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Adultery
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From Wikipedia, the free encyclopedia
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This article is about the act of adultery. For the music album, see Adultery (album).
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Family law
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Entering into marriage
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Prenuptial agreement  · Marriage
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Common-law marriage
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Same-sex marriage
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Legal states similar to marriage
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Cohabitation  · Civil union
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Domestic partnership
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Registered partnership
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Dissolution of marriage
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Annulment  · Divorce  · Alimony
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Issues affecting children
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Paternity  · Legitimacy  · Adoption
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Legal guardian  · Ward
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Emancipation of minors
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Parental responsibility
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Contact (including Visitation)
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Residence in English law
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Custody  · Child support
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Areas of possible legal concern
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Spousal abuse  · Child abuse
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Child abduction
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Adultery  · Bigamy  · Incest
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Conflict of Laws Issues
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Marriage  · Nullity  · Divorce
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Adultery is voluntary sexual intercourse between a man and a married woman who is not his spouse. Some legal jurisdictions have defined it as a "crime against marriage",[1] opposed to infidelity.
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Contents [hide]
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1 Definitions
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2 Informal penalties
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3 Legal penalties for adultery
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4 Adultery in selected cultural and religious traditions
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4.1 Historical views
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4.2 Judaism
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4.3 Christianity
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4.4 Islam
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5 See also
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6 Sources and references
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[edit] Definitions
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== Definitions ==
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Although the definition of "adultery" seems to differ in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another.
 
Although the definition of "adultery" seems to differ in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another.
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Close Relationships  
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== Close Relationships ==
 
Affinity • Attachment • Bisexuality • Bonding • Cohabitation • Compersion • Concubinage • Courtship • Divorce • Friendship • Family • Homosexuality • Heterosexuality • Incest • Infatuation • Intimacy • Jealousy • Limerence • Love • Marriage • Monogamy • Nonmonogamy • Passion • Partner • Pederasty • Platonic love • Psychology of Monogamy • Relational aggression • Sexuality • Separation • Widowhood •
 
Affinity • Attachment • Bisexuality • Bonding • Cohabitation • Compersion • Concubinage • Courtship • Divorce • Friendship • Family • Homosexuality • Heterosexuality • Incest • Infatuation • Intimacy • Jealousy • Limerence • Love • Marriage • Monogamy • Nonmonogamy • Passion • Partner • Pederasty • Platonic love • Psychology of Monogamy • Relational aggression • Sexuality • Separation • Widowhood •
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[edit] Informal penalties
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== Informal penalties ==
 
Apart from formal punishment, historically adulterers have suffered from society's disapproving attitudes toward them. The nature of these attitudes vary widely depending on local culture, religion and values, and how seriously the adulterer regards the opinions of others. Often adultery might be overlooked and tacitly accepted by others aware.
 
Apart from formal punishment, historically adulterers have suffered from society's disapproving attitudes toward them. The nature of these attitudes vary widely depending on local culture, religion and values, and how seriously the adulterer regards the opinions of others. Often adultery might be overlooked and tacitly accepted by others aware.
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[edit] Legal penalties for adultery
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== Legal 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 of punishment for adultery is stoning to death.[1]
 
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 of punishment for adultery is stoning to death.[1]
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[edit] Adultery in selected cultural and religious traditions
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== Adultery in selected cultural and religious traditions ==
 
   
 
   
 
Man and woman undergoing public exposure for adultery in Japan, around 1860Main article: Religious views on sexual intercourse
 
Man and woman undergoing public exposure for adultery in Japan, around 1860Main article: Religious views on sexual intercourse
 
For a broad overview, see Religion and sexuality.
 
For a broad overview, see Religion and sexuality.
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[edit] Historical views
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== Historical views ==
 
Historically, adultery was rigorously condemned and punished, usually only as a violation of the husband's rights. Among such peoples the wife was commonly reckoned as the property of her spouse, and adultery was therefore identified with theft. But it was theft of an aggravated kind, as the property which it would spoliate was more highly appraised than other chattels. In some parts of Africa the seducer is punished with the loss of one or both hands, as one who has perpetrated a robbery upon the husband (Reade, Savage Africa, p. 61). It is not the seducer alone who suffers. Dire penalties are visited upon the offending wife by her wronged spouse, and in many instances she is made to endure a bodily mutilation which will, in the mind of the aggrieved husband, prevent her from ever being a temptation to other men again (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; also H.H. Bancroft, The Native Races of the Pacific States of North America, I, 514). If, however, the wronged husband could visit swift and terrible retribution upon the adulterous wife, the latter was allowed no cause against the unfaithful husband; and this discrimination found in the practices of ancient peoples is moreover set forth in nearly all ancient codes of law. The Laws of Manu are striking on this point: in ancient India, "though destitute of virtue or seeking pleasure elsewhere, or devoid of good qualities, yet a husband must be constantly worshipped as a god by a faithful wife"; on the other, hand, "if a wife, proud of the greatness of her relatives or [her own] excellence, violates the duty which she owes to her lord, the king shall cause her to be devoured by dogs in a place frequented by many" (Laws of Manu, V, 154; VIII, 371).
 
