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'''Adultery''' is voluntary [[sexual intercourse]] between a married person and one who is not his or her spouse. Some legal jurisdictions have defined it as "crime against marriage",<ref>[[Germany]]: § 1353 Abs. 1 S. 2 [[BGB]]</ref> as opposed to [[infidelity]].

'''Adultery''' is voluntary [[sexual intercourse]] between a married person and one who is not his or her spouse. Some legal jurisdictions have defined it as "crime against marriage", (Germany: § 1353 Abs. 1 S. 2 BGB) as opposed to [[infidelity]].

==Definitions==

==Definitions==

Although the definition of "adultery" differs in nearly every legal system, the common theme is [[Human sexual behavior|sexual relations]] outside of marriage, in one form or another.

Although the definition of "adultery" differs in nearly every legal system, the common theme is [[Human sexual behavior|sexual relations]] outside of marriage, in one form or another.

For example, [[New York (state)|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."<ref>{{cite web

For example, [[New York (state)|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." [https://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS]

| url =http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

[[Minnesota]] defines adultery as: "when a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery".<ref>{{cite web

Adultery was known in earlier times by the legalistic term "criminal conversation" (another term, [[alienation of affection]], is used when one spouse deserts the other for a third person). The term originates not from ''[[adult]]'', which is from [[Latin]] a-dolescere, to grow up, mature, a combination of ''a'', "to", ''dolere'', "work", and the processing combound ''sc''), but from the Latin ''ad-ulterare'' (to commit adultery, adulterate/falsify, a combination of ''ad'', "at", and ''ulter'', "above", "beyond", "opposite", meaning "on the other side of the bond of marriage").<ref>Longman Dictionary of Latin, Berlin 1950</ref>

 

 

Adultery was known in earlier times by the legalistic term "criminal conversation" (another term, [[alienation of affection]], is used when one spouse deserts the other for a third person). The term originates not from ''[[adult]]'', which is from [[Latin]] a-dolescere, to grow up, mature, a combination of ''a'', "to", ''dolere'', "work", and the processing combound ''sc''), but from the Latin ''ad-ulterare'' (to commit adultery, adulterate/falsify, a combination of ''ad'', "at", and ''ulter'', "above", "beyond", "opposite", meaning "on the other side of the bond of marriage"). (Longman Dictionary of Latin, Berlin 1950)

A marriage in which both spouses agree that it is acceptable for either partner to have sexual relationships with other people other than their spouse is a form of [[nonmonogamy]]. The resulting sexual relationships the husband or wife has with other people, although could be considered to be adultery in some legal jurisdictions, are not treated as such by the spouses.

A marriage in which both spouses agree that it is acceptable for either partner to have sexual relationships with other people other than their spouse is a form of [[nonmonogamy]]. The resulting sexual relationships the husband or wife has with other people, although could be considered to be adultery in some legal jurisdictions, are not treated as such by the spouses.

 

Some cultures have a distinguished interpretation of the term [[infidelity]]: in some legal systems, it might be tolerated as long as it does not fit the jurisdiction's legal definition of adultery.

Some cultures have a distinguished interpretation of the term [[infidelity]]: in some legal systems, it might be tolerated as long as it does not fit the jurisdiction's legal definition of adultery.

There is some debate about whether the desire to commit adultery, like the compulsive desire to consume alcohol, results from a mental disorder.<ref>{{cite web

There is some debate about whether the desire to commit adultery, like the compulsive desire to consume alcohol, results from a mental disorder.  (Is Cheating A Mental Disorder-[https://www.ischeatingamentaldisorder.com/])

  | title = Is Cheating A Mental Disorder

| url =http://www.ischeatingamentaldisorder.com/

== Penalties for adultery ==

== Penalties for adultery ==

Historically, adulterers have been subject to severe [[sanctions (law)|sanctions]], including the [[death penalty]], and adultery has been grounds for [[divorce]] under fault-based divorce [[family law|laws]]. In some places, the method of punishment for adultery is [[stoning]] to death.[http://www.7days.ae/2006/06/12/execution-unlikely.html]

Historically, adulterers have been subject to severe [[sanctions (law)|sanctions]], including the [[death penalty]], and adultery has been grounds for [[divorce]] under fault-based divorce [[family law|laws]]. In some places, the method of punishment for adultery is [[stoning]] to death.[https://www.7days.ae/2006/06/12/execution-unlikely.html]

In the original [[Napoleonic Code]], a man could ask to be divorced from his wife if she committed adultery, but the philandery of the husband was not a sufficient motive for divorce unless he had kept his [[concubine]] in the family home.

