Adultery laws

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Adultery laws are the laws in various countries that deal with extramarital sex. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially in the case of extramarital sex involving a married woman and a man other than her husband, with penalties including capital punishment, mutilation, or torture.[1] 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[2] and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing them.

Most countries that criminalize adultery are those where the dominant religion is Islam, and several sub-Saharan African Christian-majority countries. Notable exceptions to this rule are the Philippines and 17 U.S. states (as well as Puerto Rico) although adultery charges are rare in the United States.

However, even in jurisdictions that have decriminalised adultery, adultery may still have legal consequences, particularly in jurisdictions with fault-based divorce laws, where adultery can constitute 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, but may still be a factor in child custody and property disputes.

The criminal status of adultery has attracted criticism, especially where there are violent penalties. 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".[3] 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".[4]

In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning.[5] There are fifteen[6] countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia.[7] Countries which follow very strict versions of Sharia law in their criminal systems include Saudi Arabia, Iran, Brunei, Afghanistan, Sudan, Pakistan, 12 of Nigeria's 36 states (in Northern Nigeria) and Qatar; although these laws are not necessarily enforced.[8] Al-Shabaab, a jihadist fundamentalist group based in East Africa (mainly Somalia) and Yemen also implements an extreme form of Sharia.[8]

  1. ^ The doctrine and law of marriage, adultery, and divorce at Google Books
  2. ^ "Aceh woman, gang-raped by vigilantes for alleged adultery, now to be flogged". The Age. 6 May 2014. Archived from the original on 8 May 2014. Retrieved 7 May 2014.
  3. ^ "IPS – Adultery Laws Unfairly Target Women, U.N. Says | Inter Press Service". Ipsnews.net. 24 October 2012. Archived from the original on 2 October 2013. Retrieved 28 September 2013.
  4. ^ "DisplayNews". Ohchr.org. 18 October 2012. Archived from the original on 19 December 2013. Retrieved 28 September 2013.
  5. ^ "Punishment for adultery in Islam". Religioustolerance.org. Archived from the original on 9 January 2015. Retrieved 26 February 2015.
  6. ^ "INFOGRAPHIC: Stoning - where is it legal?". Trust.org. Archived from the original on 27 January 2014. Retrieved 26 February 2015.
  7. ^ Cite error: The named reference auto was invoked but never defined (see the help page).
  8. ^ a b "Sharia law around the world". 20 August 2021.