Legal Consequences of an Extramarital Relationship Between a Married Man and a Married Woman

Legal Consequences of an Extramarital Relationship Between a Married Man and a Married Woman

Extramarital relationships outside the framework of marriage have consistently posed significant challenges in family law and have given rise to serious legal and social consequences. Among the legal claims frequently raised in this context are adultery and unlawful relationships short of adultery.

Any relationship, whether sexual or non sexual, between a man and a woman who are not lawfully married to each other and that falls outside legal and religious boundaries may be considered an unlawful relationship.

The scope of unlawful relationships is broad and may extend to conduct that occurs even without physical proximity. In essence, an unlawful relationship stands in contrast to a lawful marital relationship and refers to interactions that disregard legal and religious limits.

Legal Consequences of Adultery on Marital Relations

Adultery by a Married Person

Pursuant to Article 226 of the Islamic Penal Code, a person is considered legally married for aggravated adultery when certain conditions are met.

A man is regarded as legally married in this context if he has a permanent spouse, is of legal age and sound mind, and marital relations have previously occurred between them.

A woman who meets the same criteria is likewise considered legally married for this purpose.

Adultery by a married person occurs when both parties meet these conditions and, despite having lawful access to their spouse and the ability to engage in marital relations, engage in sexual intercourse with someone other than their lawful spouse.

However, if circumstances such as imprisonment, travel, postpartum period, menstruation, illness preventing sexual relations, or conditions that create a serious risk are present, the individual may not be considered legally married for purposes of aggravated adultery during that time.

Punishment for Adultery by Married Persons

Under the Islamic Penal Code, the prescribed punishment for adultery committed by a married man and a married woman is stoning.

If stoning cannot be carried out, and the offense has been proven through witness testimony, the punishment may be execution. In other circumstances, the punishment may consist of one hundred lashes for each party.

Unlawful Relationship Short of Adultery

Pursuant to Article 637 of the Islamic Penal Code, an unlawful relationship short of adultery occurs when a man and a woman who are not married to each other engage in indecent conduct that does not amount to sexual intercourse. Any physical contact or immoral conduct that does not meet the legal definition of adultery may fall within this category.

The punishment for unlawful relationships short of adultery is up to ninety-nine lashes.

Forcible Adultery

Forcible adultery refers to sexual intercourse committed through force or coercion. Where a man engages in sexual intercourse without the consent of the woman, the act constitutes rape and is subject to severe criminal penalties under the law.

Evidence Required to Prove an Unlawful Relationship Between Married Individuals

A critical point to consider is that falsely accusing another person of an unlawful relationship without proof constitutes defamation and carries legal consequences.

The Islamic Penal Code recognizes the following methods for proving unlawful relationships:

• Confession: An unlawful relationship may be established through a single confession.
• Witness Testimony: Proof through testimony requires the testimony of two male witnesses.
• Judicial Knowledge: A judge may also rely on personal judicial knowledge derived from evidence, circumstances, and supporting indications presented during the proceedings.
• Below are certain forms of evidence that may contribute to establishing judicial knowledge.
• Forensic Medical Report: Where medical examination forms the basis of proof, a forensic medical report issued upon judicial order may assist in establishing the offense.
• Photographs and Video Recordings: Photographs and video evidence may, depending on the circumstances, assist the court in forming a judicial understanding of the offense.
• Proof Through Text Messages: An unlawful relationship may also be alleged based on the exchange of messages of an immoral or intimate nature. Through official inquiry and proper attribution of such communications to the accused person, such evidence may contribute to the judge’s assessment. However, these materials are considered indicative evidence and, on their own, do not constitute definitive proof.

Frequently Asked Questions Regarding the Legal Consequences of an Extramarital Relationship Between Married Persons