In the original [[Napoleonic Code]], a man could ask to be divorced from his wife if she committed adultery, but the philandery of the husband was not a sufficient motive for divorce unless he had kept his [[concubine]] in the family home.

In some [[jurisdiction]]s, including [[Korea]], [[Taiwan]] and [[Mexico]], adultery is illegal. In the [[United States]], laws vary from state to state. For example, in [[Pennsylvania]], adultery is technically punishable by 2 years of imprisonment or 18 months of treatment for insanity (for history, see Hamowy) (criminal statute repealed 1972), while in [[Michigan]] the Court of Appeals, the state's second-highest court, ruled that a little-known provision of state criminal law means that adultery carries a potential [[life sentence]].[http://web.archive.org/web/20070206173058/http://freep.com/apps/pbcs.dll/article?AID=/20070115/COL04/701150333] In [[Maryland]], adultery is punishable by a fine of $10. That being said, such statutes are typically considered [[blue law]]s and are rarely, if ever, enforced. In the [[U.S. Military]], adultery is a potential [[court-martial]] offense only if the actions of the accused were "to the prejudice of good order and discipline" or "of a nature to bring discredit upon the armed forces".[http://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm] This law has been applied to cases where both partners were members of the military, particularly where one was in command of the other, or one partner and the other's spouse. The enforceability of criminal sanctions for adultery is questionable in light of [[Supreme Court of the United States|Supreme Court]] decisions since 1965 relating to privacy and sexual intimacy, and particularly in light of ''[[Lawrence v. Texas]]'', which protected the right of privacy for consenting adults.  Because of this, Adultery is generally considered to no longer be illegal in the United States.

In some [[jurisdiction]]s, including [[Korea]], [[Taiwan]] and [[Mexico]], adultery is illegal. In the [[United States]], laws vary from state to state. For example, in [[Pennsylvania]], adultery is technically punishable by 2 years of imprisonment or 18 months of treatment for insanity (for history, see Hamowy) (criminal statute repealed 1972), while in [[Michigan]] the Court of Appeals, the state's second-highest court, ruled that a little-known provision of state criminal law means that adultery carries a potential [[life sentence]].[https://web.archive.org/web/20070206173058/https://freep.com/apps/pbcs.dll/article?AID=/20070115/COL04/701150333] In [[Maryland]], adultery is punishable by a fine of $10. That being said, such statutes are typically considered [[blue law]]s and are rarely, if ever, enforced. In the [[U.S. Military]], adultery is a potential [[court-martial]] offense only if the actions of the accused were "to the prejudice of good order and discipline" or "of a nature to bring discredit upon the armed forces".[https://usmilitary.about.com/od/justicelawlegislation/a/adultery.htm] This law has been applied to cases where both partners were members of the military, particularly where one was in command of the other, or one partner and the other's spouse. The enforceability of criminal sanctions for adultery is questionable in light of [[Supreme Court of the United States|Supreme Court]] decisions since 1965 relating to privacy and sexual intimacy, and particularly in light of ''[[Lawrence v. Texas]]'', which protected the right of privacy for consenting adults.  Because of this, Adultery is generally considered to no longer be illegal in the United States.

In [[Canadian]] law, adultery is defined under the [[Divorce Act]]. Though the written definition sets it as extramarital relations with someone of the opposite sex, the [[Civil Marriage Act]] gave grounds for a [[British Columbia]] judge to strike that definition down. In a 2005 case of a woman filing for divorce, her husband had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.

