DECLARATION

I declare that this Dissertation entitled “Adultery in Former West Cameroon: A Legal Appraisal” is
my work and that it has not been previously submitted for an award of a degree in any University.
All references have been duly acknowledged.

CANDIDATE

MAKIA LUCIANA TAMBEARREY

Signature ……………….. Date…………

SUPERVISOR
Pr FONJA Julius
Signature………………… Date…………………

i
 CERTIFICATION

This is to that, this dissertation entitled “Adultery in Formal West Cameroon: A legal Appraisal”, by
Makia Luciana Tambearrey meets the requirements governing the award of a master’s degree in law
at the University of Yaoundé II Soa and is acknowledged for its contribution to knowledge

CANDIDATE

MAKIA LUCIANA TAMBEARREY

Signature ……………….. Date…………

SUPERVISOR
Pr FONJA Julius
Signature…………………
Date…………………

ii
DEDICATION

To my parents.

iii
 ACKNOWLEGEMENTS

I express my most sincere thanks to my supervisor Pr. FONJA Julius for his guidance and
support in the realization of this work.
My profound gratitude go to my darling late mother madam Makia Florence for her moral
and financial support, and kind words of encouragement, not forgetting my father who has been the
back bone of the family. I am thankful to Chief Doctor Godson Orock Oben for his constant support,
guidance and availability during the writing of this dissertation.
To my family, I say thanks for your unconditional love, financial and moral support
especially: Jame Godwill Daniel
I cannot forget all the staff of the Faculty of Laws and Political Science of the University of
Yaoundé II – Soa for their incessant academic nourishment and advice.
I take responsibility for all the shortfalls mention herein.

iv
 ABSTRACT

The crime of adultery and its related sanction have become a very critical challenge face by courts in
former west Cameroon. Yet the legal system put in place to regulate matrimonial issues including
adultery are inadequate. This study examines the crime of adultery from the legal perspective,
exposing the legal challenges, associated with its sanction and remedies. Despite existing national
and international instruments to regulate the causes, sanctions, remedy and the judicial approach of
adultery, the discipline still face the problem of corruption, inadequate implementation of laws and
long judicial procedure.

The work assumes and demonstrates that, adultery in former west Cameroon has serious challenges
which can be address through legal reforms. The work is based on research conducted through an
analysis of relevant primary and secondary data. The analysis is undertaken with the aim of assessing
the strength of the legal framework governing adultery in Cameroon and identifying the policy and
legal changes that can be made in this regard. We found that most of the legal efforts are good but
are face with implementation problems while others were inadequate to enhance reliability and
sustainability in judicial findings and court procedure in former west Cameroon.

The research will be of great importance to policy and law makers and other researchers in the
domain of family law in general and adultery in particular. It will also contribute to the legal
literature in adultery. We therefor proposes that, there should be strictly interpretation,
implementation and enforcement of adultery laws and that, judges should master the judicial
procedures and laws in English court in other to avoid conflict of law because of the by-jural nature
of law.

v
 TABLE OF CONTENTS

DECLARATION....................................................................................................................................i
CERTIFICATION.................................................................................................................................ii
DEDICATION......................................................................................................................................iii
ACKNOWLEGEMENTS.....................................................................................................................iv
ABSTRACT...........................................................................................................................................v
TABLE OF CONTENTS......................................................................................................................vi
LIST OF ABBREVIATIONS...............................................................................................................ix
LIST OF CASES....................................................................................................................................x
LIST OF LEGAL INSTRUMENTS.....................................................................................................xi
GENERAL INTRODUCTION..............................................................................................................1
A. Background to the Study...............................................................................................................1
B.STATEMENT OF THE PROBLEM..............................................................................................7
C. Literature Review........................................................................................................................9
D. RESEARCH OBJECTIVES......................................................................................................11
E. RESEARCH QUESTIONS.........................................................................................................11
F. HYPOTHESIS............................................................................................................................12
H. Methodology...............................................................................................................................12
I. Significance of the Study.............................................................................................................12
J. Organization of the Study.............................................................................................................12
K. Definition of Terms...................................................................................................................13
CHAPTER ONE..................................................................................................................................14
EVOLUTION OF ADULTERY IN FORMER WEST CAMEROON................................................14
1.0 INTRODUCTION....................................................................................................................14
1.1. ADULTERY UNDER CUSTOMARY LAW...........................................................................14
1.2. Received English law................................................................................................................16
1.3 Received Nigeria law.................................................................................................................17
1.4. ADULTERY AND LOCAL LEGISLATION..........................................................................17
1.4. CONFLICT OF LAWS.............................................................................................................19
1.5 ADULTERY AND PRESENT DAY LEGISLATION IN CAMEROON.................................20
1.6 CONCLUSION..........................................................................................................................20

