity by delivering messages or teachings from the s ...
and civil leaders often list adultery as an illegal activity along with murder, robbing, and stealing.
Islam
'' Zina''' is an Arabic term for illegal intercourse, premarital or extramarital. Various conditions and punishments have been attributed to adultery. Under Islamic law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the ...
, adultery in general is sexual intercourse by a person (whether man or woman) with someone to whom they are not married. Adultery is a violation of the marital contract and one of the major sins condemned by God in the Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
:
Qur'anic verses prohibiting adultery include:
: "Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other evils)." ( Quran 17:32)
: "Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins and trespasses against the truth and reason.'" ( Quran 7:33)
Punishments are reserved to the legal authorities and false accusations are to be punished severely. It has been said that these legal procedural requirements were instituted to protect women from slander
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
and false accusations: i.e. four witnesses of good character are required for conviction, who were present at that time and saw the deed taking place; and if they saw it they were not of good moral character, as they were looking at naked adults; thus no one can be convicted of adultery unless both of the accused also agree and give their confession under oath four times.
According to ''a hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approva ...
'' attributed to Muhammad, an unmarried person who commits adultery or fornication is punished by flogging 100 times; a married person will then be stoned to death. A survey conducted by the Pew Research Center found support for stoning as a punishment for adultery mostly in Arab countries
The Arab world ( ar, اَلْعَالَمُ الْعَرَبِيُّ '), formally the Arab homeland ( '), also known as the Arab nation ( '), the Arabsphere, or the Arab states, refers to a vast group of countries, mainly located in Western As ...
; it was supported in Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
(82% of respondents in favor of the punishment) and Jordan
Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
(70% in favor), as well as Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
(82% favor), whereas in Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
(56% in favor) and in Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
(42% in favor) opinion is more divided, perhaps due to diverging traditions and differing interpretations of Sharia.
Eastern religions
Hinduism
The Hindu Sanskrit texts present a range of views on adultery, offering widely differing positions.[, Quote: "The Sanskrit texts also take widely differing positions on adultery. Some see it as a minor offence: after menstruation and some penances, the woman is purified again. An adulterous husband may merely have to undergo some mild penances. But other texts advocate even the death penalty for either the man or the woman, depending on the caste status."] The hymn 4.5.5 of the ''Rigveda
The ''Rigveda'' or ''Rig Veda'' ( ', from ' "praise" and ' "knowledge") is an ancient Indian collection of Vedic Sanskrit hymns (''sūktas''). It is one of the four sacred canonical Hindu texts ('' śruti'') known as the Vedas. Only one ...
'' calls adultery as ''pāpa'' (evil, sin). Other Vedic texts state adultery to be a sin, just like murder, incest, anger, evil thoughts and trickery. The Vedic texts, including the ''Rigveda'', the '' Atharvaveda'' and the Upanishads
The Upanishads (; sa, उपनिषद् ) are late Vedic Sanskrit texts that supplied the basis of later Hindu philosophy.Wendy Doniger (1990), ''Textual Sources for the Study of Hinduism'', 1st Edition, University of Chicago Press, , ...
, also acknowledge the existence of male lovers and female lovers as a basic fact of human life, followed by the recommendation that one should avoid such extra marital sex during certain ritual occasions (yajna
Yajna ( sa, यज्ञ, yajña, translit-std=IAST, sacrifice, devotion, worship, offering) refers in Hinduism to any ritual done in front of a sacred fire, often with mantras.SG Nigal (1986), Axiological Approach to the Vedas, Northern Book ...
). A number of simile in the Rigveda, a woman's emotional eagerness to meet her lover is described, and one hymn prays to the gods that they protect the embryo of a pregnant wife as she sleeps with her husband and other lovers.
Adultery and similar offenses are discussed under one of the eighteen ''vivādapadas'' (titles of laws) in the ''Dharma'' literature of Hinduism. Adultery is termed as ''Strisangrahana'' in ''dharmasastra'' texts. These texts generally condemn adultery, with some exceptions involving consensual sex and ''niyoga'' (levirate conception) in order to produce an heir. According to ''Apastamba Dharmasutra'', the earliest dated Hindu law text, cross-varna adultery (adultery across castes) is a punishable crime, where the adulterous man receives a far more severe punishment than the adulterous ''arya'' woman. In ''Gautama Dharmasutra'', the adulterous ''arya'' woman is liable to harsh punishment for the cross-class adultery. While ''Gautama Dharmasutra'' reserves the punishment in cases of cross-class adultery, it seems to have been generalized by ''Vishnu Dharmasastra'' and ''Manusmiriti''.[ The recommended punishments in the text also vary between these texts.][
The '']Manusmriti
The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the sages often wrote thei ...
