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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Liability of a Paramour in Damages for Adultery in Customary Law
Author:Ndulo, MunaISNI
Periodical:African Social Research
Geographic term:Zambia
Subjects:customary law
family law
extramarital sexuality
Peoples of Africa (Ethnic Groups)
Women's Issues
Abstract:The normal meaning of adultery is sexual intercourse between a spouse and a man or woman who is not the husband or wife. Adultery is a firmly established cause for action in customary law, but only in respect to the husband. In customary law it is within the rights of a husband to sue the person with whom a wife is alleged to have committed adultery; and it is lawful for local courts in such actions to order the person with whom the wife is proved to have committed adultery to pay damages. This paper does not go into the history of the action but investigates the basis of the action and its legal dimensions. It also considers the question of whether such actions should remain competent in Zambian customary law. The article does not reach any firm conclusions on this issue though it advocates desirable reforms. Notes.