vi
CHAPTER TWO.................................................................................................................................22
LEGAL AND INSTITUTIONAL FRAMEWORK OF ADULTERY IN FORMER WEST
CAMEROON AND PRESENT...........................................................................................................22
2.0 INTRODUCTION......................................................................................................................22
2.1. LEGAL INSTRUMENTS OF ADULTERY............................................................................22
2.1.1 INTERNATIONAL LEGAL INSTRUMENTS..................................................................22
2.1.2 THE MATRIMONIAL HOME ACT OF 1983...................................................................22
2.1.3 THE MATRIMONIAL PROCEEDING ACT OF 1884.....................................................23
2.2. NATIONAL LEGAL INSTRUMENTS................................................................................24
2.2.1. THE CAMEROON FEDERAL CONSTITUTION OF 1961 ORGANISING CIVIL
STATUS REGISTRATION.........................................................................................................24
2.2.3. THE 1954 CONSTITUTION OF NIGERIA.....................................................................25
2.2.4. LAW NO 68/LF OF JUNE 11th 1968.................................................................................25
2.3 INSTITUTIONAL FRAMEWORKS REGULATING ADUTERY IN FORMER WEST
CAMEROON...................................................................................................................................26
2.3.2 INTERNATIONAL COURT OF JUSTICE........................................................................26
2.3.3 THE CUSTOMARY COURT.............................................................................................27
2.3.4 THE SOURTHERN CAMEROON HIGHT COURT LAW 1955......................................27
CHAPTER THREE..............................................................................................................................29
CAUSES AND EFFECTS OF ADULTERY......................................................................................29
3.0. INTRODUCTION.....................................................................................................................29
3.1 CAUSES OF ADULTERY........................................................................................................29
3.1.1 LIVING APART FOR EXTENDED PERIODS OF TIME................................................29
3.1.2 INSECURITY......................................................................................................................29
3.1.3 ISSUES INVOLVING BODY IMAGE AND AGING.......................................................29
3.1.4 FEELING UNAPPRECIATED...........................................................................................30
3.1.5 LACK OF RESPECT AT HOME.......................................................................................30
3.1.6 GROWING APART WITH YOUR PARTNER.................................................................30
3.1.7 Not Married for the Right Reasons......................................................................................31
3.1.8 BOREDOM.........................................................................................................................31
3.1.9. FACEBOOK AND INTERNET.........................................................................................31
3.1.10 PORNOGRAPHY.............................................................................................................31
3.1.11 RUNNING AWAY FROM PROBLEMS.........................................................................31
3.2 EFFECTS OF ADULTERY.......................................................................................................32

vii
 3.2.1 GUILT AND SHAME.........................................................................................................32
3.2.2 LOSS OF TRUST AND INTIMACY.................................................................................32
3.2.3. DIVORCE...........................................................................................................................33
3.3.4 LONELINESS.....................................................................................................................33
3.2.4 ILLNESS.............................................................................................................................34
3.2.5 EFFECTS ON THE CHILDREN........................................................................................34
3.2.6 EMOTIONAL EFFECTS....................................................................................................34
3.2.7. ALWAYS REMEMBERED AND EVERYONE THAT KNOWS IT IS CHANGED
FOREVER....................................................................................................................................35
3.2.8. SEXUALLY TRANSMITTED INFECTIONS..................................................................35
3.2.9 CONCLUSION....................................................................................................................36
CHAPTER FOUR................................................................................................................................37
REMEDYOF ADULTERY IN FORMER WEST CAMEROON.......................................................37
4.0 INTRODUCTION......................................................................................................................37
4.1.1. Forgiveness.........................................................................................................................37
4.1.2. RECONCILIATION...........................................................................................................40
4.1.3 RELATIONSHIP BETWEEN FORGIVENESS AND RECONCILIATION....................41
4.1.4 RESTORATION OF TRUST..............................................................................................44
4.1.5. INITIAL AND ONGOING DISCLOSURE.......................................................................45
4.1.6. CONCLUSION...................................................................................................................47
CHAPTER............................................................................................................................................48
SANCTIONS AND CRITICISM FOR THE SANCTION OF ADULTRY IN FORMER WEST
CAMEROON.......................................................................................................................................48
5.0 INTRODUCTION....................................................................................................................48
5.1 SANCTION OF ADULTERY BY THE QUARAN..................................................................48
5.3. PUNISHMENT OF ADULTERY BY THE HOLLY BIBLE..................................................51
5.4. SANCTION OF ADULTERY BY THE LAW.........................................................................51
5.2 CRITICISMS AGAINST THE SANCTION OF ADULTERY LAWS....................................52
5.2.1 POLITICAL ARGUMENT.................................................................................................52
5.2.2. HISTORICAL ARGEUMENT...........................................................................................53
5.2.3 DISCRIMINATION AGAINST WOMEN.........................................................................53
5.2.4 ARGUMENT ABOUT THE IMPORTANCE OF CONSENT AS THE BASIS OF
SEXUAL OFFENCES LEGISLATION......................................................................................54
5.3 CONCLUSION..........................................................................................................................54