'', also known as the ''Laws of Manu'', deals with this in greater detail. When translated, verse 4.134 of the book declares adultery to be a heinous offense. The ''Manusmriti'' does not include adultery as a "grievous sin", but includes it as a "secondary sin" that leads to a loss of caste. In the book, the intent and mutual consent are a part that determine the recommended punishment. Rape is not considered as adultery for the woman, while the rapist is punished severely. Lesser punishment is recommended for consensual adulterous sex. Death penalty is mentioned by Manu, as well as "penance" for the sin of adultery. even in cases of repeated adultery with a man of the same caste. In verses 8.362-363, the author states that sexual relations with the wife of traveling performer is not a sin, and exempts such sexual liaisons. The book offers two views on adultery. It recommends a new married couple to remain sexually faithful to each other for life. It also accepts that adulterous relationships happen, children are born from such relationships and then proceeds to reason that the child belongs to the legal husband of the pregnant woman, and not to the biological father.
Other ''dharmasastra'' texts describe adultery as a punishable crime but offer differing details. According to ''Naradasmriti (12.61-62)'', it is an adulterous act if a man has sexual intercourse with the woman who is protected by another man. The term adultery in ''Naradasmriti'' is not confined to the relationship of a married man with another man's wife. It includes sex with any woman who is protected, including wives, daughters, other relatives, and servants. Adultery is not a punishable offence for a man if "the woman's husband has abandoned her because she is wicked, or he is eunuch, or of a man who does not care, provided the wife initiates it of her own volition". Brihaspati-smriti mention, among other things, adulterous local customs in ancient India and then states, "for such practices these (people) incur neither penance nor secular punishment". Kautilya's ''Arthashastra'' includes an exemption that in case the husband forgives his adulterous wife, the woman and her lover should be set free. If the offended husband does not forgive, the ''Arthashastra'' recommends the adulterous woman's nose and ears be cut off, while her lover be executed.
The ''Kamasutra'' discusses adultery and Vatsyayana devotes "not less than fifteen sutras (1.5.6–20) to enumerating the reasons (''karana'') for which a man is allowed to seduce a married woman". According to Wendy Doniger, the ''Kamasutra'' teaches adulterous sexual liaison as a means for a man to predispose the involved woman in assisting him, working against his enemies and facilitating his successes. It also explains the many signs and reasons a woman wants to enter into an adulterous relationship and when she does not want to commit adultery. The ''Kamasutra'' teaches strategies to engage in adulterous relationships, but concludes its chapter on sexual liaison stating that one should not commit adultery because adultery pleases only one of two sides in a marriage, hurts the other, it goes against both ''dharma'' and ''artha''.[
According to Werner Menski, the Sanskrit texts take "widely different positions on adultery", with some considering it a minor offense that can be addressed with penance, but others treat it as a severe offense that depending on the caste deserves the death penalty for the man or the woman.][ According to Ramanathan and Weerakoon, in Hinduism, the sexual matters are left to the judgment of those involved and not a matter to be imposed through law.
According to Carl Olsen, the classical Hindu society considered adultery as a sexual transgression but treated it with a degree of tolerance.] It is described as a minor transgression in ''Naradasmriti'' and other texts, one that a sincere penance could atone. Penance is also recommended to a married person who does not actually commit adultery, but carries adulterous thoughts for someone else or is thinking of committing adultery.
Other Hindu texts present a more complex model of behavior and mythology where gods commit adultery for various reasons. For example, Krishna
Krishna (; sa, कृष्ण ) is a major deity in Hinduism. He is worshipped as the eighth avatar of Vishnu and also as the Supreme god in his own right. He is the god of protection, compassion, tenderness, and love; and is one ...
commits adultery and the ''Bhagavata Purana
The ''Bhagavata Purana'' ( sa, भागवतपुराण; ), also known as the ''Srimad Bhagavatam'', ''Srimad Bhagavata Mahapurana'' or simply ''Bhagavata'', is one of Hinduism's eighteen great Puranas (''Mahapuranas''). Composed in S ...
'' justifies it as something to be expected when Vishnu took a human form, just like sages become uncontrolled. According to Tracy Coleman, Radha and other gopis are indeed lovers of Krishna, but this is ''prema'' or "selfless, true love" and not carnal craving. In Hindu texts, this relationship between gopis and Krishna involves secret nightly rendezvous. Some texts state it to be divine adultery, others as a symbolism of spiritual dedication and religious value. The example of Krishna's adulterous behavior has been used by Sahajiyas Hindus of Bengal to justify their own behavior that is contrary to the mainstream Hindu norm, according to Doniger. Other Hindu texts state that Krishna's adultery is not a license for other men to do the same, in the same way that men should not drink poison just because Rudra-Shiva drank poison during the Samudra Manthan. A similar teaching is found in Mahayana Buddhism, states Doniger.
The ''Linga Purana
The ''Linga Purana'' (लिङ्गपुराण, IAST: ) is one of the eighteen '' Mahapuranas'', and a ''Shaivism'' text of Hinduism. The text's title ''Linga'' refers to the iconographical symbol for Shiva.
The author(s) and date of the ...
'' shows that sexual hospitality existed in ancient India. The sage Sudarshana, asks his wife Oghavati to please their guests in this way. One day, he comes home while she is having sex with a mendicant who visits their house. Sudarshaan tells them to continue. The mendicant turns out to be Dharma, the lord of righteous conduct, who blesses the couple for their upholding of social law.
