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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 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.[11]
Overview
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The term adultery refers to sexual acts between a married person and someone who is not that person's spouse.[12][13][14] It may arise in a number of contexts. In criminal law, adultery was a criminal offence in many countries in the past, and is still a crime in some countries today. In family law, adultery may be a ground for divorce,[15] with the legal definition of adultery being "physical contact with an alien and unlawful organ",[16] 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 [children] of an innocent husband ... and to expose him to support and provide for another man's [children]".[17] Thus, the "purity" of the children of a marriage is corrupted, and the inheritance is altered.
In archaic law, there was a common law tort of criminal conversation 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.[citation needed]
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.[18][19]
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.[20]
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 (when a man is married to more than one wife at a time, called polygyny; or when a woman is married to more than one husband at a time, called polyandry).
Definitions and legal constructs
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In the traditional English common law, adultery was a felony. Although the legal definition of adultery differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another.
Traditionally, many cultures, particularly Latin American ones, had strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation.[22][23][24]
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).[25]
The Encyclopedia of Diderot & d'Alembert, Vol. 1 (1751), also equated adultery to theft 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."[26]
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."[27] North Carolina defines adultery as occurring when any man and woman "lewdly and lasciviously associate, bed, and cohabit together."[28] Minnesota law (repealed in 2023)[29] provided: "when a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery."[30] In the 2003 New Hampshire Supreme Court case Blanchflower v. Blanchflower, 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; and thereby an accused wife in a divorce case was found not guilty of adultery. In 2001, Virginia prosecuted an attorney, John R. Bushey, for adultery, a case that ended in a guilty plea and a $125 fine.[31][32] Adultery is against the governing law of the U.S. military.[33]
In common-law countries, adultery was also known as criminal conversation. This became the name of the civil tort arising from adultery, being based upon compensation for the other spouse's injury.[34] Criminal conversation was usually referred to by lawyers as crim. con., and was abolished in England in 1857, and the Republic of Ireland in 1976. Another tort, alienation of affection, arises when one spouse deserts the other for a third person.[35] This act was also known as desertion, which was often a crime as well.[36] A small number of jurisdictions still allow suits for criminal conversation and/or alienation of affection.[37] In the United States, six states still maintain this tort.[38][39]
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 or the swinging lifestyle. Polyamory, 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, 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 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 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.[40] 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 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.[41]
Prevalence
[edit]Durex's Global Sex Survey found that worldwide 22% of people surveyed admitted to have had extramarital sex.[42][43] 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.[44][45]
In the United States Alfred Kinsey found in his studies that 50% of males and 26% of females had extramarital sex at least once during their lifetime.[46] Depending on studies, it was estimated that 22.7% of men and 11.6% of women, had extramarital sex.[47] Other authors say that between 20% and 25% of Americans had sex with someone other than their spouse.[48]
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.[47][49][50]
The Standard Cross-Cultural Sample 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.[51][52]
Cultural and religious traditions
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Greco-Roman world
[edit]In the Greco-Roman world, there were stringent laws against adultery, but these applied to sexual intercourse with a married woman. In the early Roman Law, the jus tori belonged to the husband. It was therefore not illegal for a husband to have sex with a slave or an unmarried woman.[53][54]
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, 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 of Ulpian: "It seems most unfair for a man to require from a wife the chastity he does not himself practice".[55]
According to Plutarch, the lending of wives practiced among some people was also encouraged by Lycurgus, 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, Lex Iulia de Adulteriis Coercendis (17 BC), punished adultery with banishment.[56] The two guilty parties were sent to different islands ("dummodo in diversas insulas relegentur"), and part of their property was confiscated.[56] 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
[edit]Biblical sources
[edit]Both Judaism and Christianity base their injunction against adultery on passages in the Hebrew Bible (Old Testament in Christianity), which firstly prohibits adultery in the Seventh Commandment: "Thou shalt not commit adultery." (Exodus 20:12). However, Judaism and Christianity differ on what actually constitutes adultery.
Leviticus 20:10 defines what constitutes adultery in the Hebrew Bible, and it also prescribes the punishment as capital punishment. In this verse, and in the Jewish tradition, adultery consists of sexual intercourse between a man and a married woman who 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.
Thus, according to the Hebrew Bible, adultery is not committed if the female participant is unmarried (unless she is betrothed to be married[57]), while the marital status of the male participant is irrelevant (he himself could be married or unmarried to another woman).
If a married woman was raped by a man who is not her husband, only the rapist is punished for adultery. The victim is not punished: as the Bible declares, "this matter is similar to when a man rises up against his fellow and murders him"; just as a murder victim is not guilty of murder, a rape victim is not guilty of adultery.[58]
Michael Coogan writes that according to the text wives are the property of their husband, marriage meaning transfer of property (from father to husband),[59] and adultery is violating the property right of the husband.[59] However, in contrast to other ancient Near Eastern law collections which treat adultery as an offense against the husband alone, and allow the husband to waive or mitigate the punishment, 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.[60] In addition, Coogan's book was criticized by Phyllis Trible, who argues that that patriarchy was not decreed, but only described by God.[61] She claims that Paul the Apostle made the same mistake as Coogan.[61]
David's sexual intercourse with Bathsheba, the wife of Uriah, is described by the Bible as a "sin"[62] whose punishment included the ravishment of David's own wives.[63] According to Jennifer Wright Knust, David's act was adultery only according to the spirit and not the letter of the law, because Uriah was non-Jewish, and (according to Knust) the Biblical codes only technically applied to Israelites.[64] However, according to Jacob Milgrom, Jews and resident foreigners received equal protection under Biblical law.[65] In any case, according to the Babylonian Talmud, Uriah was indeed Jewish[66][67] 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.[68][69]
Judaism
[edit]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.[70] A death sentence could be issued only during the period when the Holy Temple stood, and only so long as the Sanhedrin court convened in its chamber within the Temple complex.[71] Technically, therefore, no death penalty can now be applied.[72]
The death penalty for adultery was generally strangulation,[73] except in the case of a woman who was the daughter of a Kohen, which was specifically mentioned in Scripture as the penalty of burning (pouring molten lead down the throat),[74] or a woman who was betrothed but not married, in which case the punishment for both man and woman was stoning.[75]
At the civil level, 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.[76]
According to Judaism, the Seven laws of Noah apply to all of humankind; these laws prohibit adultery to non-Jews as well as Jews.[77]
The extramarital intercourse of a married man is not in itself considered a crime in biblical or later Jewish law;[78][79] it was considered akin to polygyny, which was permitted. Similarly, sexual intercourse between an unmarried man and a woman who was neither married nor betrothed was not considered adultery.[79] 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.[80]
Christianity
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Adultery is considered immoral by Christians and a sin, based primarily on passages like Exodus 20:14 and 1 Corinthians 6:9–10. Although 1 Corinthians 6:11 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 ties fornication with breaking the sixth commandment in its Catechism.[81]
Until a few decades ago,[when?] adultery was a criminal offense in many countries where the dominant religion is Christianity, especially in Roman Catholic countries (for example, in Austria it was a criminal offense until 1997[82]). Adultery was decriminalized in Chile in 1994,[83] Argentina in 1995,[84] Brazil in 2005[85] and Mexico in 2011,[86][87] but in some predominantly Catholic countries, such as the Philippines, it remains illegal.
