This is a brief survey of the five punishments during the Qing dynasty : . The scale of the remittance payments can be gauged from the fact that at the time of the Qianlong Emperor r. These punishments were applied to women for the same crimes as committed by men. From Wikipedia, the free encyclopedia. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. October Learn how and when to remove this template message. The Book of Filial Duty. Autocratic tradition and Chinese politics.
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Retrieved Foreign Broadcast Information Service Last week, I met with several new couples who are in the beginning stages of recovering from an affair. Affairs are so hard on couples to work through, but not impossible. The answer, of course, is different for each situation and couple but generally there are some guidelines:. Many therapists agree that one of the hardest parts of the affair is the secret that occurred between the two who had the affair and from the spouse.
In order to heal that damage, the secret must be revealed. A willingness to talk, no matter how painful, is an important way that trust can be rebuilt. There is nothing that you can ask that I have not or will not answer. Until that happens, those who have been betrayed will find that they cannot let go of the questions and worries. Once questions have been answered then the obsessions can subside.
How Long Must We Continue To Talk About This Affair!?!
The hurt partner should guide the conversation and information flow. He or she will know how much that they can handle at that moment in time. The one who had the affair should be open and honest. While it may feel cruel, it really is not helpful or protective to hide information. Talk about it whenever the hurt partner needs to … for the first few days. After that, find ways to limit the conversation to much smaller amounts of time in order to allow the relationship to heal and recover. Once all of the basic information has been uncovered, it is good to step away from affair talk and focus on rebuilding the friendship.
Alternatives to Punishment
The friendship is what brings couples together in the first place and that is what forms an important part on the path toward healing. In countries where adultery is a criminal offense, punishments range from fines to caning  and even capital punishment. Since the 20th century, criminal laws against adultery have become controversial, with international organizations calling for their abolition, especially in the light of several high-profile stoning cases that have occurred in some countries. 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".
In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. In some jurisdictions, having sexual relations with the king's wife or the wife of his eldest son constitutes treason. The term adultery refers to sexual acts between a married person and someone who is not that person's spouse. For instance, in the United Kingdom, adultery is not a criminal offense, but is a ground for divorce ,  with the legal definition of adultery being "physical contact with an alien and unlawful organ".
The application of the term to the act appears to arise from the idea that "criminal intercourse with a married woman Some adultery laws differentiate based on the sex of the participants, and as a result such laws are often seen as discriminatory, and in some jurisdictions they have been struck down by courts, usually on the basis that they discriminated against women. The term adultery , rather than extramarital sex , implies a moral condemnation of the act; as such it is usually not a neutral term because it carries an implied judgment that the act is wrong. Adultery refers to sexual relations which are not officially legitimized; for example it does not refer to having sexual intercourse with multiple partners in the case of polygamy when a man is married to more than one wife at a time, called polygyny ; or when a woman is married to more than one husband at a time, called polyandry.
In the traditional English common law , adultery was a felony. Although the legal definition of adultery differs in nearly every legal system, the common theme is sexual relations outside of marriage, in one form or another. In archaic law, there was a tort of adultery, called criminal conversation , "conversation" being an old expression for sexual intercourse.
This tort has been abolished in almost all jurisdictions. Traditionally, many cultures, particularly Latin American ones, had strong double standards regarding male and female adultery, with the latter being seen as a much more serious violation. Adultery involving a married woman and a man other than her husband was considered a very serious crime.
In , English Lord Chief Justice John Holt stated that a man having sexual relations with another man's wife was "the highest invasion of property" and claimed, in regard to the aggrieved husband, that "a man cannot receive a higher provocation" in a case of murder or manslaughter. Legal definitions of adultery vary. For example, New York defines an adulterer as a person who "engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Blanchflower , it was held that female same-sex sexual relations did not constitute sexual intercourse, based on a definition from Webster's Third New International Dictionary ; and thereby an accused wife in a divorce case was found not guilty of adultery.
In , Virginia prosecuted an attorney, John R. In common-law countries, adultery was also known as criminal conversation. This became the name of the civil tort arising from adultery, being based upon compensation for the other spouse's injury. Another tort, alienation of affection , arises when one spouse deserts the other for a third person. A marriage in which both spouses agree ahead of time to accept sexual relations by either partner with others is sometimes referred to as an open marriage or the swinging lifestyle.
