Lecture
Marital change , adultery , adultery (fr. Adultère , Latin. Adulter - lecherous) - voluntary sexual intercourse between a married person and a person who is not his or her spouse or spouse.
Despite the fact that in various legal systems, the definition of adultery, that is, adultery, is different, it’s common for all to be the fact that a married person is sexually close to a person outside the marriage.
Voluntary obligations not to have sexual partners on the side were considered generally accepted in most cultures. Very often, adultery was a good reason for the start of divorce proceedings. In some countries with a predominance of social life according to traditional religious dogma for adultery betrayed the death penalty. As a rule, the punishment for women is more severe than for men. Apparently, this is due to the fact that inheritance was historically based on the institute of blood and consanguinity. Thus, the betrayal of his wife led to the insecurity of a man in blood relationship with children [1].
Different modern cultures have different attitudes towards the ethics of extramarital sexual intercourse: some condemn it, while others see this aspect of marriage as normal or appropriate, or organize and protect personal freedom of sexual behavior.
Family relations in Russia are regulated by the Family Code of the Russian Federation (RF IC) [2].
Article 1 of the RF IC guarantees the freedom and voluntariness of the marriage union of a man and a woman, and therefore the freedom of its dissolution, with sufficient protection of the rights of spouses and their children. Situations of divorce in court, when one spouse objects to divorce, are governed by article 22 of the RF IC.
The Family Code does not provide a list of grounds for which the marriage should or may be terminated, introducing the provision that the final decision on the preservation or termination of the marriage relationship remains the personal file of each spouse [3]. Introduction of a detailed list of grounds for divorce is practically very difficult, since each marriage can have its own reasons for discord, and only the spouses themselves can assess their seriousness and sufficiency for a divorce.
At the same time, Articles 92 and 119 of the RF IC provide for the court’s right to release the spouse from alimony for the maintenance of the other spouse in the event of unworthy behavior of the latter in the family.
Other cases where adultery may have a legal meaning are provided for by the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation). Thus, the privileged corpus delicti of crimes provided for in Articles 107 and 113 of the Criminal Code of the Russian Federation (murder and the infliction of serious or moderate bodily harm committed in the heat of passion), for the commission of which criminal penalties are milder than for similar acts in the absence of signs of affect, qualify as a sudden strong emotional excitement, caused, in particular, by the immoral actions of the victim. For other offenses, Article 61 of the Criminal Code of the Russian Federation classifies the amorality of the victim’s behavior, which was the reason for the crime, to be among the circumstances mitigating the criminal punishment of the accused.
In many countries there is a list of reasons [4] for a divorce, which is corrected over time.
According to Napoleon’s Code (French Civil Code), which entered into force on March 21, 1804, the husband could demand from his wife the divorce for adultery, and male adultery could not be a sufficient basis for divorce, unless he brought a mistress into the house.
In the jurisdiction of many third world countries, adultery, like extramarital sex (fornication and adultery), is still subject to the law. Where such harassment is carried out, women are punished much more severely than men, up to stoning. In some countries of the world cases of adultery and adultery are also referred to as cases when a woman was raped. So, for example, things are in Nigeria and Pakistan (2012)].
The Old Testament (Tanach) prohibits adultery (Ex. 20:14; Deut. 5:18), providing for the death penalty (Lev. 20:10) for "adulterer and adulteress", which was not applied in practice [ source not specified 202 days ], due to the difficulty of proving the fact of adultery. Adyulter, precisely as a relationship with a married woman, is forbidden by the Torah, but nowadays even a Jewish man has no opportunity, without violating other aspects of Jewish religious law, to enter into intimate relations with a woman who is not his wife. Jewish law (Halacha) prohibits a man to continue to live with an unfaithful wife, and he must divorce her. According to Judaism, the seven laws of the descendants of Noah, prohibiting sexual relations with someone else's wife, apply to all of humanity.
In the Bible, the term adultery should be distinguished from the broader concept of "fornication", which does not imply the marital status of the person (s) involved. The New Testament, having taken the prohibition in the Ten Commandments (the 7th commandment), condemns adultery (1 Cor. 6: 9-18; Eph. 5: 3-5). Jesus Christ (Matthew 5:28) said: "I tell you that everyone who looks at a woman with lust has already committed adultery with her in his heart." In addition, "anyone who divorces his wife and marries another commits adultery, and everyone who marries a divorced woman commits adultery" (Luke 16:18; Mark. 10: 11-12). The Gospel of John says that Christ forgave a woman accused of adultery (John 8: 1-11). In particular, the Apostolic Rules, Studii and Jerusalem statutes provide for the imposition of strict penance on the person who committed adultery, up to many years of excommunication. With all this, it is precisely adultery that is mentioned in the New Testament as the only exception in the case of the prohibition on the marriage of spouses (Matt. 5:32).
Zina (adultery)
In Islam, any voluntary intercourse of unmarried persons is adultery. If the one who committed the adultery is not married, he is subject to 100 lashes [5], but conditions that make the use of the death penalty almost impossible to practice are stipulated. (In some Muslim states and regions there are violations of this, moreover, unmarried women can be subjected to the death penalty, and not always even for adultery, although this is completely contrary to the Koran and Muhammad's sunnah [6].)
The fact of adultery (in the words of lawyers, you need to see that the “key is in the lock”) should be directly observed by four (minimum) people with an impeccable reputation and enjoying well-deserved authority (roughly speaking, the testimonies of those often accused of lying, the testimony of unreliable or interested people are not accepted by courts (including Sharia) in Islamic countries). If there are discrepancies in the testimony of the witnesses, they will all be subjected to corporal punishment as false witnesses. Any weighty doubt cancels the punishment [7]. Lynching is also prohibited (it is believed that the husband can kill his wife and lover [8], but this is completely contrary to Sunne Muhammad [9], where it is said that Muhammad was unhappy when he was asked about the admissibility of self-righteousness). If a man says that he saw his wife with a lover, but does not provide evidence of adultery, he himself will be punished (80 lashes) [10]. But spouses can swear whether there was adultery or not [11]. If a man blames a woman who is not his wife for adultery and does not provide four witnesses, he will receive a punishment of 80 strokes. A person can himself admit that he has committed adultery, then he is also subjected to the death penalty (stoning). Such cases have been in practice. There is no mention in the Qur'an that one should commit the death penalty to those who committed adultery. [12] According to Sunnah, there is no sin on a person who has been raped (and, accordingly, he is not punished).
The Koran says (meaning): “Do not approach adultery, for it is an abomination and a nasty way” (Surah al-Israh, ayat 32).
According to a study conducted by British biologist, writer and scientific journalist Robin Baker using genetic methods, it was found that 11% of children of Londoners born in marriage were born not from legitimate spouses. In particular, many women, they said, had difficulty recalling sexual contact on the side, even after becoming familiar with the results of genetic expertise [13] [14].
On average, about 8% of fathers in the world raise not their children [15]. Often cited figures of 20-30% of non-native children can be attributed to the systematic error of the observer, because statistics of any center for DNA research does not reflect the whole society, but only those fathers who decided to test their suspicions.
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Interpersonal relationships
Terms: Interpersonal relationships