The Book of Mormon also prohibits adultery. For instance, Abinadi cites the Ten Commandments when he accuses King Noah's priests of sexual immorality.[88] When Jesus Christ visits the Americas he reinforces the law and teaches them the higher law (also found in the New Testament):
- 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.[89]
Some churches such as the Church of Jesus Christ of Latter-day Saints have interpreted "adultery" to include all sexual relationships outside of marriage, regardless of the marital status of the participants.[90] Book of Mormon prophets and civil leaders often list adultery as an illegal activity along with murder, robbing, and stealing.[91]
Islam
[edit]Zina' is an Arabic term for illegal intercourse, premarital or extramarital. Various conditions and punishments have been attributed to adultery. Under Islamic law, 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:[92]
Qur'anic verses prohibiting adultery include:
Do not go near adultery. It is truly a shameful deed and an evil way.
Say, “My Lord has only forbidden open and secret indecencies, sinfulness, unjust aggression, associating ˹others˺ with Allah ˹in worship˺—a practice He has never authorized—and attributing to Allah what you do not know.”
Punishments are reserved to the legal authorities and false accusations are to be punished severely.[93] It has been said that these legal procedural requirements were instituted to protect women from slander 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.[94]
According to a hadith 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.[95] A survey conducted by the Pew Research Center found support for stoning as a punishment for adultery mostly in Arab countries; it was supported in Egypt (82% of respondents in favor of the punishment) and Jordan (70% in favor), as well as Pakistan (82% favor), whereas in Nigeria (56% in favor) and in Indonesia (42% in favor) opinion is more divided, perhaps due to diverging traditions and differing interpretations of Sharia.[96]
Eastern religions
[edit]Hinduism
[edit]The Hindu Sanskrit texts present a range of views on adultery, offering widely differing positions.[97][98] The hymn 4.5.5 of the Rigveda calls adultery as pāpa (evil, sin).[99][100] Other Vedic texts state adultery to be a sin, just like murder, incest, anger, evil thoughts and trickery.[101] The Vedic texts, including the Rigveda, the Atharvaveda and the Upanishads, 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).[97] 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.[97]
Adultery and similar offenses are discussed under one of the eighteen vivādapadas (titles of laws) in the Dharma literature of Hinduism.[102] Adultery is termed as Strisangrahana in dharmasastra texts.[103] These texts generally condemn adultery, with some exceptions involving consensual sex and niyoga (levirate conception) in order to produce an heir.[104][105] 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.[106] In Gautama Dharmasutra, the adulterous arya woman is liable to harsh punishment for the cross-class adultery.[106] While Gautama Dharmasutra reserves the punishment in cases of cross-class adultery, it seems to have been generalized by Vishnu Dharmasastra and Manusmiriti.[107] The recommended punishments in the text also vary between these texts.[107]
The Manusmriti, 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.[108] The Manusmriti does not include adultery as a "grievous sin", but includes it as a "secondary sin" that leads to a loss of caste.[109] 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.[106] Death penalty is mentioned by Manu,[110] as well as "penance" for the sin of adultery.[109][111] even in cases of repeated adultery with a man of the same caste.[112] 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.[113][114] The verse 5.154 of Manusmirti says a woman must constantly worship her husband as a god and be completely faithful even if he commits adultery.[115][116][117][118] 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.[119]
Other dharmasastra texts describe adultery as a punishable crime but offer differing details.[107] 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".[120] Adultery is not a punishable offence if a married man engages in intercourse with woman who doesn't belong to other man and is not a Brahmin, provided the woman is not of higher caste than the man.[121] 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".[122] 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.[123]
In Kamasutra which is not a religious text like Vedas or Puranas but an ancient text on love and sex,[124] Vatsyayana discusses adultery and 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".[125] 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.[126] 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.[123]
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.[98] 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.[127]
According to Carl Olsen, the classical Hindu society considered adultery as a sexual transgression but treated it with a degree of tolerance.[128] It is described as a minor transgression in Naradasmriti and other texts, one that a sincere penance could atone.[128][129] 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.[130]
Other Hindu texts present a more complex model of behavior and mythology where gods commit adultery for various reasons. For example, Krishna commits adultery and the Bhagavata Purana justifies it as something to be expected when Vishnu took a human form, just like sages become uncontrolled.[131] 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.[132] 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.[131] 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.[131] A similar teaching is found in Mahayana Buddhism, states Doniger.[131]
The Linga Purana indicates 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. Sudarshana 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.[133][134]
Buddhism
[edit]Buddhist texts such as Digha Nikāya 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. This idea combines Hindu and Buddhist thoughts then prevalent.[135] Sentient beings 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.[135]
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.[136] 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.[136]
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.[137] 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.[137][138]
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.[139] 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.[140] Other Buddhist texts make no mention of legal punishments for adultery.[139]
Other historical practices
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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.[141][142] Among the Aztecs, wives caught in adultery were occasionally impaled, although the more usual punishment was to be stoned to death.[143]
The Code of Hammurabi, a well-preserved Babylonian law code of ancient Mesopotamia, dating back to about 1772 BC, provided drowning as punishment for adultery.[144]
Amputation of the nose – rhinotomy – was a punishment for adultery among many civilizations, including ancient India, ancient Egypt, among Greeks and Romans, and in Byzantium and among the Arabs.[145]
In the tenth century, the Arab explorer Ibn Fadlan 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."[146]
In medieval Europe, early Jewish law mandated stoning for an adulterous wife and her partner.[147]
In England and its successor states, it has been high treason 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, whose paternity and succession rights were disputed all her life.[148]
The christianization of Europe 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.[149] 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.[149][150] In the Middle Ages, adultery in Vienna was punishable by death through impalement.[151] Austria was one of the last Western countries to decriminalize adultery, in 1997.[152]
The Encyclopedia of Diderot & d'Alembert, Vol. 1 (1751) noted the legal double standard from that period, it wrote:[26]
"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
[edit]
Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, especially for the married woman and sometimes for her sex partner, 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, 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 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, but may still be a factor in child custody and property disputes.
International organizations[which?] have called for the decriminalising 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.
Punishment
[edit]In jurisdictions where adultery is illegal, punishments vary from fines (for example in the US state of Rhode Island[153]) to caning in parts of Asia.[154][155] In fifteen countries[9] the punishment includes stoning, although in recent times it has been legally enforced only in Iran and Somalia.[10] Most stoning cases are the result of mob violence, 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.[156] Adultery may have consequences under civil law even in countries where it is not outlawed by the criminal law. For instance it may constitute fault in countries where the divorce law is fault based or it may be a ground for tort.
