Adultery laws are the laws in various countries that deal with extramarital sex. Historically, many societies considered extramarital sex to be objectionable on religious and moral grounds and enacted a variety of criminal laws to combat what was termed adultery, some of which were 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. Since the 19th century, such punishments have gradually fallen into disfavor, especially in Western countries. In countries where adultery is still a crime, punishments range from fines to caning 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 (through enforcement of religious laws), and several sub-Saharan African countries. Notable exceptions to this rule are the Philippines and 17 U.S. states (as well as Puerto Rico) although adultery charges are rare in the United States.
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". A joint statement by the United Nations Working Group on discrimination against women in law and in practice states that: "Adultery as a criminal offence violates women’s human rights".
In Muslim countries that follow Sharia law for criminal justice, the punishment for adultery may be stoning. There are fifteen countries in which stoning is authorized as lawful punishment, though in recent times it has been legally carried out only in Iran and Somalia. Countries which follow very strict versions of Sharia law in their criminal systems include Saudi Arabia, Iran, Brunei, Afghanistan, Sudan, Pakistan, 12 of Nigeria's 36 states (in Northern Nigeria) and Qatar; although these laws are not necessarily enforced. Al-Shabaab, a jihadist fundamentalist group based in East Africa (mainly Somalia) and Yemen also implements an extreme form of Sharia.
Punishment In jurisdictions where adultery is illegal, punishments vary from fines (for example in the US state of Rhode Island) to caning in parts of Asia. In fifteen countries the punishment includes stoning, although in recent times it has been legally enforced only in Iran and Somalia. Most stoning cases are the result of mob violence, and while technically illegal, no action is usually taken against perpetrators. Sometimes such stonings are ordered by informal village leaders who have de facto power in the community. Adultery may have consequences under civil law even in countries where it is not outlawed by the criminal law. 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 jurisdictions, the "intruder" (the third party) is punished, rather than the adulterous spouse. For instance act 266 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 [...]". Similarly, under the adultery law in India (Section 497 of the Indian Penal Code, until overturned by the Supreme Court in 2018) it was a criminal offense for a man to have consensual sexual intercourse with a married woman, without the consent of her husband (no party was criminally punished in case of adultery between a married man and an unmarried woman).
Asia Western Asia Throughout Western Asia, adultery has attracted severe sanctions, including the 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. Sandra Mackey, author of The Saudis: Inside the Desert Kingdom, stated in 1987 that in Saudi Arabia, "unlike the tribal rights of a father to put to death a daughter who has violated her chastity, death sentences under Koranic law [for adultery] are extremely rare."Mackey, Sandra. The Saudis: Inside the Desert Kingdom. Updated Edition. Norton Paperback. W.W. Norton and Company, New York. 2002 (first edition: 1987). p. 271 pbk.
In regions of Iraq and Syria under ISIL, there have been reports of floggings as well as execution of people who engaged in adultery. The method of execution was typically by stoning. ISIL would not merely oppose adultery but also oppose behavior that from their point of view could lead to adultery, such as women not being covered, people of the opposite sex socializing with one another, or even female mannequins in store windows.
In Iraq, adultery remains a criminal offence under Article 377 of the Penal Code, which provides for imprisonment in cases involving a married woman and her partner, as well as for a husband who commits adultery in the marital home.
In Iran, adultery is criminalized as a form of zina under the Islamic Penal Code, with the code providing for severe hadd punishments, including stoning to death in certain circumstances.
China In China, punishments for adultery were differentiated based on gender of the spouse until 1935. Adultery is no longer a crime in the People's Republic of China, but is a ground for divorce.(中华人民共和国婚姻法第三十二条) It is illegal to commit adultery with the spouse of a servicemember in the People's Liberation Army.
India On 27 September 2018, the Supreme Court of India ruled Section 497 of the Indian Penal Code, the law which criminalized adultery, as unconstitutional. Before 2018, adultery was defined as sex between a man and a woman without the consent of the woman's husband. The man was prosecutable and could be sentenced for up to five years (even if he himself was unmarried) whereas the married woman couldn't be jailed."Adultery law biased against men, says Supreme Court" The Times of India Men have called the law gender discrimination in that women cannot be prosecuted for adultery'Adultery law must apply equally to men and women' at http://www.rediff.com and the National Commission of Women has criticized the British era law of being anti-feminist as it treats women as the property of their husbands and has consequently recommended deletion of the law or reducing it to a civil offense."NCW rejects proposal to punish women for adultery" The Hindu Extramarital sex without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal."CAT penalises cop living with lover-Delhi-Cities" The Times of India
Indonesia Indonesia's new Criminal Code, which entered into force in January 2026, criminalizes sexual intercourse outside marriage, although prosecution is limited to complaints by certain close relatives.
Japan Adultery was a crime in Japan until 1947.
Pakistan In Pakistan, adultery is a crime under the Hudood Ordinance, promulgated in 1979. 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.Hudood laws open to change in Pakistan, July 2005
Afghanistan Under the Taliban authorities, adultery and other extramarital sexual relations are subject to criminal punishment, including imprisonment and flogging, while Taliban authorities have also announced the enforcement of stoning as a punishment for adultery.
Philippines Adultery is a crime in the Philippines.Revised Penal Code of the Philippines In the Philippines, the law differentiates based on the gender of the spouse. A wife can be charged with adultery, 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). There are currently proposals to decriminalize adultery in the Philippines.
South Korea In 2015, South Korea's Constitutional Court overturned the country's law against adultery. Previously, adultery was criminalized in 1953, 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 in which the state should not intervene.
Taiwan In Taiwan, adultery was a criminal offense before 2020. The law was challenged in 2002 when it was upheld by the Constitutional Court. Arguments were heard again by the court in March 2020, and the court ruled the law unconstitutional on 29 May 2020. Twelve of fifteen justices issued a concurring opinion, two others concurred in part, and one dissented. The Legislative Yuan amended the Criminal Code on 31 May 2021, removing the article criminalizing adultery entirely.
During Qing rule in Taiwan (1683 to 1895), the husband or his relatives could bring charges. The standard sentence was ninety lashes for each of the accused. The woman could be sold or divorced. The matter could be settled out of court, with bodily harm to the accused or assorted punishments affecting his social standing. Under Japanese rule, only the husband could bring charges. The accused could be sentenced to two years imprisonment. Wife selling became illegal, although private settlements still occurred.
Europe
Adultery is no longer a crime in any European country.
Adultery in English law was not a criminal offence in secular law from the later twelfth century until the seventeenth century. It was punishable under ecclesiastical law from the twelfth century until jurisdiction over adultery by ecclesiastical courts in England and Wales was abolished in England and Wales (and some British territories of the British Empire) by the Matrimonial Causes Act 1857. However, in English and Welsh common law of tort it was possible from the early seventeenth century for a spouse to prosecute an adulterer for damages on the grounds of loss of consortium until the Law Reform (Miscellaneous Provisions) Act 1970. Adultery was also illegal under secular statute law for the decade in which the Commonwealth (Adultery) Act (1650) was in force.Jeremy D. Weinstein, 'Adultery, Law, and the State: A History ', Hastings Law Journal, 38.1 (1986), 195-238.Marita Carnelley, 'Laws on Adultery: Comparing the Historical Development of South African Common-law Principles with those in English Law ', Fundamina (Pretoria), 19.2 (February 2013), 185-211.