Historically, adultery was rigorously condemned and punished, usually only as a violation of the husband's rights. Among such peoples the wife was commonly reckoned as the property of her spouse, and adultery was therefore identified with theft. But it was theft of an aggravated kind, as the property which it would spoliate was more highly appraised than other chattels. In some parts of Africa the seducer is punished with the loss of one or both hands, as one who has perpetrated a robbery upon the husband (Reade, Savage Africa, p. 61). It is not the seducer alone who suffers. Dire penalties are visited upon the offending wife by her wronged spouse, and in many instances she is made to endure a bodily mutilation which will, in the mind of the aggrieved husband, prevent her from ever being a temptation to other men again (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; also H.H. Bancroft, The Native Races of the Pacific States of North America, I, 514). If, however, the wronged husband could visit swift and terrible retribution upon the adulterous wife, the latter was allowed no cause against the unfaithful husband; and this discrimination found in the practices of ancient peoples is moreover set forth in nearly all ancient codes of law. The Laws of Manu are striking on this point: in ancient India, "though destitute of virtue or seeking pleasure elsewhere, or devoid of good qualities, yet a husband must be constantly worshipped as a god by a faithful wife"; on the other, hand, "if a wife, proud of the greatness of her relatives or [her own] excellence, violates the duty which she owes to her lord, the king shall cause her to be devoured by dogs in a place frequented by many" (Laws of Manu, V, 154; VIII, 371).
    
In the Greco-Roman world there were stringent laws against adultery, but this applied to those having sex with a married women. A married man having sex with a slave or an un-married woman was not a crime. The lending of wives practiced among some peoples was, as Plutarch tells us, encouraged also 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 Oration against Neaera, the author of which is uncertain, though it has been attributed to Demosthenes: "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).
 
In the Greco-Roman world there were stringent laws against adultery, but this applied to those having sex with a married women. A married man having sex with a slave or an un-married woman was not a crime. The lending of wives practiced among some peoples was, as Plutarch tells us, encouraged also 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 Oration against Neaera, the author of which is uncertain, though it has been attributed to Demosthenes: "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).
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In the early Roman Law the jus tori belonged to the husband. There was, therefore, no such thing as the crime of adultery on the part of a husband towards his wife. Moreover, this crime was not committed unless one of the parties was a married woman (Dig., XLVIII, ad leg. Jul.). It is well known that 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." (Verus, V).
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In the early Roman Law the "jus tori" belonged to the husband. There was, therefore, no such thing as the crime of adultery on the part of a husband towards his wife. Moreover, this crime was not committed unless one of the parties was a married woman (Dig., XLVIII, ad leg. Jul.). It is well known that 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." (Verus, V).
    
Later in Roman history, as the late 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. This 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" (Codex Justin., Digest, XLVIII, 5-13; Lecky, History of European Morals, II, 313).
 
Later in Roman history, as the late 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. This 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" (Codex Justin., Digest, XLVIII, 5-13; Lecky, History of European Morals, II, 313).
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[edit] Judaism
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== Judaism ==
 
In Judaism, adultery was forbidden in the seventh commandment of the Ten Commandments, but this did not apply to a married man having relations with an unmarried woman. Only a married woman engaging in sexual intercourse with another man counted as adultery, in which case both the woman and the man were considered guilty [4].
 
In Judaism, adultery was forbidden in the seventh commandment of the Ten Commandments, but this did not apply to a married man having relations with an unmarried woman. Only a married woman engaging in sexual intercourse with another man counted as adultery, in which case both the woman and the man were considered guilty [4].
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[edit] Christianity
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== Christianity ==
 
Throughout the Old Testament, adultery is forbidden in the Ten Commandments, and punished by death. In the New Testament, Jesus took a softer stance on adultery, although he preached that it was a sin. In one story (John 8:1-11), some Pharisees brought Jesus a woman accused of committing adultery. After reminding Jesus that her punishment should be stoning, the Pharisees asked Jesus what should be done. Jesus responded, "If any one of you is without sin, let him be the first to throw a stone at her." Jesus forgave the woman and told her not to commit adultery.
 
Throughout the Old Testament, adultery is forbidden in the Ten Commandments, and punished by death. In the New Testament, Jesus took a softer stance on adultery, although he preached that it was a sin. In one story (John 8:1-11), some Pharisees brought Jesus a woman accused of committing adultery. After reminding Jesus that her punishment should be stoning, the Pharisees asked Jesus what should be done. Jesus responded, "If any one of you is without sin, let him be the first to throw a stone at her." Jesus forgave the woman and told her not to commit adultery.
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[edit] Islam
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== Islam ==
 
Main article: Zina (Arabic)
 
Main article: Zina (Arabic)
 
According to Islam, adultery is a violation of a marital contract and one of the major sins. In Islam, adultery includes both pre-marital and extramarital sex. Fornication and adultery are both included in the Arabic word 'Zina'. As they belong primarily to the same category of crimes, entail the same social implications and have the same effects on the spiritual personality of a human being, both, in principle, have been given the same status by the Qur'an.
 
According to Islam, adultery is a violation of a marital contract and one of the major sins. In Islam, adultery includes both pre-marital and extramarital sex. Fornication and adultery are both included in the Arabic word 'Zina'. As they belong primarily to the same category of crimes, entail the same social implications and have the same effects on the spiritual personality of a human being, both, in principle, have been given the same status by the Qur'an.
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[edit] See also
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== See also ==
 
Look up Adultery in Wiktionary, the free dictionary.Adultery in literature  
 
Look up Adultery in Wiktionary, the free dictionary.Adultery in literature  
 
Incidence of Monogamy  
 
Incidence of Monogamy  
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