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 [...]".[157] 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
[edit]![](Https://upload.wikimedia.org/wikipedia/commons/thumb/9/94/Jana2Navarra_hlava.jpg/250px-Jana2Navarra_hlava.jpg)
Historically, paternity of children born out of adultery has been seen as a major issue. Modern advances such as reliable contraception and paternity testing 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, many jurisdictions have laws which restrict the possibility of legal rebuttal (for instance by creating a legal time limit during which paternity may be challenged – such as a certain number of years from the birth of the child).[158] Establishing correct paternity may have major legal implications, for instance in regard to inheritance.
Children born out of adultery suffered, until recently, adverse legal and social consequences. In France, 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 (ECtHR) (and in 2013, the ECtHR also ruled that the new 2001 regulations must be also applied to children born before 2001).[159]
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.[160]
Criticism of adultery laws
[edit]Laws against adultery have been named as invasive and incompatible with principles of limited government.[citation needed] 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 and penalized by public entities. It is also argued that adultery laws are rooted in religious doctrines; which should not be the case for laws in a secular state.
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,[citation needed] with adultery being often defined as sexual intercourse between a married woman and a man other than her husband.[citation needed] Among many cultures the penalty was—and to this day still is, as noted below—capital punishment. At the same time, men were free to maintain sexual relations with any women (polygyny) provided that the women did not already have husbands or "owners". Indeed, בעל (ba`al), Hebrew for husband, used throughout the Bible, is synonymous with owner. These laws were enacted in fear of cuckoldry and thus sexual jealousy. Many indigenous customs, such as female genital mutilation[161] and even menstrual taboos,[162] 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, flogging or hanging for adultery; or in the form of individual acts of violence committed against women by husbands or relatives, such as honor killings, crimes of passion, and beatings.[19][163] UN Women has called for the decriminalization of adultery.[163]
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.[164]
Human rights organizations have stated that legislation on sexual crimes must be based on consent, 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".[165] Salil Shetty, Amnesty International's Secretary General, said: "It is unbelievable that in the twenty-first century some countries are condoning child marriage and marital rape while others are outlawing abortion, sex outside marriage and same-sex sexual activity – even punishable by death."[166] 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".[167]
Consequences
[edit]General
[edit]For various reasons, most couples who marry do so with the expectation of fidelity. Adultery is often seen as a breach of trust and of the commitment that had been made during the act of marriage.[168] Adultery can be emotionally traumatic for both spouses and often results in divorce.[169]
Adultery may lead to ostracization from certain religious or social groups.[170]
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).[171] 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.[172][173] 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.[174]
There is correlation between divorces and children having struggles in later life.[175]
Sexually transmitted infections
[edit]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 contraceptives,[citation needed] STDs can be introduced to a marriage partner by a spouse engaging in unprotected extramarital sex. This can be a public health issue in regions of the world where STDs are common, but addressing this issue is very difficult due to legal and social barriers – to 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.[176][177][178] The World Health Organization (WHO) found that women in violent relations were at increased risk of HIV/AIDS, 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.[179]
Violence
[edit]![](Https://upload.wikimedia.org/wikipedia/commons/thumb/6/62/Adulteri.jpg/170px-Adulteri.jpg)
Historically, female adultery often resulted in extreme violence, including murder (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 to a criminal charge, such as murder or assault. In some jurisdictions, the defence of provocation has been replaced by a partial defence or provocation or the behaviour of the victim can be invoked as a mitigating factor in sentencing.
In recent decades, feminists and women's rights organizations have worked to change laws and social norms which tolerate crimes of passion against women. UN Women 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, stating that "laws should clearly state that these defenses do not include or apply to crimes of "honour", adultery, or domestic assault or murder."[180]
The Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence[181] states that member states should "preclude adultery as an excuse for violence within the family".
Honor killings
[edit]Honor killings 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.[182] 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.[183] 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.[184]
Until 2009, in Syria, it was legal for a husband to kill or injure his wife or his female relatives caught in flagrante delicto 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."[185] 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.[186] In recent years, Jordan has amended its Criminal Code to modify its laws which used to offer a complete defense for honor killings.[187]
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, Jordan, Lebanon, Morocco, Pakistan, the Syrian Arab Republic, Turkey, Yemen, 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."[188][189]
Crimes of passion
[edit]Crimes of passion are often triggered by jealousy, and, according to Human Rights Watch, "have a similar dynamic [to honor killings] in that the women are killed by male family members and the crimes are perceived as excusable or understandable."[190]
Stoning
[edit]![](Https://upload.wikimedia.org/wikipedia/commons/thumb/0/0c/Schnorr_von_Carolsfeld_Bibel_in_Bildern_1860_201.png/220px-Schnorr_von_Carolsfeld_Bibel_in_Bildern_1860_201.png)
Stoning, or lapidation, refers to a form of capital punishment 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.[191]
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.[192]
Flogging
[edit]In some jurisdictions flogging is a punishment for adultery.[193][194] 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.[195][196]
Violence between the partners of an adulterous couple
[edit]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.[197][198] Because of the nature of adultery – illicit or illegal in many societies – this 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.[199][200]
In fiction
[edit]![](Https://upload.wikimedia.org/wikipedia/commons/thumb/9/9f/Madame_Bovary_1857_%28hi-res%29.jpg/100px-Madame_Bovary_1857_%28hi-res%29.jpg)
The theme of adultery has been used in many literary works, and has served as a theme for notable books such as Anna Karenina, Madame Bovary, Lady Chatterley's Lover, The Scarlet Letter and Adultery. It has also been the theme of many movies.
See also
[edit]References
[edit]- ^ "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.
- ^ a b Morgan, Hector Davies (1826). The Doctrine and Law of Marriage, Adultery, and Divorce: Exhibiting a Theological and Practical View... W. Baxter.
- ^ a b 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.
- ^ a b 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.
- ^ a b "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.
- ^ a b 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.
- ^ a b c 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.
- ^ a b c 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.
- ^ "Adultery - Definition and More from the Free Merriam-Webster Dictionary". Merriam-webster.com. Archived from the original on 14 November 2014. Retrieved 26 February 2015.
- ^ "Adultery | Define Adultery at Dictionary.com". Dictionary.reference.com. Archived from the original on 25 February 2015. Retrieved 26 February 2015.
- ^ "adultery - definition of adultery in English from the Oxford dictionary". Oxforddictionaries.com. Archived from the original on 2 January 2015. Retrieved 26 February 2015.
- ^ "Get a divorce". gov.uk. 5 February 2015. Archived from the original on 12 September 2014. Retrieved 26 February 2015.
- ^ Dworkin, Roger B. (1996). Limits: The Role of the Law in Bioethical Decision Making. Indiana University Press. p. 62. ISBN 978-0-253-33075-8.
- ^ Evans v. Murff, 135 F. Supp. 907, 911 (1955).
- ^ "Africa | Ugandan adultery law 'too sexist'". BBC News. 5 April 2007. Archived from the original on 27 February 2015. Retrieved 26 February 2015.
- ^ a b "Statement by the United Nations Working Group on discrimination against women in law and in practice". ohchr.org. Archived from the original on 6 March 2015.
- ^ Brake, Elizabeth (2013). "Adultery". International Encyclopedia of Ethics. Blackwell Publishing. doi:10.1002/9781444367072.wbiee372. ISBN 9781405186414.
