adultery

adultery, sexual relations between a married person and someone other than the spouse. Written or customary prohibitions or taboos against adultery constitute part of the marriage code of virtually every society. Indeed, adultery seems to be as universal and, in some instances, as common as marriage.

The Code of Hammurabi (18th century bc) in Babylonia provided a punishment of death by drowning for adultery. In ancient Greece and in Roman law, an offending female spouse could be killed, but men were not severely punished. The Jewish, Islamic, and Christian traditions are all unequivocal in their condemnation of adultery. The culpability of both men and women is more explicitly expressed in the New Testament and the Talmud than in the Old Testament or the Qurʾān. In strict interpretations of Islamic law, or Sharīʿah, men and women are equally liable to harsh punishments for adultery (Arabic: zināʾ; properly, any extramarital sexual intercourse), including death by stoning—a punishment still applied in the early 21st century in some countries, including Iran and Afghanistan.

Because the term adultery implies distinctively Judeo-Christian and Islamic attitudes toward marriage, many contemporary anthropologists are cautious about using it in comparative contexts. There are many societies in which marriage is considered a less-permanent arrangement and in which extramarital sex is less sternly condemned. In other words, attitudes toward adultery vary widely between cultures. Whereas the traditional Senufo and Bambara of West Africa, for example, tacitly condone the honour crime of killing the adulterous female spouse and her companion, among the Kaka in Cameroon a man may have sexual relations with the wives of certain relatives with impunity. Wife lending was long a part of Inuit hospitality. Nonincestuous extramarital relations are permitted by many South Sea island cultures, and among certain Pueblo Indian societies adultery is so common that it is tolerated if kept secret.

Under ancient Hindu law, marriage was an indissoluble sacrament, and not even a wife’s adultery could sever the legal tie and dissolve the marriage act. In the modern Hindu code, divorce can be granted to either offended party if one spouse is living in adultery but not if there are only occasional violations.

In western Europe and North America, adultery was traditionally a ground for divorce. The diffusion of this principle, along with Western notions of egalitarianism and modern expectations of mutual emotional support in marriage, has resulted in unprecedented pressure for equal marital rights for women in traditional African and Southeast Asian societies. In many eastern European countries, adultery does not in itself constitute a ground for divorce; both partners must testify, under the principle of “general breakdown,” that the offense resulted in the decline of those feelings of which marital unity is composed. The concept of marital breakdown was gradually adopted in the United States during the 1970s, when many states began to permit “no-fault” divorces, which do not require an injured party to prove specific misdeeds. Most American states allow couples to divorce on either a fault or a no-fault basis, and many use no-fault divorce exclusively. The shift to no-fault divorce significantly reduced the importance of adultery as an element in divorce proceedings.