Buddhism
Buddhist texts such as Digha Nikāya
Digha is a seaside resort town in the state of West Bengal, India. It lies in Purba Medinipur district and at the northern end of the Bay of Bengal. It has a low gradient with a shallow sand beach. It is a popular sea resort in West Bengal.
Hi ...
describe adultery as a form of sexual wrongdoing that is one link in a chain of immorality and misery. According to Wendy Doniger, this view of adultery as evil is postulated in early Buddhist texts as having originated from greed in a previous life
Reincarnation, also known as rebirth or transmigration, is the philosophical or religious concept that the non-physical essence of a living being begins a new life in a different physical form or body after biological death. Resurrection is a ...
. This idea combines Hindu and Buddhist thoughts then prevalent. Sentient beings
Sentience is the capacity to experience feelings and sensations. The word was first coined by philosophers in the 1630s for the concept of an ability to feel, derived from Latin '' sentientem'' (a feeling), to distinguish it from the ability to ...
without body, state the canonical texts, are reborn on earth due to their greed and craving, some people become beautiful and some ugly, some become men and some women. The ugly envy the beautiful and this triggers the ugly to commit adultery with the wives of the beautiful. Like in Hindu mythology, states Doniger, Buddhist texts explain adultery as a result from sexual craving; it initiates a degenerative process.
Buddhism considers celibacy as the monastic ideal. For he who feels that he cannot live in celibacy, it recommends that he never commit adultery with another's wife. Engaging in sex outside of marriage, with the wife of another man, with a girl who is engaged to be married, or a girl protected by her relatives (father or brother), or extramarital sex with prostitutes, ultimately causes suffering to other human beings and oneself. It should be avoided, state the Buddhist canonical texts.
Buddhist Pali texts narrate legends where the Buddha explains the karmic consequences of adultery. For example, states Robert Goldman, one such story is of Thera Soreyya. Buddha states in the Soreyya story that "men who commit adultery suffer hell for hundreds of thousands of years after rebirth, then are reborn a hundred successive times as women on earth, must earn merit by "utter devotion to their husbands" in these lives, before they can be reborn again as men to pursue a monastic life and liberation from ''samsara''.
There are some differences between the Buddhist texts and the Hindu texts on the identification and consequences of adultery. According to José Ignacio Cabezón, for example, the Hindu text ''Naradasmriti'' considers consensual extra-marital sex between a man and a woman in certain circumstances (such as if the husband has abandoned the woman) as not a punishable crime, but the Buddhist texts "nowhere exculpate" any adulterous relationship. The term adultery in ''Naradasmriti'' is broader in scope than the one in Buddhist sources. In the text, various acts such as secret meetings, exchange of messages and gifts, "inappropriate touching" and a false accusation of adultery, are deemed adulterous, while Buddhist texts do not recognize these acts under adultery. Later texts such as the ''Dhammapada'', ''Pancasiksanusamsa Sutra'' and a few Mahayana sutras state that "heedless man who runs after other men's wife" acquire demerit, blame, discomfort and are reborn in hell. Other Buddhist texts make no mention of legal punishments for adultery.
Other historical practices
In some Native American cultures, severe penalties could be imposed on an adulterous wife by her husband. In many instances she was made to endure a bodily mutilation which would, in the mind of the aggrieved husband, prevent her from ever being a temptation to other men again. Among the Aztec
The Aztecs () were a Mesoamerican culture that flourished in central Mexico in the post-classic period from 1300 to 1521. The Aztec people included different Indigenous peoples of Mexico, ethnic groups of central Mexico, particularly those g ...
s, wives caught in adultery were occasionally impaled, although the more usual punishment was to be stoned to death.
The Code of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
, a well-preserved Babylonian law code
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
of ancient Mesopotamia
Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the ...
, dating back to about 1772 BC, provided drowning
Drowning is a type of suffocation induced by the submersion of the mouth and nose in a liquid. Most instances of fatal drowning occur alone or in situations where others present are either unaware of the victim's situation or unable to offer as ...
as punishment for adultery.
Amputation of the noserhinotomy
Rhinotomy is mutilation, usually amputation, of the nose. It was a means of judicial punishment throughout the world, particularly for sexual transgressions, but in the case of adultery often applied only to women.
Ancient usage
The Code of Hamm ...
was a punishment for adultery among many civilizations, including ancient India, ancient Egypt, among Greeks and Romans, and in Byzantium and among the Arabs.
In the tenth century, the Arab explorer Ibn Fadlan
Aḥmad ibn Faḍlān ibn al-ʿAbbās ibn Rāšid ibn Ḥammād, ( ar, أحمد بن فضلان بن العباس بن راشد بن حماد; ) commonly known as Ahmad ibn Fadlan, was a 10th-century Muslim traveler, famous for his account of hi ...
noted that adultery was unknown among the pagan Oghuz Turks. Ibn Fadlan writes that "adultery is unknown among them; but whomsoever they find by his conduct that he is an adulterer, they tear him in two. This comes about so: they bring together the branches of two trees, tie him to the branches and then let both trees go, so that he is torn in two."