viii
GENERAL CONCLUTION AND RECOMMENDATION...............................................................55
A. GENERAL CONCLUSION........................................................................................................55
B. RECOMMENDATIONS............................................................................................................56
BIBIOGRAPHY..................................................................................................................................58

ix
 LIST OF ABBREVIATIONS
ACHPR…………………… Commission on Human and People’s Rights

AIDS………………….........Acquired Immune Deficiency Syndrome

HIV………………………… Human Immune-deficiency Virus

ICJ……………….………….International Court of Justice

OAU………………………...Organisation of Africa Union

PCA…………………............ Permanent Court of Arbitration

PCIJ………………....………..Permanent Court of International Justice

PTSD…………………………Post Traumatic Stress Disorder

SCHCL……………………….Southern Cameroon High Court Law

STDs………………………….Sexually Transmitted Diseases

UN…………………………....United Nations

WHO………………………… World Health Organisation

WLDAF……………………….Women in Law and Development in Africa

x
 LIST OF CASES
Pages

1. Lawrence v Texas……………………………………………………………………………….71
2. Vefonge v Samuel Lyonga Yuke……………………………………………………………...15
3. Onana v Onana Appeal No. BCA (13CC/89.)…………………………………………19
4. Bendall v Mcwhirter (1952) 2 QB 466………………………………………………………22
5. National Provincial Bank Ltd v Ainsworth (1965) AC, 1175……………………………22,22.

xi
 LIST OF LEGAL INSTRUMENTS
Pages

INTERNATIONAL LEGAL INSTRUMENTS

1. Matrimonial Proceeding Act 1884…………………………………………………………………23

2. Family Law Reform Act
1969…………………………………………………………………………………………………..22
3. Matrimonial Home Act
1983…………………………………………………………………………………………………...22

NATIONAL LEGAL INSTRUMENTS

1. THE 1954 CONSTITUTION OF NIGERIA……………………………………………………….25

2. THE CAMEROON FEDERAL CONSTITUTION OF 1961………………………………………24
3. LAW No 68/LF OF JUNE 11TH 1968 organizing Civil Status Registration as amended by law No 81/2
of June29th 1981 referred to as the 1981 Ordnance…………………………………………………..25

