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Adultery

This article is about the act of adultery or extramarital sex. For other uses, see Adultery (disambiguation). For a broad overview, see Religion and sexuality.

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Adultery 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 consequences, the concept exists in many cultures and shares some similarities in Christianity, Judaism and Islam.[1] Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship.[2][3]

Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture.[4] Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning[5] 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 laws, where adultery almost always constitutes a ground for divorce and may be a factor in property settlement, the custody of children, the denial of alimony, etc. Adultery is not a ground for divorce in jurisdictions which have adopted a no-fault divorce model.[citation needed]

International organizations[which?] have called for the decriminalisation of adultery, especially in the light of several high-profile stoning cases that have occurred in some countries.[which?] 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, has stated that: "Adultery must not be classified as a criminal offence at all".[6] 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".[7]

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning.[8] There are fifteen[9] countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.[10] Most countries that criminalize adultery are those where the dominant religion is Islam, and several Sub-Saharan African 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.[11]

  1. ^ "Adultery". Encyclopædia Britannica Online. Archived from the original on 25 December 2018. Retrieved 12 July 2010.
  2. ^ Sweeney, JoAnn (2014). "Undead Statutes: The Rise, Fall, and Continuing Uses of Adultery and Fornication Criminal Laws" (PDF). Loyola University of Chicago Law Journal. 46 (1): 127. SSRN 2836956 – via Loyola University Chicago.
  3. ^ Weinstein, Jeremy D. (1986). "Adultery, Law, and the State: A History". Hastings Law Journal. 38 (1): 195 – via University of California College of the Law, San Francisco Scholarship Repository.
  4. ^ Morgan, Hector Davies (1826). The Doctrine and Law of Marriage, Adultery, and Divorce: Exhibiting a Theological and Practical View... W. Baxter.
  5. ^ Bachelard, Michael (6 May 2014). "Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged". The Age. Archived from the original on 8 May 2014. Retrieved 7 May 2014.
  6. ^ Deen, Thalif (24 October 2012). "Adultery Laws Unfairly Target Women, U.N. Says". Inter Press Service. Archived from the original on 2 October 2013. Retrieved 28 September 2013.
  7. ^ "Joint Statement by the United Nations Working Group on discrimination against women in law and in practice". Office of the United Nations High Commissioner for Human Rights. 18 October 2012. Archived from the original on 19 December 2013. Retrieved 28 September 2013.
  8. ^ Robinson, B.A. (1 September 2002). "Punishment for adultery in Islam". Ontario Consultants on Religious Tolerance. Archived from the original on 9 January 2015. Retrieved 26 February 2015.
  9. ^ Batha, Emma; Li, Ye (29 September 2013). "Infographic: Stoning - where is it legal?". Thomson Reuters Foundation. Archived from the original on 27 January 2014. Retrieved 26 February 2015.
  10. ^ Redpath, Rhiannon (16 October 2013). "Women Around the World Are Being Stoned to Death. Do You Know the Facts?". Mic. Archived from the original on 26 February 2015. Retrieved 26 February 2015.
  11. ^ See, for example, Treason Act 1351 which still applies.