- ^ "KS3 History – Was Anne Boleyn guilty of adultery?". BBC. 15 May 2013. Archived from the original on 29 August 2016. Retrieved 26 February 2015.
- ^ "The Milwaukee Journal – Google News Archive Search". google.com. Archived from the original on 9 March 2016. Retrieved 1 February 2016.
- ^ The Oxford Handbook of Latin American History, edited by Jose C. Moya, p. 387.
- ^ For Tranquility and Order: Family and Community on Mexico's Northern Frontier, 1800–1850, by Laura M. Shelton, pp. 76–87.
- ^ Samuel H. Pillsbury. Judging Evil: Rethinking the Law of Murder and Manslaughter. Retrieved 28 September 2013.
- ^ a b Denis Diderot (Biography), François-Vincent Toussaint (Biography) (18 April 2009). "Adultery". Encyclopedia of Diderot & d'Alembert – Collaborative Translation Project. Archived from the original on 27 February 2015. Retrieved 26 February 2015.
- ^ "New York Penal Law Section 255.17". Archived from the original on 8 December 2002. Retrieved 12 July 2010.
- ^ "North Carolina Statute 14-184". Archived from the original on 25 June 2010. Retrieved 12 July 2010.
- ^ "Minnesota repeals sodomy, fornication, & adultery laws". 19 May 2023.
- ^ "Minnesota Statute section 609.36". Archived from the original on 22 March 2012. Retrieved 12 July 2010.
- ^ Appel, Jacob M. (6 October 2009). "Hate the Husband? Sue the Mistress!". Huffingtonpost.com. Archived from the original on 10 October 2009. Retrieved 12 July 2010.
- ^ Michelle Boorstein (25 August 2004). "Virginia Adultery Case Goes from Notable to Nonevent". The Washington Post. Archived from the original on 12 October 2010. Retrieved 12 July 2010.
- ^ Rod Powers. "Adultery in the Military". about.com. Archived from the original on 28 February 2011. Retrieved 12 July 2010.
- ^ Black's Law Dictionary, 4th ed. 1957.
- ^ Black's Law Dictionary, 4th ed. 1957, citing Young v. Young, 236 Ala. 627, 184 So. 187. 190.
- ^ Black's Law Dictionary.
- ^ "Criminal Conversation: North Carolina Laws and Defense". Haas McNeil & Associates, P.A. Archived from the original on 4 June 2008. Retrieved 12 July 2010.
- ^ Wayne Drash (8 December 2009). "Beware cheaters: Your lover's spouse can sue you - CNN.com". Edition.cnn.com. Archived from the original on 27 February 2015. Retrieved 26 February 2015.
- ^ "740 ILCS 5/ Alienation of Affections Abolition Act". www.ilga.gov. Archived from the original on 1 July 2017. Retrieved 17 February 2016.
- ^ Tina Stowell, Baroness Stowell of Beeston, Lords Spokesperson for Women and Equalities (8–9 July 2013). "The Parliamentary Debates" (PDF). Parliamentary Debates (Hansard). Vol. 747. House of Lords. col. 145–147. "Archived copy" (PDF). Archived from the original on 5 March 2016. Retrieved 9 July 2013.
{{cite web}}
: CS1 maint: archived copy as title (link) CS1 maint: bot: original URL status unknown (link) - ^ Bureau, ABP News. "Supreme Court quashes Section 497, says 'Adultery not a criminal offence'". Archived from the original on 20 September 2020. Retrieved 27 September 2018.
- ^ "The Global Sex Survey 2005". durex.com. Archived from the original on 30 April 2008. Retrieved 12 July 2010.
- ^ "The Global Sex Survey 2005, full report" (PDF). durex.com. Archived from the original (PDF) on 16 February 2008. Retrieved 12 July 2010.
- ^ "Infographic: The world's most adulterous countries". 18 February 2015.
- ^ "List of 10 Most Adulterous Countries in the World, #1 is a Very Religious Country". 22 February 2017.
- ^ "Kinsey Study Data [Research Program]". The Kinsey Institute. Archived from the original on 26 July 2010. Retrieved 12 July 2010.
- ^ a b Wiederman, M. W. (1997). "Extramarital sex: Prevalence and correlates in a national survey". Journal of Sex Research. 34 (2): 167–174. doi:10.1080/00224499709551881. JSTOR 3813564.
- ^ Atkins, D. C.; Baucom, D. H.; Jacobson, N. S. (2001). "Understanding Infidelity: Correlates in a National Random Sample". Journal of Family Psychology. 15 (4): 735–749. doi:10.1037/0893-3200.15.4.735. PMID 11770478. S2CID 20925417.
- ^ Clements, M. (7 August 1994). Sex in America today: A new national survey reveals how our attitudes are changing. Parade Magazine, 4–6.
- ^ Laumann, E. O.; Gagnon, J. H.; Michael, R. T.; Michaels, S. (1994). The social organization of sexuality: Sexual practices in the United States. Chicago: University of Chicago Press. ISBN 978-0-226-46957-7.
- ^ 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 Archived 17 December 2008 at the Wayback Machine. See Variable 170 and Variable 171.
- ^ Murdock, G.P.; White, D.R. (1969). "Standard cross-cultural sample". Ethnology. 8 (4): 329–69. doi:10.2307/3772907. JSTOR 3772907.
- ^ "CATHOLIC ENCYCLOPEDIA: Adultery". newadvent.org. Archived from the original on 4 July 2014. Retrieved 10 May 2014.
- ^ Dig., XLVIII, ad leg. Jul.
- ^ Codex Justin., Digest, XLVIII, 5–13; Lecky, History of European Morals, II, 313.
- ^ a b "The Julian marriage laws". Unrv.com. Archived from the original on 15 May 2011. Retrieved 29 November 2010.
- ^ Deuteronomy 22:23–27
- ^ Deuteronomy 22:26
- ^ a b Coogan, Michael (October 2010). "4. Thou Shalt Not: Forbidden Seuxal Relationships in the Bible". God and Sex. What the Bible Really Says (1st ed.). New York, Boston: Twelve. Hachette Book Group. p. 102-103. ISBN 978-0-446-54525-9. Retrieved 5 May 2011.
- ^ ENCYCLOPAEDIA JUDAICA, "Adultery", Jeffrey H. Tigay
- ^ a b Phyllis Trible God and Sex: What the Bible Really Says Archived 6 August 2012 at the Wayback Machine Biblical Archaeology Review
- ^ 2 Samuel 12:13
- ^ 2 Samuel 12:11–12
- ^ Knust, Jennifer Wright (25 January 2011). "Chapter 2". Unprotected Texts: The Bible's Surprising Contradictions About Sex and Desire. HarperCollins. ISBN 978-0-06-172558-6.
- ^ Jacob Milgrom, The JPS Torah Commentary - Numbers, Jewish Publication Society (2003), p. 399
- ^ Babylonian Talmud, Kiddushin 76b
- ^ "Was Uriah Jewish?". Mi Yodeya. Archived from the original on 21 October 2016. Retrieved 20 October 2016.