In medieval Europe, early Jewish law mandated stoning for an adulterous wife and her partner.
In England and its successor states, it has been high treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
to engage in adultery with the King's wife, his eldest son's wife and his eldest unmarried daughter. The jurist Sir William Blackstone writes that "the plain intention of this law is to guard the Blood Royal from any suspicion of bastardy, whereby the succession to the Crown might be rendered dubious." Adultery was a serious issue when it came to succession to the crown. Philip IV of France had all three of his daughters-in-law imprisoned, two ( Margaret of Burgundy and Blanche of Burgundy) on the grounds of adultery and the third ( Joan of Burgundy) for being aware of their adulterous behaviour. The two brothers accused of being lovers of the king's daughters-in-law were executed immediately after being arrested. The wife of Philip IV's eldest son bore a daughter, the future Joan II of Navarre
Joan II (french: Jeanne; 28 January 1312 – 6 October 1349) was Queen of Navarre from 1328 until her death. She was the only surviving child of Louis X of France, King of France and Navarre, and Margaret of Burgundy. Joan's paternity was dubiou ...
, whose paternity and succession rights were disputed all her life.
The christianization of Europe
Christianization ( or Christianisation) is to make Christian; to imbue with Christian principles; to become Christian. It can apply to the conversion of an individual, a practice, a place or a whole society. It began in the Roman Empire, conti ...
came to mean that, in theory, and unlike with the Romans, there was supposed to be a single sexual standard, where adultery was a sin and against the teachings of the church, regardless of the sex of those involved. In practice, however, the church seemed to have accepted the traditional double standard which punished the adultery of the wife more harshly than that of the husband.[Web archive link](_blank)
/ref> Among Germanic tribes, each tribe had its own laws for adultery, and many of them allowed the husband to "take the law in his hands" and commit acts of violence against a wife caught committing adultery. In the Middle Ages, adultery in Vienna
en, Viennese
, iso_code = AT-9
, registration_plate = W
, postal_code_type = Postal code
, postal_code =
, timezone = CET
, utc_offset = +1
, timezone_DST ...
was punishable by death through impalement
Impalement, as a method of torture and execution, is the penetration of a human by an object such as a stake, pole, spear, or hook, often by the complete or partial perforation of the torso. It was particularly used in response to "crimes aga ...
. Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
was one of the last Western countries to decriminalize adultery, in 1997.
The '' Encyclopedia of Diderot & d'Alembert'', Vol. 1 (1751) noted the legal double standard from that period, it wrote:
"Furthermore, although the husband who violates conjugal trust is guilty as well as the woman, it is not permitted for her to accuse him, nor to pursue him because of this crime".
Adultery and the law
Historically, many cultures considered adultery a very serious crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
, some subject to severe punishment, especially for the married woman and sometimes for her sex partner, with penalties including capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
, mutilation
Mutilation or maiming (from the Latin: ''mutilus'') refers to Bodily harm, severe damage to the body that has a ruinous effect on an individual's quality of life. It can also refer to alterations that render something inferior, ugly, dysfunction ...
, or torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
. Such punishments have gradually fallen into disfavor, especially in Western countries
The Western world, also known as the West, primarily refers to the various nations and states in the regions of Europe, North America, and Oceania. from the 19th century. In countries where adultery is still a criminal offense, punishments range from fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
s to caning and even capital punishment. Since the 20th century, such laws have become controversial, with most Western countries repealing them.
However, even in jurisdictions that have decriminalised adultery, adultery may still have legal consequences, particularly in jurisdictions with fault-based divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
laws, where adultery almost always constitutes a ground for divorce
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery ...
and may be a factor in property settlement
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce. It may be done by agreement, through a property settlement, or by judicial decree.
Distributio ...
, the custody of children, the denial of alimony
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial sup ...
, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce
In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...
model, but may still be a factor in child custody and property disputes.
International organizations have called for the decriminalising of adultery, especially in the light of several high-profile stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The Torah and Ta ...
cases that have occurred in some countries. The head of the United Nations expert body charged with identifying ways to eliminate laws that discriminate against women or are discriminatory to them in terms of implementation or impact, Kamala Chandrakirana
Kamala (or Nana) Chandrakirana is a feminist human rights activist for justice and democracy from Indonesia. She has been a member of the United Nations Working Group on discrimination against women in law and practice since 2011. She spent over ...
, has stated that: "Adultery must not be classified as a criminal offence at all". A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".
In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia. Most countries that criminalize adultery are those where the dominant religion is Islam, and several Sub-Saharan Africa
Sub-Saharan Africa is, geographically, the area and regions of the continent of Africa that lies south of the Sahara. These include West Africa, East Africa, Central Africa, and Southern Africa. Geopolitically, in addition to the List of sov ...
n Christian-majority countries, but there are some notable exceptions to this rule, namely Philippines and several U.S. states.
Punishment
In jurisdictions where adultery is illegal, punishments vary from fines (for example in the US state of Rhode Island
Rhode Island (, like ''road'') is a state in the New England region of the Northeastern United States. It is the smallest U.S. state by area and the seventh-least populous, with slightly fewer than 1.1 million residents as of 2020, but it ...
