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Adultery is generally defined as consensual Sexual Intercourse by a Married person with someone other than his or her lawful spouse. In many jurisdictions, an unmarried person who is sexually involved with a married person is also considered an adulterer. The common synonym for adultery is ''' Infidelity ''' as well as '''unfaithfulness''' or in Colloquial Speech , '''cheating'''. It was also known in earlier times by the legalistic term "'''alienation of affection'''". {Link without Title}

The sexual partner of a person committing adultery is often referred to in legal documents (especially Divorce proceedings) as a co-respondent, while the person whose spouse has been unfaithful is often labeled a ''' Cuckold '''; originally, the latter term was applied only to males, but in more recent times women have been characterized in this way too.

A marriage in which both spouses agree that it is acceptable to have sexual relationships with other people is termed Open Marriage and the resulting sexual relationships, though still adulterous, are not treated as such by the spouses. Sometimes only one party in an open marriage will opt to have other sexual relationships, in which case the one who does not do so is referred to as a wittol, sometimes called a "contented cuckold".

There have been other varieties of adultery; in Hawaii before the arrival of Christians , twenty-three different kinds were recognized.


Penalties for adultery


Historically adultery has been subject to severe Sanctions including the Death Penalty and has been grounds for Divorce under fault-based divorce Laws . In some places the method for punishing adultery was traditionally Stoning to death.

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

In many {Link without Title} (see "Honor killings" in "Best Practices").

In the decisions since 1965 relating to privacy and sexual intimacy, and particularly in light of '' Lawrence V. Texas '', which apparently recognized a broad constitutional right of sexual intimacy for consenting adults.

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


Adultery in selected cultures



Ancient Athens


In ancient Athens, the betrayed husband had the right to kill his wife and to punish the offending man as he wished. He was allowed to kill or maim him. Sometimes his limbs or nose were cut off.


Judaism


In Old Testament Judaism a man cannot commit adultery in his own marriage. A married woman engaging in sexual intercourse with another man does count as adultery, and in this case, both the woman and the man are guilty.

According to biblical Halakha , where adultery is forbidden in the seventh commandment, the penalty is stoning for both the man and the woman. In practice, often only divorce was the result.


See also





References

  • Best Practices: Progressive Family Laws in Muslim Countries (August 2005} {Link without Title}

  • Hamowy, Ronald. ''Medicine and the Crimination of Sin: "Self-Abuse" in 19th Century America''. pp2/3 {Link without Title}