Ever wondered about adultery and why it is a punishable offense? Adultery is defined as an act of sexual intercourse by a married person with someone other than their spouse. In some countries, adultery is still punishable by death, (Saudi Arabia) while in others it is a criminal offense that can lead to a prison sentence.
Adultery has been a problem in the world since the beginning of time. Society has many different views on adultery, some may say that it's wrong while others believe that if their spouse cheats they should also be allowed to cheat. For this article, I will mainly focus on why society should punish both the man and women for adultery, I mean both parties.
Punishment of Adultery as Per Religion
In Islam, Quran prescribes the punishment:
"The woman and the man guilty of zināʾ (for fornication or adultery),- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment."
— Qur'an, Sura 24 (An-Nur), verse 2
However, in Hadith and Sunnah, it is found that for fornication or adultery, both the adulterer and adulteress are prescribed to be stoned to death. (Hadith, Sahih al Bukhari).
While the Bible does not explicitly state what the punishment for adultery should be, there are verses that suggest that both the man and woman involved should be punished.
"If a man commits adultery with another man's wife--with the wife of his neighbor--both the adulterer and the adulteress must be put to death."
— (Leviticus 20)
Punishment of Adultery In Bangladesh
As per section 497 of The Penal Code, 1860,
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall not be punished as an abettor.
Women As A Way of Amusement
Here this is a perfect example of how our society is built on a male perspective and how we portray women as a medium of amusement. Here the intercourse, which is the subject matter, is mutual. It clearly states that the parties who have entered into a sexual relationship with consent. It also states that a sexual relationship can amount to adultery, without the consent of the husband of the women involved.
In a just society, why women should escape the punishment if it is an act of crime where both parties are responsible. If it is punishable then both parties should be considered as a wrongdoer. It is not like that where a man is defiling a woman by deception. The definition of adultery signifies the concept of consent as a whole. So, where a woman is enjoying/engaging in a sexual relationship with another man, where the woman happens to be married, why the man alone should be liable? I think I have made my point clear.
Marriage as a Binding Contract
As a society, we have come to an age where the value of marriage is being questioned. Issues are rising that are questioning whether or not it should still be considered legal, or if it should even be seen as "marriage" anymore. The one thing that has stood behind the success and security of marriage for so long is the binding contract of marriage, in certain countries.
However, now there are many who look at relationships through the lens of social experiments, trying to find out exactly how much they can get away with in regards to cheating on their partner and lying about what they do when they leave their partner's side; all without any repercussions. It seems like these people aren't happy unless they're unhappy (adding insult to injury, this troubles me greatly).
In Bangladesh marriage and personal matters are governed by personal or religious laws. Like Muslims follow Shariah laws, Hindus follow Hindu personal laws. any crime relating to personal laws can be subject to civil litigations. However, in the case of adultery, it can be an exception. As already referred the in section 497 of the penal code 1860.
According to Muslim personal laws, marriage is not a social or binding contract, though it acts like one. if marriage was a contract or a legal contract, it would have been possible to make one liable for not performing the liabilities which arise from marriage. Conjugal relationships are a major concern in marriage. Here it is being considered as a punishable offense where the bride is engaging in an extramarital affair. To be precise any sexual relationship with any man except for the husband. if marriage was a social contract a binding contract that has contractual liabilities that can make you liable phone for nonperformance of certain liabilities only then such laws (Penal Code 497) could have made slight reasonableness if it has any.
I would not bother to talk about if the state has the right or holds the right to interfere in personal matters/lives of people. I think it is high time we should let go of the ancient common laws which we have been following through centuries. This is only one example where the laws have failed society. There are numerous laws that don't even make any sense whatsoever. Talk about the prohibition of abortion, well it might be a debatable issue whether abortion should be legal or not. But laws like dying declaration or adultery are a shame to the legal system of our country.
I would try to write another part in this regard if I find enough response. Do let me know your opinion, this matters to me a great significance.