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Adultery in according with a point of view the Egypt criminal code

Adultery is extramarital sex that is considered objectionable on social, religious, moral or legal grounds. Though what sexual activities constitute adultery varies, as well as…

Adultery is extramarital sex that is considered objectionable on social, religious, moral or legal grounds. Though what sexual activities constitute adultery varies, as well as the social, religious and legal consequences, the concept exists in many cultures and is similar in Islam, Christianity.

The Egyptian criminal law has showed the concept of this crime as:

An adult geress may not be tried except on the basis of a prosecution from her spouse. However, if the husband commits adultery in the house wherein he lives with his wife, as indicated in the criminal act , his trial shall not be heard.

Also: Any husband who commits adultery in the marital house and such adultery is established against him by the wife’s prosecution, shall be punished with detention for a period not exceeding six months.

From this first rule about the legal type and the rules which has to control this kind of crime we can see by clear way that:

1- If the husband has accused as an adult geress in the marital house from his wife, and he has been declared guilty. and;

2- If the wife has accused as an adultery and her husband accused her.

In this case the husband doesn’t has a right to ask about trial for her(his trial shall not be heard). and it is very important because if she is not a accused as Moll the only one who has a right to let her be in trail is her husband, and his right will cancel because of his previous crime. (This rule is against the Islamic legal system).

so from this rule it is clear that no crime and no accused against the husband or spouse, if there is no accusation from the second part in that marriage.

The distinction in punishment between husband and wife:

There is big different between the punishment which has to be against the husband and this which has to be against the wife according to the same criminal behavior, whereas the law has determine that:

“A married woman whose adultery is established shall be punished with detention for a period not exceeding 2 years. However, her husband may request staying the execution of that ruling by his consent to her sexual intercourse with him as was the case.”

But in the same time “Any husband who commits adultery in the marital house and such adultery is established against him by the wife’s prosecution, shall be punished with detention for a period not exceeding six months.”

The evidences to be accepted and be a plea against the one convicted with adultery shall be the actual arrest of the man in the act, or his confession, or the existence of correspondence or other written papers from him, or his presence in the house of a muslim in the place appropriated for the women’s partition in his household.

In line with this logic:

  1. The adulterer committing debauchery with that woman shall also be punished with the same penalty. For more information see ( An accomplice in the crime)
  2. Whoever commits in public a scandalous act against pudency shall be punished with detention for a period not exceeding one year or a fine not exceeding three hundred pounds.
  3. Whoever perpetrates with a woman an immoral act, even not publicly, shall be punished with the previous penalty.

Adultery-and-Alimony


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