) to caning in parts of Asia. In fifteen countries the punishment includes stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The Torah and Ta ...
, although in recent times it has been legally enforced only in Iran and Somalia. Most stoning cases are the result of mob violence
A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Riots typically involve destruction of property, public or private. The property target ...
, and while technically illegal, no action is usually taken against perpetrators. Sometimes such stonings are ordered by informal village leaders who have ''de facto'' power in the community. Adultery may have consequences under civil law even in countries where it is not outlawed by the criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. For instance it may constitute ''fault'' in countries where the divorce law
This article is a general overview of divorce laws around the world. Every nation in the world allows its residents to divorce under some conditions except the Philippines (though Muslims in the Philippines have the right to divorce) and the Vati ...
is fault based or it may be a ground for tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
.
In some jurisdictions, the "intruder" (the third party) is punished, rather than the adulterous spouse. For instance art 266 of the Penal Code of South Sudan reads: "Whoever, has consensual sexual intercourse with a man or woman who is and whom he or she has reason to believe to be the spouse of another person, commits the offence of adultery ... Similarly, under the adultery law in India (Section 497 of the Indian Penal Code, until overturned by the Supreme Court in 2018) it was a criminal offense for a man to have consensual sexual intercourse with a married woman, without the consent of her husband (no party was criminally punished in case of adultery between a married man and an unmarried woman).
Legal issues regarding paternity
Historically, paternity of children born out of adultery has been seen as a major issue. Modern advances such as reliable contraception
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
and paternity testing
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father are in issue and a child ...
have changed the situation (in Western countries). Most countries nevertheless have a legal presumption that a woman's husband is the father of her children who were born during that marriage. Although this is often merely a rebuttable presumption
In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed inn ...
, many jurisdictions have laws which restrict the possibility of legal rebuttal (for instance by creating a legal time limit during which paternity may be challengedsuch as a certain number of years from the birth of the child). Establishing correct paternity may have major legal implications, for instance in regard to inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
.
Children born out of adultery suffered, until recently, adverse legal and social consequences. In France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, for instance, a law that stated that the inheritance rights of a child born under such circumstances were, on the part of the married parent, half of what they would have been under ordinary circumstances, remained in force until 2001, when France was forced to change it by a ruling of the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(ECtHR) (and in 2013, the ECtHR also ruled that the new 2001 regulations must be also applied to children born ''before'' 2001).
There has been, in recent years, a trend of legally favoring the right to a relation between the child and its biological father, rather than preserving the appearances of the 'social' family. In 2010, the ECtHR ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him from seeing the children.
Criticism of adultery laws
Laws against adultery have been named as invasive and incompatible with principles of limited government
In political philosophy, limited government is the concept of a government limited in power. It is a key concept in the history of liberalism.Amy Gutmann, "How Limited Is Liberal Government" in Liberalism Without Illusions: Essays on Liberal Th ...
(see Dennis J. Baker, The Right Not to be Criminalized: Demarcating Criminal Law's Authority (Ashgate) chapter 2). Much of the criticism comes from libertarianism, the consensus among whose adherents is that government must not intrude into daily personal lives and that such disputes are to be settled privately rather than prosecuted
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
and penalized by public entities
A statutory corporation is a government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, thus, they are statutes owned by a government or controlled by national or sub-national government to the (in so ...
. It is also argued that adultery laws are rooted in religious doctrines; which should not be the case for laws in a secular state
A secular state is an idea pertaining to secularity, whereby a State (polity), state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state claims to treat all its citizens ...
.
Historically, in most cultures, laws against adultery were enacted only to prevent women—and not men—from having sexual relations with anyone other than their spouses, with adultery being often defined as sexual intercourse between a married woman and a man other than her husband. Among many cultures the penalty
Penalty or The Penalty may refer to:
Sports
* Penalty (golf)
* Penalty (gridiron football)
* Penalty (ice hockey)
* Penalty (rugby)
* Penalty (rugby union)
* Penalty kick (association football)
* Penalty shoot-out (association football)
A p ...
was—and to this day still is, as noted below—capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. At the same time, men were free to maintain sexual relations with any women (polygyny
Polygyny (; from Neoclassical Greek πολυγυνία (); ) is the most common and accepted form of polygamy around the world, entailing the marriage of a man with several women.
Incidence
Polygyny is more widespread in Africa than in any o ...
) provided that the women did not already have husbands or "owners". Indeed, בעל (ba`al), Hebrew for ''husband'', used throughout the Bible
The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
, is synonymous with ''owner''. These laws were enacted in fear of cuckoldry
A cuckold is the husband of an adulterous wife; the wife of an adulterous husband is a cuckquean. In biology, a cuckold is a male who unwittingly invests parental effort in juveniles who are not genetically his offspring. A husband who is a ...
and thus sexual jealousy
Sexual jealousy is a special form of jealousy in sexual relationships, based on suspected or imminent sexual infidelity. The concept is studied in the field of evolutionary psychology.
Basis
Evolutionary psychologists have suggested that ther ...