Polyamory , meaning the practice, desire, or acceptance of intimate relationships that are not exclusive with respect to other sexual or intimate relationships, with knowledge and consent of everyone involved, sometimes involves such marriages. Swinging and open marriages are both a form of non-monogamy , and the spouses would not view the sexual relations as objectionable. However, irrespective of the stated views of the partners, extra-marital relations could still be considered a crime in some legal jurisdictions which criminalize adultery.
In Canada, though the written definition in the Divorce Act refers to extramarital relations with someone of the opposite sex, a British Columbia judge used the Civil Marriage Act in a case to grant a woman a divorce from her husband who had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union. In the United Kingdom, case law restricts the definition of adultery to penetrative sexual intercourse between a man and a woman, no matter the gender of the spouses in the marriage, although infidelity with a person of the same gender can be grounds for a divorce as unreasonable behavior; this situation was discussed at length during debates on the Marriage Same-Sex Couples Bill.
In India, adultery is the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. It was a non-cognizable, non-bailable criminal offence, until the relevant law was overturned by the Supreme Court of India on 27 September Punishments for adultery vary from place to place. Where adultery is illegal, the punishment varies from fines for example in the US state of Rhode Island  to caning in parts of Asia.
Sometimes such stonings are ordered by informal village leaders who have de facto power in the community. For instance it may constitute fault in countries where the divorce law is fault based or it may be a ground for tort. In some societies the law punishes the "intruder", rather than the adulterous spouse. For instance art of the Penal Code of South Sudan reads: "Whoever, has consensual sexual intercourse with a man or woman who is and whom he or she has reason to believe to be the spouse of another person, commits the offence of adultery [ Historically, paternity of children born out of adultery has been seen as a major issue.
Modern advances such as reliable contraception and paternity testing have changed the situation in Western countries. Most countries nevertheless have a legal presumption that a woman's husband is the father of her children who were born during that marriage.
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Children born out of adultery suffered, until recently, adverse legal and social consequences. In France , for instance, a law that stated that the inheritance rights of a child born under such circumstances were, on the part of the married parent, half of what they would have been under ordinary circumstances, remained in force until , when France was forced to change it by a ruling of the European Court of Human Rights ECtHR and in , the ECtHR also ruled that the new regulations must be also applied to children born before There has been, in recent years, a trend of legally favoring the right to a relation between the child and its biological father, rather than preserving the appearances of the 'social' family.
In , the ECtHR ruled in favor of a German man who had fathered twins with a married woman, granting him right of contact with the twins, despite the fact that the mother and her husband had forbidden him from seeing the children. The Standard Cross-Cultural Sample described the occurrence of extramarital sex by gender in over 50 pre-industrial cultures. The occurrence of extramarital sex by men is described as "universal" in 6 cultures, "moderate" in 29 cultures, "occasional" in 6 cultures, and "uncommon" in 10 cultures.
The occurrence of extramarital sex by women is described as "universal" in 6 cultures, "moderate" in 23 cultures, "occasional" in 9 cultures, and "uncommon" in 15 cultures. In the Greco-Roman world , there were stringent laws against adultery, but these applied to sexual intercourse with a married woman. In the early Roman Law , the jus tori belonged to the husband. It was therefore not a crime against the wife for a husband to have sex with a slave or an unmarried woman. 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. Later in Roman history, as William E.
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. 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". According to Plutarch , the lending of wives practiced among some people was also encouraged 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 pseudo-Demosthenic Oration Against Neaera :. Husbands could kill the partners under certain circumstances and were required to divorce adulterous wives. Leviticus prescribes capital punishment for adultery between a man and married woman:. And the man that committeth adultery with another man's wife, even he that committeth adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death. Significantly, the penalty does not extend to sex by an unmarried woman and irrespective of the marital status of the man.
Furthermore, Deuteronomic code prescribes stoning not only for female extramarital sex , but also for female premarital sex in the case where the woman lies about her virginity:. It also prescribes the same for engaged women who lie with another man, under the premise that if she allows the action without protesting, this indicates willingness. Adultery is considered by Christians to be immoral and a sin , based primarily on passages like Exodus and 1 Corinthians — Although 1 Corinthians does say that "and that is what some of you were.
But you were washed", it still acknowledges adultery to be immoral and a sin. Catholicism ties fornication with breaking the sixth commandment in its Catechism. Until a few decades ago, [ when? Adultery was decriminalized in Argentina in ,  and in Brazil in ;  but in some predominantly Catholic countries, such as the Philippines, it remains illegal.