- ^ Thompson, John L. (29 May 2007). Reading the Bible with the Dead. Wm. B. Eerdmans Publishing. p. 200. ISBN 9780802807533. Archived from the original on 27 December 2019. Retrieved 21 October 2016.
- ^ "Shabbath 56". Babylonian Talmud. Archived from the original on 17 May 2019. Retrieved 17 May 2019.
- ^ Maimonidies, Book of the Commandments, Prohibition 392 and the note at the end of Prohibition 347, Hebrew translation and notes by Rabbi Joseph Kapach, Mossad Harav Kook, Jerusalem 1971
- ^ Maimonides, Mishneh Torah: Laws of Sanhedrin 14:11
- ^ Talmud Bavli: Ketuvoth 30a,b
- ^ Talmud Bavli: Sanhedrin 52b, towards the bottom
- ^ Leviticus 21:9
- ^ Deuteronomy 22:24.
- ^ The Jewish Way in Love & Marriage, Rabbi Maurice Lamm, Harper & Row, San Francisco,1980
- ^ Maimonides, Mishneh Torah, Judges, Laws of Kings and Wars, Chapter 7 (Shabse Frankel edition, Jerusalem - B'nai B'rak, 5762 (c.2008, copyright 1998))
- ^ Source=ENCYCLOPAEDIA JUDAICA, Second Edition, Volume 15 "Adultery", Jeffrey H. Tigay
- ^ a b Collins, R. F. (1992). "Ten Commandments." In D. N. Freedman (Ed.), The Anchor Yale Bible Dictionary (Vol. 6, p. 386). New York: Doubleday
- ^ "Adultery". www.jewishvirtuallibrary.org. Archived from the original on 2 June 2016. Retrieved 20 September 2016.
- ^ "Catechism of the Catholic Church - The sixth commandment". Vatican.va. 29 October 1951. Archived from the original on 10 September 2002. Retrieved 2 August 2013.
- ^ Reimann, Anna; Freudenreich, Daniel (10 September 2004). "Debatte über Untreue-Gesetz: Noch 1997 drohte Österreichs Ehebrechern Gefängnis". Der Spiegel.
- ^ Women and Democracy: Latin America and Central and Eastern Europe, edited by Jane S. Jaquette, Sharon L. Wolchik, p. 62.
- ^ "Current Legal Framework: Adultery in Argentina". impowr.org. Archived from the original on 7 March 2015. Retrieved 26 February 2015.
- ^ "BRAZIL AND COMPLIANCE WITH CEDAW" (PDF). 1 February 2014. Archived from the original (PDF) on 1 February 2014.
- ^ "El Universal - - Adulterio ya no ser delito". eluniversal.com.mx. 18 June 2013. Archived from the original on 21 October 2014. Retrieved 21 October 2014.
- ^ "Artículo 276 bis - CODIGO PENAL FEDERAL". Archived from the original on 3 December 2013. Retrieved 21 October 2014.
- ^ "Mosiah 13:22". churchofjesuschrist.org. Archived from the original on 21 December 2019. Retrieved 15 July 2019.
- ^ "3 Nephi 12:27". churchofjesuschrist.org. Archived from the original on 24 December 2019. Retrieved 15 July 2019.
- ^ "Guide to the Scriptures: Adultery". churchofjesuschrist.org. Archived from the original on 20 September 2020. Retrieved 2 May 2014.
- ^ "Alma 30:10". churchofjesuschrist.org. Archived from the original on 21 December 2019. Retrieved 15 July 2019.
- ^ "Surah An-Nur 24:1-2 - Towards Understanding the Quran - Quran Translation Commentary - Tafheem ul Quran". www.islamicstudies.info. Retrieved 12 August 2022.
- ^ Online Qur'an Project Chapter 24 Archived 29 January 2009 at the Wayback Machine.
- ^ "American Muslims need to speak out against violations of Islamic Shariah law". Asmasociety.org. Archived from the original on 5 July 2010. Retrieved 12 July 2010.
- ^ Hadith Muslim 17:4192. Also, see the following: Bukhari 6:60:79, Bukhari 83:37, Muslim 17:4196, Muslim 17:4206, Muslim 17:4209, Ibn Ishaq 970.
- ^ "Muslim Publics Divided on Hamas and Hezbollah Retrieved 2011-06-02". Pewglobal.org. 2 December 2010. Archived from the original on 29 September 2013. Retrieved 28 September 2013.
- ^ a b c Wendy Doniger (1995). Lindsey Harlan and Paul B. Courtright (ed.). From the Margins of Hindu Marriage: Essays on Gender, Religion, and Culture. Oxford University Press. pp. 161–165. ISBN 978-0-19-508117-6. Archived from the original on 22 December 2019. Retrieved 22 June 2018.
- ^ a b Clive Lawton; Peggy Morgan (2007). Ethical Issues in Six Religious Traditions. Edinburgh University Press. p. 22. ISBN 978-0-7486-2329-7. Archived from the original on 22 December 2019. Retrieved 9 October 2018., 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."
- ^ Wendy Doniger O'Flaherty (1988). The Origins of Evil in Hindu Mythology. Motilal Banarsidass. pp. 7 with footnote 40. ISBN 978-81-208-0386-2. Archived from the original on 21 December 2019. Retrieved 22 June 2018.
- ^ Stephanie Jamison; Joel Brereton (2014). The Rigveda: 3-Volume Set. Oxford University Press. p. 566. ISBN 978-0-19-972078-1. Archived from the original on 24 December 2018. Retrieved 22 June 2018. Quote, Sanskrit Archived 20 September 2020 at the Wayback Machine: अभ्रातरो न योषणो व्यन्तः पतिरिपो न जनयो दुरेवाः । पापासः सन्तो अनृता असत्या इदं पदमजनता गभीरम् ॥५॥ Translation: "(You) pursuing (it) like brotherless maidens pursuing (men), (you) of evil ways like wives cheating (their) husbands, though being wicked, untruthful, untrue, you begot this deep track"
- ^ Rick F. Talbott (2005). Sacred Sacrifice: Ritual Paradigms in Vedic Religion and Early Christianity. Wipf and Stock Publishers. p. 75. ISBN 978-1-59752-340-0. Archived from the original on 21 December 2019. Retrieved 10 February 2018.
- ^ Rocher, Ludo (2012). Studies in Hindu law and Dharmaśāstra. London New York: Anthem Press. pp. 293–295. ISBN 978-0-85728-550-8. OCLC 816549872.
- ^ Nārada; Richard Wilfred Lariviere (2003). The Nāradasmṛti. Motilal Banarsidass. p. 9. ISBN 978-81-208-1804-0. Archived from the original on 21 December 2019. Retrieved 23 June 2018.
- ^ Wendy Doniger (1995). Lindsey Harlan and Paul B. Courtright (ed.). From the Margins of Hindu Marriage: Essays on Gender, Religion, and Culture. Oxford University Press. pp. 172–174. ISBN 978-0-19-508118-3. Archived from the original on 19 December 2019. Retrieved 26 October 2018.