In [[Canadian]] law, adultery is defined under the [[Divorce Act]]. Though the written definition sets it as extramarital relations with someone of the opposite sex, the [[Civil Marriage Act]] gave grounds for a [[British Columbia]] judge to strike that definition down. In a 2005 case of a woman filing for divorce, her husband had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.

In [[India]]n law, adultery is defined as sex between a man and a woman without the consent of the woman's husband. The man is prosecutable and can be sentenced for up to 5 years (even if he himself was unmarried) whereas the married woman can not be jailed [http://www.helplinelaw.com/docs/criminallaw/adultry.php]. Men have accused of gender discrimination in that women can never be prosecuted for adultery [http://www.rediff.com/news/2003/aug/12adultery.htm]. The National Commission of Women has criticized this British era law of being anti-feminist as it treats women as the property of their husbands and has consequentially recommended deletion of the said law or reducing it to a civil offense, but the Government of India is yet to act [http://www.hindu.com/2006/12/26/stories/2006122603270900.htm]. Extra marital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal [http://timesofindia.indiatimes.com/Cities/CAT_penalises_cop_living_with_lover/articleshow/2786991.cms].

In [[India]]n law, adultery is defined as sex between a man and a woman without the consent of the woman's husband. The man is prosecutable and can be sentenced for up to 5 years (even if he himself was unmarried) whereas the married woman can not be jailed [https://www.helplinelaw.com/docs/criminallaw/adultry.php]. Men have accused of gender discrimination in that women can never be prosecuted for adultery [https://www.rediff.com/news/2003/aug/12adultery.htm]. The National Commission of Women has criticized this British era law of being anti-feminist as it treats women as the property of their husbands and has consequentially recommended deletion of the said law or reducing it to a civil offense, but the Government of India is yet to act [https://www.hindu.com/2006/12/26/stories/2006122603270900.htm]. Extra marital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal [https://timesofindia.indiatimes.com/Cities/CAT_penalises_cop_living_with_lover/articleshow/2786991.cms].

A majority of nations in the [[European Union]], such as [[Austria]], [[the Netherlands]], [[Belgium]], [[Finland]] or [[Sweden]] do not criminally prosecute adultery.

A majority of nations in the [[European Union]], such as [[Austria]], [[the Netherlands]], [[Belgium]], [[Finland]] or [[Sweden]] do not criminally prosecute adultery.

== Adultery in selected cultural or religious traditions ==

== Adultery in selected cultural or religious traditions ==

[[Image:Man and woman undergoing public exposure for adultery in Japan-J. M. W. Silver.jpg|thumb|Man and woman undergoing public exposure for adultery in Japan, around 1860]]

[[Image:Man and woman undergoing public exposure for adultery in Japan-J. M. W. Silver.jpg|frame|<center>Man and woman undergoing public exposure for adultery in Japan, around 1860</center>]]

 

 

=== Historical practices ===

=== Historical practices ===

===Judaism===<!-- This section is linked from [[613 Mitzvot]] -->

===Judaism===<!-- This section is linked from [[613 Mitzvot]] -->

In [[Judaism]], adultery was forbidden in the seventh commandment of the [[Ten Commandments]], but this did not apply to a married man having relations with an unmarried woman. Only a married woman engaging in sexual intercourse with another man was considered to be adultery, in which case both the woman and the man were considered guilty [http://www.studylight.org/enc/isb/view.cgi?word=adultery&search.x=0&search.y=0&search=Lookup&action=Lookup].

In [[Judaism]], adultery was forbidden in the seventh commandment of the [[Ten Commandments]], but this did not apply to a married man having relations with an unmarried woman. Only a married woman engaging in sexual intercourse with another man was considered to be adultery, in which case both the woman and the man were considered guilty [https://www.studylight.org/enc/isb/view.cgi?word=adultery&search.x=0&search.y=0&search=Lookup&action=Lookup].

In the [[Mosaic Law]], as in the old [[Roman Law]], adultery meant only the carnal intercourse of a wife with a man who was not her lawful husband. The intercourse of a married man with a single woman was not considered adultery. The penal statute on the subject, in [[Leviticus]], 20:10, makes this clear: "If any man commit adultery with the wife of another and defile his neighbor's wife, let them be put to death both the adulterer and the adulteress" (see also [[Deuteronomy]] 22:22). This was quite in keeping with the occasional practice of polygamy among the Israelites (which is no longer practiced).

