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Adultery laws are the laws in various countries that deal with extramarital sex. Historically, many cultures considered adultery a very serious crime , some subject to severe punishment, especially in the case of extramarital sex involving a married woman and a man other than her husband, with penalties including capital punishment , mutilation , or torture. In countries where adultery is still a criminal offense, punishments range from fines to caning [ 2 ] and even capital punishment.
Since the 20th century, criminal laws against adultery have become controversial, with most Western countries repealing them. Most countries that criminalize adultery are those where the dominant religion is Islam , and several sub-Saharan African Christian-majority countries. Notable exceptions to this rule are the Philippines and 17 U. However, even in jurisdictions that have decriminalised adultery, adultery may still have legal consequences, particularly in jurisdictions with fault-based divorce laws, where adultery can constitute 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. The criminal status of adultery has attracted criticism, especially where there are violent penalties.
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".