- ^ Adam Bowles (2007). Dharma, Disorder, and the Political in Ancient India. BRILL Academic. pp. 49–50 with footnote 37, p. 54 with footnote 52. ISBN 978-90-04-15815-3. Archived from the original on 21 December 2019. Retrieved 26 October 2018.
- ^ a b c Stephanie Jamison (2018). Patrick Olivelle and Donald R. Davis (ed.). The Oxford History of Hinduism: Hindu Law: A New History of Dharmaśāstra. Oxford University Press. pp. 139–140. ISBN 978-0-19-870260-3. Archived from the original on 24 December 2019. Retrieved 22 June 2018.
- ^ a b c Rocher, Ludo (2012). Studies in Hindu law and Dharmaśāstra. London New York: Anthem Press. pp. 295–296. ISBN 978-0-85728-550-8. OCLC 816549872.
- ^ Mandagadde Rama Jois (2015). Ancient Indian Law: Eternal Values in Manu Smriti. Universal Law Publishing. pp. 85–86. ISBN 978-81-7534-259-0. Archived from the original on 21 December 2019. Retrieved 16 January 2018.
- ^ a b Patrick Olivelle (2004). The Law Code of Manu. Oxford University Press. pp. 194–195, 289 with notes on 11.177. ISBN 978-0-19-280271-2. Archived from the original on 22 December 2019. Retrieved 8 October 2018.
- ^ Patrick Olivelle (2005). Manu's Code of Law. Oxford University Press. p. 186. ISBN 978-0-19-517146-4. Archived from the original on 20 December 2019. Retrieved 6 October 2018.
- ^ Vibhūti Bhūṣaṇa Miśra (1973). Religious Beliefs and Practices of North India During the Early Mediaeval Period. BRILL. p. 110. ISBN 978-90-04-03610-9. Archived from the original on 23 December 2019. Retrieved 20 October 2018.
- ^ Patrick Olivelle (2004). The Law Code of Manu. Oxford University Press. p. 203. ISBN 978-0-19-280271-2. Archived from the original on 22 December 2019. Retrieved 8 October 2018.
- ^ Wendy Doniger (1994). Ariel Glucklich (ed.). The Sense of Adharma. Oxford University Press. pp. 170–172 with footnote 6, Quote: "Manu says that sex with the wife of an actor is not a sin". ISBN 978-0-19-802448-4. Archived from the original on 21 December 2019. Retrieved 6 October 2018.
- ^ The Laws of Manu. Translated by Wendy Doniger. Penguin. 1991. pp. 190–191. ISBN 978-0-14-044540-4. Archived from the original on 21 December 2019. Retrieved 9 October 2018.
- ^ "The Laws of Manu V". www.sacred-texts.com. Retrieved 10 July 2023.
- ^ "Manusmriti Chapter 5, the laws of Manu, English Translation". Hinduism Facts. Retrieved 10 July 2023.
- ^ Scroll Staff (11 August 2022). "Manusmriti gives respectable position to Indian women, says Delhi HC judge Prathiba M Singh". Scroll.in. Retrieved 10 July 2023.
- ^ "The Laws of Manu and What They Would Mean for Citizens of the Hindu Rashtra". The Wire. Retrieved 10 July 2023.
- ^ Wendy Doniger (1995). Lindsey Harlan and Paul B. Courtright (ed.). From the Margins of Hindu Marriage: Essays on Gender, Religion, and Culture. Oxford University Press. p. 163. ISBN 978-0-19-508117-6. Archived from the original on 22 December 2019. Retrieved 22 June 2018.
- ^ Nārada; Richard Wilfred Lariviere (2003). The Nāradasmṛti. Motilal Banarsidass. p. 391. ISBN 978-81-208-1804-0. Archived from the original on 21 December 2019. Retrieved 23 June 2018.
- ^ JOLLY, JULIUS Tran (1876). Naradiya Dharmasastra of the Institutes of Narada. --, ---, Mraudula Borase. Trubner & Co.- London. p. 89.
- ^ Robert Lingat; J. Duncan M Derrett (1973). The Classical Law of India. University of California Press. pp. 201 with footnote 56, for the text's significance and dating see pp. 104–105, 126–133 with footnotes. ISBN 978-0-520-01898-3. Archived from the original on 22 December 2019. Retrieved 26 October 2018.
- ^ a b Wendy Doniger (2016). Redeeming the Kamasutra. Oxford University Press. pp. 13–14. ISBN 978-0-19-049928-0. Archived from the original on 21 December 2019. Retrieved 6 October 2018.
- ^ "Kamasutra - Was it a part of our religious texts?". www.speakingtree.in. Retrieved 10 July 2023.
- ^ Rocher, Ludo (1985). "The Kāmasūtra: Vātsyāyana's Attitude toward Dharma and Dharmaśāstra". Journal of the American Oriental Society. 105 (3): 527. doi:10.2307/601526. JSTOR 601526.
- ^ Wendy Doniger (1994). Ariel Glucklich (ed.). The Sense of Adharma. Oxford University Press. pp. 170–174. ISBN 978-0-19-802448-4. Archived from the original on 21 December 2019. Retrieved 6 October 2018.
- ^ Kathryn S. K. Hall; Cynthia A. Graham (2012). The Cultural Context of Sexual Pleasure and Problems: Psychotherapy with Diverse Clients. Routledge. p. 173. ISBN 978-1-136-22010-4. Archived from the original on 22 December 2019. Retrieved 6 October 2018.; Quote: "In this [Hinduism] doctrine, sexual matters are not to be legislated but are left to the judgment of those involved, subject to community laws and customs."
- ^ a b Carl Olson (2007). The Many Colors of Hinduism: A Thematic-historical Introduction. Rutgers University Press. pp. 261–262. ISBN 978-0-8135-4068-9. Archived from the original on 23 December 2019. Retrieved 22 June 2018.
- ^ James G. Lochtefeld (2002). The Illustrated Encyclopedia of Hinduism: A-M. The Rosen Publishing Group. p. 11. ISBN 978-0-8239-3179-8.
- ^ Maria Heim (2018). Patrick Olivelle and Donald R. Davis (ed.). The Oxford History of Hinduism: Hindu Law: A New History of Dharmaśāstra. Oxford University Press. pp. 426–427. ISBN 978-0-19-870260-3. Archived from the original on 25 December 2019. Retrieved 22 June 2018.
- ^ a b c d Wendy Doniger O'Flaherty (1988). The Origins of Evil in Hindu Mythology. Motilal Banarsidass. pp. 288–291 with footnotes 83, 89, 101–102. ISBN 978-81-208-0386-2. Archived from the original on 21 December 2019. Retrieved 22 June 2018.
- ^ Tracy Coleman (2018). Mandakranta Bose (ed.). The Oxford History of Hinduism: The Goddess. Oxford University Press. pp. 117–119. ISBN 978-0-19-107968-9. Archived from the original on 19 December 2019. Retrieved 22 June 2018.