The Book of Mormon also prohibits adultery. For instance, Abinadi cites the Ten Commandments when he accuses King Noah 's priests of sexual immorality. Some churches such as The Church of Jesus Christ of Latter-day Saints have interpreted "adultery" to include all sexual relationships outside of marriage , regardless of the marital status of the participants. Adultery in Judaism is prohibited by the Seventh Commandment, "Thou shalt not commit adultery. Adultery in traditional Judaism applies to both parties, but depends on the marital status of the woman Lev.
Though the Torah prescribes the death penalty for adultery, the legal procedural requirements were very exacting and required the testimony of two eyewitnesses of good character for conviction. The defendant also must have been warned immediately before performing the act. The death penalty for adultery was strangulation,  except in the case of a woman who was the daughter of a Kohain Aaronic priestly caste , which was specifically mentioned by Scripture by the death penalty of burning pouring molten lead down the throat.
At the civil level, however, Jewish law halakha forbids a man to continue living with an adulterous wife, and he is obliged to divorce her. Also, an adulteress is not permitted to marry the adulterer, but, to avoid any doubt as to her status as being free to marry another or that of her children, many authorities say he must give her a divorce as if they were married. According to Judaism, the Seven laws of Noah apply to all of humankind; these laws prohibit adultery with another man's wife.
The Ten Commandments were meant exclusively for Jewish males. Originally this commandment forbade male Israelites from having sexual intercourse with the wife of another Israelite; the prohibition did not extend to their own slaves. Sexual intercourse between an Israelite man, married or not, and a woman who was neither married or betrothed was not considered adultery.
David 's sexual intercourse with Bathsheba , the wife of Uriah, did not count as adultery. Various conditions and punishments have been attributed to adultery. Under Muslim law , adultery in general is sexual intercourse by a person whether man or woman with someone to whom they are not married. Adultery is a violation of the marital contract and one of the major sins condemned by Allah in the Qur'an :.
Punishments are reserved to the legal authorities and false accusations are to be punished severely. According to Muhammad, an unmarried person who commits adultery or fornication is punished by flogging times; a married person will then be stoned to death. The Hindu Sanskrit texts present a range of views on adultery, offering widely differing positions.
Mandagadde Rama Jois translates verse 4. Rape is not considered as adultery for the woman, while the rapist is punished severely. Lesser punishment is recommended for consensual adulterous sex. It recommends a new married couple to remain sexually faithful to each other for life. It also accepts that adulterous relationships happen, children are born from such relationships and then proceeds to reason that the child belongs to the legal husband of the pregnant woman, and not to the biological father. Other dharmasastra texts describe adultery as a punishable crime but offer differing details.
The term adultery in Naradasmriti is not confined to the relationship of a married man with another man's wife. It includes sex with any woman who is protected, including wives, daughters, other relatives, and servants. Adultery is not a punishable offence for a man if "the woman's husband has abandoned her because she is wicked, or he is eunuch, or of a man who does not care, provided the wife initiates it of her own volition", states Indologist Richard Lariviere.
If the offended husband does not forgive, the Arthashastra recommends the adulterous woman's nose and ears be cut off, while her lover be executed. The Kamasutra , states Ludo Rocher , discusses adultery and Vatsyayana devotes "not less than fifteen sutras 1. It also explains the many signs and reasons a woman wants to enter into an adulterous relationship and when she does not want to commit adultery. According to Werner Menski, the Sanskrit texts take a "widely different positions on adultery", with some considering it a minor offense that can be addressed with penance, but others treat it as a severe offense that depending on the caste deserves the death penalty for the man or the woman.
According to Carl Olsen, the classical Hindu society considered adultery as a sexual transgression but treated it with a degree of tolerance. Other Hindu texts present a more complex model of behavior and mythology where gods commit adultery for various reasons. For example, states Wendy Doniger, Krishna commits adultery and the Bhagavata Purana justifies it as something to be expected when Vishnu took a human form, just like sages become uncontrolled. In Hindu texts, this relationship between gopis and Krishna involves secret nightly rendezvous.
Some texts state it to be divine adultery, others as a symbolism of spiritual dedication and religious value. According to Wendy Doniger, this view of adultery as evil is postulated in early Buddhist texts as having originated from greed in a previous life. This idea combines Hindu and Buddhist thoughts then prevalent.