In the [[Mosaic Law]], as in the old [[Roman Law]], adultery meant only the carnal intercourse of a wife with a man who was not her lawful husband. The intercourse of a married man with a single woman was not considered adultery. The penal statute on the subject, in [[Leviticus]], 20:10, makes this clear: "If any man commit adultery with the wife of another and defile his neighbor's wife, let them be put to death both the adulterer and the adulteress" (see also [[Deuteronomy]] 22:22). This was quite in keeping with the occasional practice of polygamy among the Israelites (which is no longer practiced).

===Christianity===

===Christianity===

The position in [[Christianity]], which arose out of [[Judaism]], comes from the [[Torah]], the first five books of the Christian [[Old Testament]]. The Torah explicitly forbids adultery, describing it as an act punishable by death.<ref> {{bibleverse||Leviticus|20:10}}</ref> It is also forbidden by the [[Ten Commandments]], which are considered to be the basis of all [[Jewish Law]].

The position in [[Christianity]], which arose out of [[Judaism]], comes from the [[Torah]], the first five books of the Christian [[Old Testament]]. The Torah explicitly forbids adultery, describing it as an act punishable by death. (Leviticus|20:10) It is also forbidden by the [[Ten Commandments]], which are considered to be the basis of all [[Jewish Law]].

In the accounts of {{bibleverse||Mark|10:11-12}} and {{bibleverse||Luke|16:18}}, Jesus taught that a man who divorces his wife and marries another, has committed adultery. In the account of {{bibleverse||Matthew|5:32}} and {{bibleverse-nb||Matthew|19:9}}, Jesus makes an exception for cases of marital infidelity on the part of the wife.  

In the accounts of Mark 10:11-12 and Luke 16:18, Jesus taught that a man who divorces his wife and marries another, has committed adultery. In the account of Matthew 5:32 and Matthew 19:9, Jesus makes an exception for cases of marital infidelity on the part of the wife.  

In {{bibleverse||Matthew|5:28}}, expresses that adultery is committed in the heart by a man who looks with [[lust]] at a woman, and made no distinction about whether the woman was married or not.  

In Matthew 5:28, expresses that adultery is committed in the heart by a man who looks with [[lust]] at a woman, and made no distinction about whether the woman was married or not.  

The modern [[Catechism of the Catholic Church]] expresses: "''Adultery'' refers to marital infidelity. When two partners, of whom at least one is married to another party, have sexual relations—even transient ones—they commit adultery."<ref>[http://www.usccb.org/catechism/text/pt3sect2chpt2art6.htm Catechism of the Catholic Church, 2380]</ref> It continues on to say that through adultery a person "does injury to the sign of the covenant which the marriage bond is, transgresses the rights of the other spouse, and undermines the institution of marriage by breaking the contract on which it is based." <ref>[http://www.usccb.org/catechism/text/pt3sect2chpt2art6.htm Catechism of the Catholic Church, 2381]</ref>

The modern [[Catechism of the Catholic Church]] expresses: "''Adultery'' refers to marital infidelity. When two partners, of whom at least one is married to another party, have sexual relations—even transient ones—they commit adultery." [https://www.usccb.org/catechism/text/pt3sect2chpt2art6.htm Catechism of the Catholic Church, 2380] It continues on to say that through adultery a person "does injury to the sign of the covenant which the marriage bond is, transgresses the rights of the other spouse, and undermines the institution of marriage by breaking the contract on which it is based." [https://www.usccb.org/catechism/text/pt3sect2chpt2art6.htm Catechism of the Catholic Church, 2381]

===Islam===

===Islam===

 

According to [[Islam]], adultery is a violation of a marital contract and one of the major sins. In Islam; adultery includes sexual intercourse by a married person, man or woman. Fornication and adultery are both included in the Arabic word '[[Zina]]'. As they belong primarily to the same category of crimes, entail the same social implications and have the same effects on the spiritual personality of a human being, both, in principle, have been given the same status by the Qur'an. The [[hadith]] states that the punishment of stoning to death is prescribed for a married person who commits adultery.

