.svg){kind=small}
| Family law |
|---|
| Family |
Adultery is generally defined as extramarital sex that is or was considered objectionable on social, religious and moral grounds, and which often resulted in legal consequences. Although the sexual activities that can be described as adultery vary, as well as their consequences, the concept is found in many cultures and shares similarities in Judaism, Christianity and Islam.[1] Adultery was and continued to be viewed by many societies as offensive to public morals, and as undermining the "marital" relationship.[2][3]
Historically, many cultures considered adultery a sin and a very serious crime, sometimes subject to severe penalties, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture.[4] In most Western countries during the 19th century, most direct criminal penalties have fallen into disfavor. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing adultery laws. In countries where adultery is still a criminal offense, punishments range from a fine to caning and even capital punishment.[5]
Even in jurisdictions that have repealed adultery laws, adultery may still have legal consequences. For example, in jurisdictions with fault-based divorce laws adultery almost always constitutes a ground for divorce and in some jurisdictions it may be considered in relation to custody of children. Even in jurisdictions with no-fault divorce, adultery may still be a factor in property settlement and the award or denial of alimony.[6][7]
International organizations have called for the repeal of adultery laws,[8][9][10] especially in the light of several high-profile stoning cases that took place in some countries.[11][12] 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".[13] 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".[14]
In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning.[15] There are fifteen[16] countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.[17] Most countries where adultery is a crime are those where the dominant religion is Islam, and several Sub-Saharan African Christian-majority countries, but also in the 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.[18]
- ^ "Adultery". Encyclopædia Britannica Online. Archived from the original on 25 December 2018. Retrieved 12 July 2010.
- ^ 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.
- ^ 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.
- ^ Morgan, Hector Davies (1826). The Doctrine and Law of Marriage, Adultery, and Divorce: Exhibiting a Theological and Practical View... W. Baxter.
- ^ 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.
- ^ Ellman, Mark I. (1996). "The Place of Fault in a Modern Divorce Law". Arizona State Law Journal. 28: 773.
- ^ Bennett, Barbara W.; Bartlett, Katharine T. (1993). "Sex, Lies, and Dissipation: The Discourse of Fault in a No-Fault Era". Georgetown Law Journal. 82: 2525.
- ^ "Morocco: Prison Terms for Adultery | Human Rights Watch". 2 June 2015. Retrieved 25 April 2025.
- ^ "Decriminalization of adultery and defenses". endvawnow.org. Retrieved 25 April 2025.
- ^ "Decriminalizing Adultery in South Sudan". Equality Now. 5 December 2024. Retrieved 25 April 2025.
- ^ Popalzai, Jethro Mullen, Masoud (4 November 2015). "Woman stoned to death in Afghanistan over accusation of adultery". CNN. Retrieved 25 April 2025.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ "Saudi Arabia 'spares' Sri Lankan maid in adultery case". BBC News. 23 December 2015. Retrieved 25 April 2025.
- ^ 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.
- ^ "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.
- ^ 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.
- ^ 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.
- ^ 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.
- ^ See, for example, Treason Act 1351 which still applies.