The ugly envy the beautiful and this triggers the ugly to commit adultery with the wives of the beautiful. Like in Hindu mythology , states Doniger, Buddhist texts explain adultery as a result from sexual craving; it initiates a degenerative process. Buddhism considers celibacy as the monastic ideal. For he who feels that he cannot live in celibacy, it recommends that he never commit adultery with another's wife. It should be avoided, state the Buddhist canonical texts. Buddhist Pali texts narrate legends where the Buddha explains the karmic consequences of adultery.
For example, states Robert Goldman, one such story is of Thera Soreyya. There are some differences between the Buddhist texts and the Hindu texts on the identification and consequences of adultery. The term adultery in Naradasmriti is broader in scope than the one in Buddhist sources. In the text, various acts such as secret meetings, exchange of messages and gifts, "inappropriate touching" and a false accusation of adultery, are deemed adulterous, while Buddhist texts do not recognize these acts under adultery. In some Native American cultures, severe penalties could be imposed on an adulterous wife by her husband.
In many instances she was made to endure a bodily mutilation which would, in the mind of the aggrieved husband, prevent her from ever being a temptation to other men again. The Code of Hammurabi , a well-preserved Babylonian law code of ancient Mesopotamia , dating back to about BC, provided drowning as punishment for adultery. In the tenth century, the Arab explorer Ibn Fadlan noted that adultery was unknown among the pagan Oghuz Turks.
Ibn Fadlan writes that "adultery is unknown among them; but whomsoever they find by his conduct that he is an adulterer, they tear him in two. This comes about so: they bring together the branches of two trees, tie him to the branches and then let both trees go, so that he is torn in two.
In medieval Europe, early Jewish law mandated stoning for an adulterous wife and her partner.
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In England and its successor states, it has been high treason to engage in adultery with the King's wife, his eldest son's wife and his eldest unmarried daughter. The jurist Sir William Blackstone writes that "the plain intention of this law is to guard the Blood Royal from any suspicion of bastardy, whereby the succession to the Crown might be rendered dubious. Philip IV of France had all three of his daughters-in-law imprisoned, two Margaret of Burgundy and Blanche of Burgundy on the grounds of adultery and the third Joan of Burgundy for being aware of their adulterous behaviour.
The two brothers accused of being lovers of the king's daughters-in-law were executed immediately after being arrested. The wife of Philip IV's eldest son bore a daughter, the future Joan II of Navarre , whose paternity and succession rights were disputed all her life. The christianization of Europe came to mean that, in theory, and unlike with the Romans, there was supposed to be a single sexual standard, where adultery was a sin and against the teachings of the church, regardless of the sex of those involved.
In practice, however, the church seemed to have accepted the traditional double standard which punished the adultery of the wife more harshly than that of the husband. Adultery is a crime in Taiwan  and the Philippines. Previously, adultery was criminalized in , and violators were subject to two years in prison, with the aim of protecting women from divorce. The law was overturned because the court found that adultery is a private matter which the state should not intervene in. In Pakistan , adultery is a crime under the Hudood Ordinance , promulgated in The Ordinance sets a maximum penalty of death.
The Ordinance has been particularly controversial because it requires a woman making an accusation of rape to provide extremely strong evidence to avoid being charged with adultery herself. A conviction for rape is only possible with evidence from no fewer than four witnesses. In recent years high-profile rape cases in Pakistan have given the Ordinance more exposure than similar laws in other countries.
Until , in Indian law, adultery was defined as sex between a man and a woman without the consent of the woman's husband. In Southwest Asia, adultery has attracted severe sanctions , including death penalty. In some places, such as Saudi Arabia , the method of punishment for adultery is stoning to death. Proving adultery under Muslim law can be a very difficult task as it requires the accuser to produce four eyewitnesses to the act of sexual intercourse, each of whom should have a good reputation for truthfulness and honesty.
The criminal standards do not apply in the application of social and family consequences of adultery, where the standards of proof are not as exacting. In the Philippines, the law differentiates based on the gender of the spouse. A wife can be charged with the crime of Adultery for having sexual intercourse with a man other than her husband, while a husband can only be charged with the related crime of Concubinage , which is more loosely defined it requires either keeping the mistress in the family home, or cohabiting with her, or having sexual relations under scandalous circumstances.
In regions of Iraq and Syria under ISIL, there have been reports of floggings as well as execution against people who engage in adultery. The method of execution was typically through stoning. Adultery is no longer a crime in any European country.