Fornication

Fornication is a term which refers to any sexual activity between unmarried partners. Sex between unmarried persons is distinguished from adultery by use of the term 'simple fornication'; whereas relations in which at least one of the parties is married, is considered 'adultery'.

The origin of the word derives from Latin. The word fornix means "an archway" or "vault" (in Rome, prostitutes could be solicited there). More directly, fornicatio means "of the archway"; thus a euphemism for prostitution.

Fornication is dealt with differently in various religions, societies and cultures. The following article describes these differences.

Religions

For a broad overview, see Religion and sexuality.

Abrahamic Faiths

Judaism

In the Bible, fornication is defined as idolatry or adultery, that is, the breaking of the covenant vow with God or the breaking of the holy wedding vows. To worship another god (idol) is to cheat on God, and is against the First Commandment. In the Bible, God says that those Israelites who worship idols have fornicated against Himsee Hosea 1-3, Ezekiel 16 and Jeremiah 2:20-36..

Orthodox Judaism restricts sexual activity to a legally permissible marriage between a Jewish man and a Jewish woman. A man and women are even prohibited from being in a closed room alone together if they are not married, a law called yichud, nor are they allowed to have physical contact (a law referred to as negiah).

Sexual relations between a man and a woman who are not married are considered less serious (they are referred to as zenuth) than the Biblically prohibited unions such as adultery (a married woman having relations with another man) and incest; the later are referred to as ervah (literally "nakedness"), have more severe penalties and there are serious restrictions on children of these prohibited unions (mamzerim).

Sexual relations is one of the ways the Talmud (Kiddushin 1) specifies for effecting a marriage, though this method is frowned upon by the Rabbis. Children of a Jewish woman are considered Jewish regardless of whether she was married.

Christianity

Flowing from Jewish tradition, most translations of the New Testament forbid fornication: ("Fornicators, idolaters, adulterers,... will not inherit the kingdom of God".A paraphrasing of 1 Corintians 6:9-10 This is reflected in both major doctrines Catechism of the Catholic Church, and in commentarieseg: "The New Testament is characterized by an unconditional repudiation of all extra-marital and unnatural intercourse with animals." Dictionary of the New Testament, Friedrich Hauck and Siegfried Schulz (edited by Kittel and Friedrich) (Vol.6, p.590). The original Koine Greek word translated as fornication is porneia (from which English derives "pornography"), and is unlikely to translate as fornication; but can be justified where the Latin Bible offers fornicatio.

Notably, the Bible was written in an era when societal norms such as arranged marriage were in place. Hence, pre-marital sex has become more acceptable, to a certain degree, in some interpretations of Christianity. Liberated Christians are perhaps the most progressive, espousing polyamory.

Many Catholic authors have written that fornication is forbidden is because a sexual relationship is an intimate connection that ought to be shared with a single partner, with whom someone intends to spend the rest of their life, resulting in a more intimate and permanent bond.

Islam

Dharmic Faiths

Hinduism

Buddhism

Laws

The laws on fornication have historically been tied with religion, however in many countries there have been attempts to secularise constitutions, and laws differ greatly from country to country.

United States of America

Historically, in the context of the laws of states of the United States, fornication is generally defined as (vaginal) sexual intercourse between two unmarried persons of opposite sex and has been a crime. Most of these laws were either repealed, are not enforced, or were struck down by the courts as unconstitutional. See also State of New Jersey v. Saunders, 381 A.2d 333 (N.J. 1977), Martin v. Ziherl 607 S.E.2d 367 (Va. 2005).

With respect to fornication between same-sex persons, or sodomy, the U.S. Supreme Court decision in Lawrence v. Texas rendered the states' remaining laws unconstitutional.

Some states though, continue to enforce laws on fornication and adultery.For example, North Carolina courts regard Lawrence v. Texas as applying to sodomy laws only and continue to enforce laws on fornication and adultery. (Note: "criminal conversation" is a euphemism for extramarital sex) ^* ^*

Islamic Countries

Fornication is a crime in many Muslim countries, and is often harshly punished. However, there are some exceptions. In Pakistan, for example, occasionally a charge is filed in order to prevent the accused from leaving the judistriction (for instance it is often used against drug smugglers, against whom it may not be possible to show a prima facie case for trial, but a charge of fornication, which requires a lower threshold, can be filed in the interim as the investigation unfolds.) In certain countries where parts of Islamic law are enforced, such as Iran and Saudi Arabia, fornication of unmarried persons is punishable by lashings. This is in contrast to adultery, whereas if one of the convicted were married, their punishment would be death by stoning. Historically speaking, corporal punishment for sexual crimes are part of law enforcement in the Abrahamic faiths when comprehensively carried out.

References

Sexual fidelity | Sexuality and religion

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