According to [[Islam]], adultery is a violation of a marital contract and one of the major sins. In Islam; adultery includes sexual intercourse by a married person, man or woman. Fornication and adultery are both included in the Arabic word '[[Zina]]'. As they belong primarily to the same category of crimes, entail the same social implications and have the same effects on the spiritual personality of a human being, both, in principle, have been given the same status by the Qur'an. The [[hadith]] states that the punishment of stoning to death is prescribed for a married person who commits adultery.

Although, marrying up to 4 wives and many more as "traveling" marriages which may last even 24 hours is not considered an adultery.

Although, marrying up to 4 wives and many more as "traveling" marriages which may last even 24 hours is not considered an adultery.

In [[Pakistan]], adultery has been criminalized by a law called the [[Hudood Ordinance]], which specifies a maximum penalty of [[death penalty|death]], although only [[imprisonment]] and [[corporal punishment]] have ever actually been used. The Ordinance has been particularly controversial because under it a woman making an accusation of [[rape]] must provide extremely strong evidence to avoid being charged under with adultery. The same kinds of laws have been in effect in some other Muslim countries, such as [[Saudi Arabia]]. However, in recent years high-profile rape cases in Pakistan have given the Hudood Ordinance more exposure than similar laws in other countries.<ref>[http://www.dawn.com/2005/07/13/nat2.htm Hudood laws open to change in Pakistan], July 2005</ref> Conviction is only possible with a minimum of four witnesses.

In [[Pakistan]], adultery has been criminalized by a law called the [[Hudood Ordinance]], which specifies a maximum penalty of [[death penalty|death]], although only [[imprisonment]] and [[corporal punishment]] have ever actually been used. The Ordinance has been particularly controversial because under it a woman making an accusation of [[rape]] must provide extremely strong evidence to avoid being charged under with adultery. The same kinds of laws have been in effect in some other Muslim countries, such as [[Saudi Arabia]]. However, in recent years high-profile rape cases in Pakistan have given the Hudood Ordinance more exposure than similar laws in other countries. [https://www.dawn.com/2005/07/13/nat2.htm Hudood laws open to change in Pakistan] Conviction is only possible with a minimum of four witnesses.

Adultery is a [[capital offence]], punishable by stoning, under Iran's [[Sharia|Islamic law]]. Nowadays, Iranian officials are banning stoning because of social objections.

Adultery is a [[capital offence]], punishable by stoning, under Iran's [[Sharia|Islamic law]]. Nowadays, Iranian officials are banning stoning because of social objections.

Proving Adultery under Islam Law can be a very difficult task as Islamic law requires the accuser to produce four eye witnesses to the act of sexual intercourse, each whom should have a good reputation regarding truthfulness and honesty.

Proving Adultery under Islam Law can be a very difficult task as Islamic law requires the accuser to produce four eye witnesses to the act of sexual intercourse, each whom should have a good reputation regarding truthfulness and honesty.

==See also==

==See also==

*'''''[[162:3 The Woman Taken in Adultery|The Woman Taken in Adultery]]'''''

* [[Adultery in literature]]

* [[Swinging]]

==Footnotes==

==Footnotes==

  1. ^ Germany: § 1353 Abs. 1 S. 2 BGB

#Germany: § 1353 Abs. 1 S. 2 BGB

  2. ^ MinnesNew York section 255.17.

#MinnesNew York section 255.17.

  3. ^ North Carolina Statute 14-184.

#North Carolina Statute 14-184.

  4. ^ Minnesota Statute section 609.36.

#Minnesota Statute section 609.36.

  5. ^ Longman Dictionary of Latin, Berlin 1950

#Longman Dictionary of Latin, Berlin 1950

  6. ^ Is Cheating A Mental Disorder.

#Is Cheating A Mental Disorder.