. Many indigenous customs, such as female genital mutilation and even menstrual taboo
There are many cultural aspects surrounding how societies view menstruation. Different cultures view menstruation in different ways. The basis of many conduct norms and communication about menstruation in western industrial societies is the bel ...
s, have been theorized to have originated as preventive measures against cuckolding. This arrangement has been deplored by many modern intellectuals.
Opponents of adultery laws argue that these laws maintain social norms which justify violence, discrimination and oppression of women; in the form of state sanctioned forms of violence such as stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The Torah and Ta ...
, flogging
Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
or hanging
Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging i ...
for adultery; or in the form of individual acts of violence committed against women by husbands or relatives, such as honor killings
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
, crimes of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
, and beatings. UN Women
The United Nations Entity for Gender Equality and the Empowerment of Women, also known as UN Women, is a United Nations entity working for gender equality and the empowerment of women. UN Women advocates for the rights of women and girls, and focu ...
has called for the decriminalization of adultery.
An argument against the criminal status of adultery is that the resources of the law enforcement are limited, and that they should be used carefully; by investing them in the investigation and prosecution of adultery (which is very difficult) the curbing of serious violent crimes may suffer.
Human rights organizations have stated that legislation on sexual crimes must be based on consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
, and must recognize consent as central, and not trivialize its importance; doing otherwise can lead to legal, social or ethical abuses. Amnesty International, when condemning stoning legislation that targets adultery, among other acts, has referred to "acts which should never be criminalized in the first place, including consensual sexual relations between adults". Salil Shetty, Amnesty International's Secretary General, said: "It is unbelievable that in the twenty-first century some countries are condoning child marriage
Child marriage is a marriage or similar union, formal or informal, between a child under a certain age – typically 18 years – and an adult or another child.
*
*
*
* The vast majority of child marriages are between a female child and a mal ...
and marital rape while others are outlawing abortion, sex outside marriage and same-sex sexual activityeven punishable by death." The
My Body My Rights
' campaign has condemned state control over individual sexual and reproductive decisions; stating "All over the world, people are coerced, criminalized and discriminated against, simply for making choices about their bodies and their lives".
Consequences
General
For various reasons, most couples who marry do so with the expectation of fidelity
Fidelity is the quality of faithfulness or loyalty. Its original meaning regarded duty in a broader sense than the related concept of ''fealty''. Both derive from the Latin word ''fidēlis'', meaning "faithful or loyal". In the City of London fin ...
. Adultery is often seen as a breach of trust and of the commitment that had been made during the act of marriage. Adultery can be emotionally traumatic for both spouses and often results in divorce.
Adultery may lead to ostracization from certain religious or social groups.
Adultery can also lead to feelings of guilt and jealousy in the person with whom the affair is being committed. In some cases, this "third person" may encourage divorce (either openly or subtly). If the cheating spouse has hinted at divorce in order to continue the affair, the third person may feel deceived if that does not happen. They may simply withdraw with ongoing feelings of guilt, carry on an obsession with their lover, may choose to reveal the affair, or in rare cases commit violence or other crimes.
While there is correlation, there is no evidence that divorces ''causes'' children to have struggles in later life.
Sexually transmitted infections
Like any sexual contact, extramarital sex opens the possibility of the introduction of sexually-transmitted diseases (STDs) into a marriage. Since most married couples do not routinely use barrier contraceptive
Safe sex is sexual activity using methods or contraceptive devices (such as condoms) to reduce the risk of transmitting or acquiring sexually transmitted infections (STIs), especially HIV. "Safe sex" is also sometimes referred to as safer se ...
s, STDs can be introduced to a marriage partner by a spouse engaging in unprotected extramarital sex. This can be a public health
Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the det ...
issue in regions of the world where STDs are common, but addressing this issue is very difficult due to legal and social barriersto openly talk about this situation would mean to acknowledge that adultery (often) takes place, something that is taboo in certain cultures, especially those strongly influenced by religion. In addition, dealing with the issue of barrier contraception in marriage in cultures where women have very few rights is difficult: the power of women to negotiate safer sex (or sex in general) with their husbands is often limited. The World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...
(WHO) found that women in violent relations were at increased risk of HIV/AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
, because they found it very difficult to negotiate safe sex with their partners, or to seek medical advice if they thought they have been infected.
Violence
Historically, female adultery often resulted in extreme violence, including murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
(of the woman, her lover, or both, committed by her husband). Today, domestic violence is outlawed in most countries.
Marital infidelity has been used, especially in the past, as a legal defence of provocation
Provocation, provoke or provoked may refer to:
* Provocation (legal), a type of legal defense in court which claims the "victim" provoked the accused's actions
* Agent provocateur, a (generally political) group that tries to goad a desired res ...
to a criminal charge, such as murder or assault. In some jurisdictions, the defence of provocation has been replaced by a partial defence
In legal systems based on common law, a partial defence is a defence that does not completely absolve the defendant of guilt.A
cla ...
or provocation or the behaviour of the victim can be invoked as a mitigating factor
In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...
in sentencing.