- ^ Michel Maffesoli, « LA PROSTITUTION COMME « FORME » DE SOCIALITÉ », Cahiers Internationaux de Sociologie, vol. 76, 1984, p. 119–133 ISSN 0008-0276
- ^ Pattanaik, Devdutt (24 April 2003). Indian Mythology: Tales, Symbols, and Rituals from the Heart of the Subcontinent. Inner Traditions. p. 170. ISBN 978-0892818709.
- ^ a b Wendy Doniger O'Flaherty (1988). The Origins of Evil in Hindu Mythology. Motilal Banarsidass Publishers. pp. 33–34, n. 102–103. ISBN 978-81-208-0386-2. Archived from the original on 21 December 2019. Retrieved 22 June 2018.
- ^ a b Peter Harvey (2000). An Introduction to Buddhist Ethics: Foundations, Values and Issues. Cambridge University Press. pp. 71–74. ISBN 978-0-521-55640-8. Archived from the original on 21 December 2019. Retrieved 22 June 2018.
- ^ a b Goldman, Robert P. (1993). "Transsexualism, Gender, and Anxiety in Traditional India". Journal of the American Oriental Society. 113 (3): 377–381. doi:10.2307/605387. ISSN 0003-0279. JSTOR 605387.
- ^ Dharmasena; R Obeyesekere (2001). Portraits of Buddhist Women: Stories from the Saddharmaratnavaliya. State University of New York Press. pp. 213–218. ISBN 978-0-7914-5111-3. Archived from the original on 24 December 2019. Retrieved 26 October 2018.
- ^ a b José Ignacio Cabezón (2017). Sexuality in Classical South Asian Buddhism. Simon & Schuster. pp. 454–455, footnote 1145. ISBN 978-1-61429-368-2. Archived from the original on 22 December 2019. Retrieved 23 June 2018.
- ^ José Ignacio Cabezón (2017). Sexuality in Classical South Asian Buddhism. Simon & Schuster. pp. 44–45, footnotes 79 and 80. ISBN 978-1-61429-368-2. Archived from the original on 22 December 2019. Retrieved 23 June 2018.
- ^ Schoolcraft, Historical and Statistical Information Respecting the History, Condition and Prospects of the Indian Tribes of the United States, I, 236; V, 683, 684, 686.
- ^ H.H. Bancroft, The Native Races of the Pacific States of North America, I, 514.
- ^ ABA aug Journal 1969, p. 738, at Google Books
- ^ "New Page 6". womenintheancientworld.com. Archived from the original on 29 September 2018. Retrieved 5 June 2014.
- ^ Sperati, G (12 November 2014). "Amputation of the nose throughout history". Acta Otorhinolaryngol Ital. 29 (1): 44–50. PMC 2689568. PMID 19609383.
- ^ Aḥmad Ibn Faḍlān, Richard Nelson Frye, Ibn Fadlan's journey to Russia: a tenth-century traveler from Baghad to the Volga River, Markus Wiener Publishers, 2005, p. 34.
- ^ "Historical Context - Origins of Honour Killing / Honour Killing - Worldwide / Honour Killing - In Countries with Islamic Law - Preliminary Examination of so-called Honour Killings in Canada". Justice.gc.ca. 24 September 2013. Archived from the original on 15 February 2015. Retrieved 26 February 2015.
- ^ McCracken, 171.
- ^ a b [1] Web archive link
- ^ Bullough, Vern L. (1997). "Medieval Concepts of Adultery". Arthuriana. 7 (4): 5–15. doi:10.1353/art.1997.0049. JSTOR 27869285. S2CID 159806337.
- ^ "22. März 2005 - Vor 665 Jahren: Wiener Stadtrecht ordnet Pfählen für Ehebrecher an - Zeitgeschichtliches Archiv - WDR.de". wdr.de. 21 March 2005. Archived from the original on 9 August 2014. Retrieved 29 July 2014.
- ^ SPIEGEL ONLINE, Hamburg, Germany (10 September 2004). "Debatte über Untreue-Gesetz: Noch 1997 drohte Österreichs Ehebrechern Gefängnis". SPIEGEL ONLINE. Archived from the original on 25 January 2017. Retrieved 29 July 2014.
- ^ "2012 Rhode Island General Laws :: Title 11 - Criminal Offenses :: Chapter 11-6 - Bigamy and Adultery :: Chapter 11-6-2 - Adultery". Archived from the original on 2 September 2017. Retrieved 2 September 2017.
- ^ "150 women face adultery flogging on Maldives". Independent.co.uk. 22 July 2009. Archived from the original on 26 December 2018. Retrieved 19 September 2017.
- ^ Sterling, Joe. "3 women caned in Malaysia for adultery". CNN.com. Archived from the original on 2 September 2017. Retrieved 2 September 2017.
- ^ Jethro Mullen; Masoud Popalzai (4 November 2015). "Afghan woman stoned to death over adultery accusation". CNN. Archived from the original on 2 September 2017. Retrieved 2 September 2017.
- ^ "Archived copy" (PDF). Archived (PDF) from the original on 28 August 2017. Retrieved 2 September 2017.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Natural Selection in Family Law". Biojuris.com. Archived from the original on 4 March 2016. Retrieved 26 February 2015.
- ^ "HUDOC - European Court of Human Rights". coe.int.
- ^ [2] Archived 26 February 2014 at the Wayback Machine
- ^ "Female genital mutilation" Archived 2 July 2011 at the Wayback Machine, World Health Organization, February 2010.
- ^ Strassman, B.I. (1992). "The function of menstrual taboos among the Dogon: defense against cuckoldry?". Human Nature. 3 (2): 89–131. doi:10.1007/bf02692249. PMID 24222401. S2CID 25712774.
- ^ a b "Decriminalization of adultery and defenses". endvawnow.org. Archived from the original on 10 April 2014. Retrieved 31 March 2014.
- ^ Suffolk law review, The Validity of Criminal Adultery Prohibitions After Lawrence v.Texas; pg. 859 "Lack of enforcement suggests the prevailing view that police resources are better spent elsewhere."[3] Archived 18 April 2014 at the Wayback Machine
- ^ "Amnesty International | Afghanistan: Reject stoning, flogging, amputation and other Taliban-era punishments". Archived from the original on 20 April 2014. Retrieved 4 December 2016.
- ^ "Sexual and reproductive rights under threat worldwide". amnesty.org. Archived from the original on 6 December 2014. Retrieved 8 May 2014.
- ^ "Document - Amnesty International - Amnesty International". amnesty.org. 6 March 2014. Archived from the original on 6 November 2014. Retrieved 4 December 2016.
- ^ "Encyclopædia Britannica Online, "Adultery"". Britannica.com. Archived from the original on 27 April 2011. Retrieved 12 May 2011.
- ^ "About.com Divorce Support, "Why Does Infidelity Often Lead to Divorce?"". About.com. Retrieved 12 May 2011.[permanent dead link]
- ^ "Library : Women as Guardians of Purity". catholicculture.org. Archived from the original on 12 September 2012. Retrieved 12 May 2011.
- ^ "Signs of a Cheating Husband". Beatingjealousy.com. Archived from the original on 5 September 2011. Retrieved 12 May 2011.
- ^ "Are You the Other Woman in an Affair". Essortment.com. Archived from the original on 26 March 2012. Retrieved 12 May 2011.