  7. ^ Leviticus 20:10

#Leviticus 20:10

  8. ^ Catechism of the Catholic Church, 2380

#Catechism of the Catholic Church, 2380

  9. ^ Catechism of the Catholic Church, 2381

#Catechism of the Catholic Church, 2381

  10. ^ Hudood laws open to change in Pakistan, July 2005

#Hudood laws open to change in Pakistan, July 2005

== References ==

== References ==

* Best Practices: Progressive Family Laws in Muslim Countries (August 2005} [http://usinfo.state.gov/mena/img/assets/4756/121305_muslim_family_laws.pdf]

* Best Practices: Progressive Family Laws in Muslim Countries (August 2005} [https://usinfo.state.gov/mena/img/assets/4756/121305_muslim_family_laws.pdf]

* Hamowy, Ronald. ''Medicine and the Crimination of Sin: "Self-Abuse" in 19th Century America''. pp2/3 [https://www.mises.org/journals/jls/1_3/1_3_8.pdf]

* Hamowy, Ronald. ''Medicine and the Crimination of Sin: "Self-Abuse" in 19th Century America''. pp2/3 [https://www.mises.org/journals/jls/1_3/1_3_8.pdf]

* Moultrup, David J. (1990). Husbands, Wives & Lovers. New York: Guilford Press.

* Moultrup, David J. (1990). Husbands, Wives & Lovers. New York: Guilford Press.

* Glass, S. P., & Wright, T. L. (1992). Justifications for extramarital relationships: The association between attitudes, behaviors, and gender. [[Journal of Sex Research]], 29, 361-387.

* Glass, S. P., & Wright, T. L. (1992). Justifications for extramarital relationships: The association between attitudes, behaviors, and gender. [[Journal of Sex Research]], 29, 361-387.

* [[Jack Goody]] ''[http://links.jstor.org/sici?sici=0007-1315(195612)7%3A4%3C286%3AACATIA%3E2.0.CO%3B2-M A Comparative Approach to Incest and Adultery]'' The British Journal of Sociology, Vol. 7, No. 4 (Dec., 1956), pp. 286-305 doi:10.2307/586694

* [[Jack Goody]] ''[https://links.jstor.org/sici?sici=0007-1315(195612)7%3A4%3C286%3AACATIA%3E2.0.CO%3B2-M A Comparative Approach to Incest and Adultery]'' The British Journal of Sociology, Vol. 7, No. 4 (Dec., 1956), pp. 286-305 doi:10.2307/586694

* Pittman, F. (1989). Private Lies. New York: W. W. Norton Co.

* Pittman, F. (1989). Private Lies. New York: W. W. Norton Co.

* Rubin, A. M., & Adams, J. R. (1986). Outcomes of sexually open marriages. Journal of Sex Research, 22, 311-319.

* Rubin, A. M., & Adams, J. R. (1986). Outcomes of sexually open marriages. Journal of Sex Research, 22, 311-319.

* Vaughan, P. (1989). The Monogamy Myth. New York: New Market Press.

* Vaughan, P. (1989). The Monogamy Myth. New York: New Market Press.

* Blow, Adrian J, Hartnett, Kelley. (Apr 2005). Infidelity in Committed Relationships I: A Methodological Review. Journal of Marital and Family Therapy. [http://www.findarticles.com/p/articles/mi_qa3658/is_200504/ai_n13641667]

* Blow, Adrian J, Hartnett, Kelley. (Apr 2005). Infidelity in Committed Relationships I: A Methodological Review. Journal of Marital and Family Therapy. [https://www.findarticles.com/p/articles/mi_qa3658/is_200504/ai_n13641667]

* Blow, Adrian J, Hartnett, Kelley. (Apr 2005). Infidelity in Committed Relationships II: A Substantive Review. Journal of Marital and Family Therapy. [http://www.findarticles.com/p/articles/mi_qa3658/is_200504/ai_n13641677]

* Blow, Adrian J, Hartnett, Kelley. (Apr 2005). Infidelity in Committed Relationships II: A Substantive Review. Journal of Marital and Family Therapy. [https://www.findarticles.com/p/articles/mi_qa3658/is_200504/ai_n13641677]

[[Category: General Reference]]

[[Category: General Reference]]

[[Category: Law]]

[[Category: Law]]