In recent decades, feminists and women's rights organizations have worked to change laws and social norms which tolerate crimes of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
against women. UN Women
The United Nations Entity for Gender Equality and the Empowerment of Women, also known as UN Women, is a United Nations entity working for gender equality and the empowerment of women. UN Women advocates for the rights of women and girls, and focu ...
has urged states to review legal defenses of passion and provocation, and other similar laws, to ensure that such laws do not lead to impunity in regard to violence against women
Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls, usually by men or boys. Such violence is often con ...
, stating that "laws should clearly state that these defenses do not include or apply to crimes of "honour", adultery, or domestic assault
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
or murder."
The Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence states that member states should "preclude adultery as an excuse for violence within the family".
Honor killings
Honor killings
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of t ...
are often connected to accusations of adultery. Honor killings continue to be practiced in some parts of the world, particularly (but not only) in parts of South Asia and the Middle East. Honor killings are treated leniently in some legal systems. Honor killings have also taken place in immigrant communities in Europe, Canada and the U.S. In some parts of the world, honor killings enjoy considerable public support: in one survey, 33.4% of teenagers in Jordan's capital city, Amman, approved of honor killings. A survey in Diyarbakir, Turkey, found that, when asked the appropriate punishment for a woman who has committed adultery, 37% of respondents said she should be killed, while 21% said her nose or ears should be cut off.
Until 2009, in Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, it was legal for a husband to kill or injure his wife or his female relatives caught in flagrante delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught ...
committing adultery or other illegitimate sexual acts. The law has changed to allow the perpetrator to only "benefit from the attenuating circumstances, provided that he serves a prison term of no less than two years in the case of killing." Other articles also provide for reduced sentences. Article 192 states that a judge may opt for reduced punishments (such as short-term imprisonment) if the killing was done with an honorable intent. Article 242 says that a judge may reduce a sentence for murders that were done in rage and caused by an illegal act committed by the victim. In recent years, Jordan has amended its Criminal Code to modify its laws which used to offer a complete defense for honor killings.
According to the UN in 2002:
:"The report of the Special Rapporteur ... concerning cultural practices in the family that are violent towards women (E/CN.4/2002/83), indicated that honour killings had been reported in Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
, Jordan
Jordan ( ar, الأردن; tr. ' ), officially the Hashemite Kingdom of Jordan,; tr. ' is a country in Western Asia. It is situated at the crossroads of Asia, Africa, and Europe, within the Levant region, on the East Bank of the Jordan Rive ...
, Lebanon
Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus li ...
, Morocco
Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to ...
, Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, the Syrian Arab Republic, Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
, Yemen
Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
, and other Mediterranean and Persian Gulf countries, and that they had also taken place in western countries such as France, Germany and the United Kingdom, within migrant communities."
Crimes of passion
Crimes of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
are often triggered by jealousy, and, according to Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, "have a similar dynamic o honor killings
O, or o, is the fifteenth letter and the fourth vowel letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''o'' (pronounced ), plu ...
in that the women are killed by male family members and the crimes are perceived as excusable or understandable."
Stoning
Stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The Torah and Ta ...
, or lapidation, refers to a form of capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
whereby an organized group throws stones at an individual until the person dies, or the condemned person is pushed from a platform set high enough above a stone floor that the fall would probably result in instantaneous death.
Stoning continues to be practiced today, in parts of the world. Recently, several people have been sentenced to death by stoning after being accused of adultery in Iran, Somalia, Afghanistan, Sudan, Mali, and Pakistan by tribal courts.
Flogging
In some jurisdictions flogging
Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on ...
is a punishment for adultery. There are also incidents of extrajudicial floggings, ordered by informal religious courts. In 2011, a 14-year-old girl in Bangladesh died after being publicly lashed, when she was accused of having an affair with a married man. Her punishment was ordered by villagers under Sharia law.
Violence between the partners of an adulterous couple
Married people who form relations with extramarital partners or people who engage in relations with partners married to somebody else may be subjected to violence in these relations. Because of the nature of adulteryillicit or illegal in many societiesthis type of intimate partner violence may go underreported or may not be prosecuted when it is reported; and in some jurisdictions this type of violence is not covered by the specific domestic violence laws meant to protect persons in legitimate couples.
In fiction
The theme of adultery has been used in many literary works, and has served as a theme for notable books such as ''Anna Karenina
''Anna Karenina'' ( rus, «Анна Каренина», p=ˈanːə kɐˈrʲenʲɪnə) is a novel by the Russian author Leo Tolstoy, first published in book form in 1878. Widely considered to be one of the greatest works of literature ever writt ...
'', ''Madame Bovary
''Madame Bovary'' (; ), originally published as ''Madame Bovary: Provincial Manners'' ( ), is a novel by French writer Gustave Flaubert, published in 1856. The eponymous character lives beyond her means in order to escape the banalities and emp ...
'', '' Lady Chatterley's Lover'', ''The Scarlet Letter
''The Scarlet Letter: A Romance'' is a work of historical fiction by American author Nathaniel Hawthorne, published in 1850. Set in the Puritan Massachusetts Bay Colony during the years 1642 to 1649, the novel tells the story of Hester Prynne, ...