- ^ "Getting Over an Affair as the Other Woman". Truthaboutdeception.com. Archived from the original on 4 May 2011. Retrieved 12 May 2011.
- ^ "Amy Fisher". trutv.com. Archived from the original on 25 January 2009. Retrieved 12 May 2011.
- ^ "nasponline.org, Divorce: A Parents' Guide for Supporting Children". nasponline.org. Archived from the original on 5 January 2011. Retrieved 12 May 2011.
- ^ Mkandawire, Elizabeth (2012). Socialisation of Malawian women and the negotiation of safe sex (Master's thesis). University of Pretoria. hdl:2263/30079.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 27 February 2014. Retrieved 21 February 2014.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Langen, TT (2005). "Gender power imbalance on women's capacity to negotiate self-protection against HIV/AIDS in Botswana and South Africa". Afr Health Sci. 5 (3): 188–97. PMC 1831928. PMID 16245988.
- ^ "Archived copy" (PDF). Archived (PDF) from the original on 25 October 2013. Retrieved 21 February 2014.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Decriminalization of adultery and defenses".
- ^ Council of Europe, Committee of Ministers, Plenary. "Committee of Ministers - on the protection of women against violence".
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ According to the report of the Special Rapporteur submitted to the 58th session of the United Nations Commission on Human Rights (2002) concerning cultural practices in the family that reflect violence against women (E/CN.4/2002/83): The Special Rapporteur indicated that there had been contradictory decisions with regard to the honour defense in Brazil, and that legislative provisions allowing for partial or complete defense in that context could be found in the penal codes of Argentina, Ecuador, Egypt, Guatemala, Iran, Israel, Jordan, Peru, Syria, Venezuela and the Palestinian National Authority.[4] Archived 25 March 2009 at the Wayback Machine
- ^ Maher, Ahmed (20 June 2013). "Many Jordan teenagers 'support honour killings'". BBC News. Archived from the original on 18 August 2018. Retrieved 21 June 2018.
- ^ "BBC NEWS - Europe - 'Honour' crime defiance in Turkey". bbc.co.uk. 19 October 2005. Archived from the original on 30 April 2019. Retrieved 28 August 2014.
- ^ "The Secretary General's database on violence against women". Sgdatabase.unwomen.org. 29 May 2012. Archived from the original on 16 April 2013. Retrieved 28 September 2013.
- ^ "Syria: No Exceptions for Honor Killings". Human Rights Watch. 28 July 2009. Archived from the original on 6 January 2012. Retrieved 8 December 2011.
- ^ "Belief that honour killings are 'justified' still prevalent among Jordan's next generation, study shows". University of Cambridge. 20 June 2013. Archived from the original on 14 December 2019. Retrieved 19 June 2014.
- ^ "Working towards the elimination of crimes against women committed in the name of honour" (PDF). Office of the United Nations High Commissioner for Human Rights. Archived (PDF) from the original on 27 February 2008. Retrieved 8 February 2008.
- ^ "Abu-Ghanem women speak out against serial 'honor killings'". Haaretz. Archived from the original on 25 February 2007. Retrieved 23 February 2007.
- ^ "Thousands of Women Killed for Family "Honor"". nationalgeographic.com. Archived from the original on 5 September 2015. Retrieved 27 September 2014.
- ^ Rapps, Dennis; Weinberg, Lewin (December 1999). "Examining Halcha, Jewish issues and secular law". Jewish Law:Legal briefs. Ira Kasdan. Archived from the original on 5 November 2009. Retrieved 9 October 2009.
- ^ Examples include:
- "Somali woman stoned for adultery". BBC News. 18 November 2009. Archived from the original on 1 October 2010. Retrieved 24 June 2010.
- Robert Tait; Noushin Hoseiny (21 July 2008). "Eight women and a man face stoning in Iran for adultery". The Guardian. London. Archived from the original on 2 September 2013. Retrieved 24 June 2010.
- "Two Men Stoned to Death for Adultery in Iran". Archived 27 May 2013 at the Wayback Machine
- "Taliban 'kill adulterous Afghan couple'". BBC News. 16 August 2010. Archived from the original on 9 July 2018. Retrieved 21 June 2018.
- [5] Woman stoned to death in north Afghanistan | A boulder is then thrown at her head, her burka is soaked in blood, and she collapses inside the hole at the Wayback Machine (archived 2012-01-12)
- Smith, David (31 May 2012). "Sudanese woman sentenced to stoning death over adultery claims". The Guardian. London. Archived from the original on 26 February 2017. Retrieved 16 December 2016.
- [6] Islamists: Two stoned to death for committing adultery in Mali at the Wayback Machine (archived 2012-09-04)
- [7] Pakistani couple face death by stoning threat after conviction for adultery at the Wayback Machine (archived 2017-03-05)
- ^ Vaswani, Karishma (6 August 2010). "Five flogged in Indonesia despite human rights protests". BBC News. Archived from the original on 20 November 2018. Retrieved 21 June 2018.
- ^ Arshiya Khullar (1 May 2014). "Brunei adopts sharia law amid international outcry". CNN. Archived from the original on 8 May 2014. Retrieved 8 May 2014.
- ^ Ethirajan, Anbarasan (2 February 2011). "Four arrested after Bangladesh girl 'lashed to death'". BBC News. Archived from the original on 27 January 2019. Retrieved 21 June 2018.
- ^ Anbarasan, Ethirajan (9 February 2011). "Bangladesh village shaken after lashed girl's death". BBC News. Archived from the original on 5 December 2018. Retrieved 21 June 2018.
- ^ "Wills found guilty of murdering mistress". thestar.com. 31 October 2007. Archived from the original on 3 November 2017. Retrieved 23 August 2017.
- ^ Spencer S. Hsu (22 March 2013). "D.C. officer sentenced to life in prison for killing his mistress and daughter". The Washington Post. Archived from the original on 19 January 2019. Retrieved 23 August 2017.
- ^ "Archived copy" (PDF). Archived (PDF) from the original on 4 March 2016. Retrieved 6 May 2015.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Puerto Rico: Controversial Decision on Domestic Violence · Global Voices". Global Voices. 3 April 2011. Archived from the original on 12 October 2015. Retrieved 29 September 2015.
Further reading
[edit]Media related to Adultery at Wikimedia Commons
- McCracken, Peggy (1998). The romance of adultery: queenship and sexual transgression in Old French literature. University of Pennsylvania Press. ISBN 0-8122-3432-4.
- Mathews, J. Dating a Married Man: Memoirs from the "Other Women. 2008. ISBN 1-4404-5004-8.
- Best Practices: Progressive Family Laws in Muslim Countries (August 2005)
- 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 (3): 361–387. doi:10.1080/00224499209551654.
- Goody, Jack (1956). "A Comparative Approach to Incest and Adultery". The British Journal of Sociology. 7 (4): 286–305. doi:10.2307/586694. JSTOR 586694.
- 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 (3): 311–319. doi:10.1080/00224498609551311.
- 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 | Find Articles at BNET at 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 findarticles.com