'' and ''Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...
''. It has also been the theme of many movies.
See also
* Adultery in literature
The theme of adultery has been used in a wide range of literature through the ages, and has served as a theme for some notable works such as ''Anna Karenina'' and ''Madame Bovary''. As a theme it brings intense emotions into the foreground, and has ...
* Affair
* Crime of passion
A crime of passion (French: ''crime passionnel''), in popular usage, refers to a violent crime, especially homicide, in which the perpetrator commits the act against someone because of sudden strong impulse such as anger rather than as a premed ...
* Cuckold
* Emotional affair
The term emotional affair describes a type of relationship between people. The term often describes a bond between two people that mimics or matches the closeness and emotional intimacy of a romantic relationship while not being physically cons ...
* Family therapy (Relationship counseling
Couples therapy (also couples' counseling, marriage counseling, or marriage therapy) attempts to improve romantic relationships and resolve interpersonal conflicts.
History
Marriage counseling originated in Germany in the 1920s as part of the eu ...
)
* Fornication
* Honor killing
An honor killing (American English), honour killing (Commonwealth English), or shame killing is the murder of an individual, either an outsider or a member of a family, by someone seeking to protect what they see as the dignity and honor of ...
* Incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
* Incidence of monogamy
Monogamy ( ) is a form of dyadic relationship in which an individual has only one partner during their lifetime. Alternately, only one partner at any one time (serial monogamy) — as compared to the various forms of non-monogamy (e.g., polyg ...
* Jesus and the woman taken in adultery
Jesus and the woman taken in adultery (or the ) is a passage ( pericope) found in John 7:53– 8:11 of the New Testament. It has been the subject of much scholarly discussion.
In the passage, Jesus was teaching in the Second Temple after co ...
* ''MacLennan v MacLennan
MacLennan v MacLennan 1958 S.C. 105; 1958 S.L.T. 12 (Outer House, Court of Session, Scotland) was a civil law case that required the court to determine if artificial insemination constituted adultery.
Mr and Mrs MacLennan were married in August ...
''
* Mistress
Mistress is the feminine form of the English word "master" (''master'' + ''-ess'') and may refer to:
Romance and relationships
* Mistress (lover), a term for a woman who is in a sexual and romantic relationship with a man who is married to a ...
* On-again, off-again relationship
An on-again, off-again relationship (also known as an on–off or off–on relationship) is a form of personal relationship between two persons who keep breaking up only to reconcile afterwards, thus repeating a cycle.
Researcher Kale Monk, an a ...
* Open marriage
Open marriage is a form of non-monogamy in which the partners of a dyadic marriage agree that each may engage in extramarital sexual relationships, without this being regarded by them as infidelity, and consider or establish an open relatio ...
* Polygyny threshold model
The polygyny threshold model is an explanation of polygyny, the mating of one male of a species with more than one female. The model shows how females may gain a higher level of biological fitness by mating with a male who already has a mate. The ...
* Polyamory
Polyamory () is the practice of, or desire for, romantic relationships with more than one partner at the same time, with the informed consent of all partners involved. People who identify as polyamorous may believe in open relationships wi ...
* Sexual jealousy in humans
Sexual jealousy is a special form of jealousy in sexual relationships, based on suspected or imminent sexual infidelity. The concept is studied in the field of evolutionary psychology.
Basis
Evolutionary psychologists have suggested that ther ...
* Swinging
References
Further reading
*
* McCracken, Peggy (1998). ''The romance of adultery: queenship and sexual transgression in Old French literature''. University of Pennsylvania Press. .
* Mathews, J. ''Dating a Married Man: Memoirs from the "Other Women''. 2008. .
Best Practices: Progressive Family Laws in Muslim Countries
(August 2005)
* Moultrup, David J. (1990). Husbands, Wives & Lovers. New York: Guilford Press.
*
*
* Pittman, F. (1989). Private Lies. New York: W. W. Norton Co.
*
* Vaughan, P. (1989). The Monogamy Myth. New York: New Market Press.
* Blow, Adrian J.; Hartnett, Kelley (April 2005). Infidelity in Committed Relationships I: A Methodological Review. Journal of Marital and Family Therapy
INFIDELITY IN COMMITTED RELATIONSHIPS I: A METHODOLOGICAL REVIEW
, ''Journal of Marital & Family Therapy
The ''Journal of Marital and Family Therapy'' is a quarterly peer-reviewed academic journal published by Wiley-Blackwell on behalf of the American Association for Marriage and Family Therapy. The journal was established in 1975. The current edito ...
'' , Find Articles at BNET at www.findarticles.com
* Blow, Adrian J; Hartnett, Kelley (April 2005). Infidelity in Committed Relationships II: A Substantive Review. Journal of Marital and Family Therapy
INFIDELITY IN COMMITTED RELATIONSHIPS II: A SUBSTANTIVE REVIEW , Journal of Marital and Family Therapy , Find Articles at BNET
at www.findarticles.com
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Family law
Human sexuality
Love
Extramarital relationships
*
Sexual misconduct
Sex and the law