xii
 GENERAL INTRODUCTION
A. Background to the Study

Adultery is generally defined as consensual sexual intercourse by a married

person with someone other than his or her lawful spouse. Thus, adultery is a special case
of fornication, which refers to consensual sexual intercourse between two people not
married to each other. The common synonym for adultery is infidelity as well as
unfaithfulness or in colloquial speech, "cheating." Views on the gravity of adultery have
varied across cultures and religions. Generally, since most have considered marriage an
inviolable if not sacred commitment, adultery has been strictly censured and severely
punished. For any society in which monogamy is the norm, adultery is a serious violation
on all levels the individuals involved, the spouse and family of the perpetrator, and the
larger community for whom the family is the building block and the standard or "school"
for interpersonal relationships. The Sexual Revolution of the mid-twentieth century
loosened strictures on sexual behavior such that fornication was no longer considered
outside the norms of behavior and certainly not criminal if both parties were of age.
Nevertheless, adultery still has serious ramifications and is considered sufficient cause for
divorce.
From a spiritual perspective, however, the act of adultery causes more than just
emotional or legal problems. The violation of trust involved in sexual activity with
someone while married to another is deep, and sexual intimacy is not just a physical and
emotional experience but a spiritual one. When one has a sexual relationship with another
it is not just their "heart" that is given but their soul. While the heart cannot be taken back
and mended without difficulty, it is all but impossible to take back the soul. Adultery was
known in earlier times by the legalistic term "criminal conversation" (another term,
alienation of affection, is used when one spouse deserts the other for a third person). The
term originates not from adult, which is from Latin a-dolescere, to grow up, mature, a
combination of a, "to," dolere, "work," and the processing combound sc), but from the
Latin ad-ulterare (to commit adultery, adulterate/falsify, a combination of ad, "at," and
ulter, "above," "beyond," "opposite," meaning "on the other side of the bond of

1
 marriage")1 Today, although the definition of "adultery" finds various expressions in
different legal systems, the common theme is sexual activity between persons when one
of both is married to someone else. For example, New York State defines an adulterer as
a person who "engages in sexual intercourse with another person at a time when he has a
living spouse, or the other person has a living spouse."2

A marriage in which both spouses agree that it is acceptable for the husband or
wife to have sexual relationships with other people other than their spouse is a form of
non-monogamy. The resulting sexual relationships the husband or wife may have with
other people, although could be considered to be adultery in some legal jurisdictions, are
not treated as such by the spouses. Man and woman undergoing public exposure for
adultery in Japan, around 1860

Historically, adultery has been subject to severe punishments including the death
penalty and has been grounds for divorce under fault-based divorce laws. In some places
the death penalty for adultery has been carried out by stoning. 3 For example, the
influential Code of Hammurabi contains a section on adultery. It mirrors the customs of
earlier societies in bringing harsh penalties upon those found guilty of adultery. The
punishment prescribed in Hammurabi's Code was death by drowning or burning for both
the unfaithful spouse and the external seducer. The pair could be spared if the wronged
spouse pardoned the adulterer, but even still the king had to intervene to spare the lovers'
lives. In some cultures, adultery was defined as a crime only when a wife had sexual
relations with a man who was not her husband; a husband could be unfaithful to his wife
without it being considered adultery
In some cultures, adultery was defined as a crime only when a wife had sexual
relations with a man who was not her husband; a husband could be unfaithful to his wife
without it being considered adultery. For example, in the Graeco-Roman world we find
stringent laws against adultery, yet almost throughout they discriminate against the wife.
The ancient idea that the wife was the property of the husband is still operative. The
1
(1950), Longman Dictionary of Latin. Berlin: Longma..
2
Minnes 130.00 Sex offenses; definitions of terms New York State Sexual Statutes, The 'Lectric Law
Library. Last accessed on january 6, 2020.
3
Anger over adultery stoning case CNN, February 23, 2004. Last accessed on 21 january, 2020.

2
 lending of wives was, as Plutarch tells us, encouraged also by Lycurgus. 4 There was,
therefore, no such thing as the crime of adultery on the part of a husband towards his
wife. The recognized license of the Greek husband may be seen in the following passage
of the Oration against Neaera, the author of which is uncertain though it has been
attributed to Demosthenes

We keep mistresses for our pleasures, concubines for constant attendance, and
wives to bear us legitimate children, and to be our faithful housekeepers. Yet, because of
the wrong done to the husband only, the Athenian lawgiver Solon, allowed any man to
kill an adulterer whom he had taken in the act.5 Later on in Roman history, as William
Lecky has shown, the idea that the husband owed a fidelity like that demanded of the
wife must have gained ground at least in theory. This Lecky gathers from the legal
maxim of Ulpian: "It seems most unfair for a man to require from a wife the chastity he
does not himself practice.6"

In the original Napoleonic Code, a man could ask to be divorced from his wife if
she committed adultery, but the adultery of the husband was not a sufficient motive
unless he had kept his concubine in the family home. In contemporary times in the United
States laws vary from state to state. For example, in Pennsylvania, adultery is technically
punishable by two years of imprisonment or 18 months of treatment for insanity. 7 That
being said, such statutes are typically considered blue laws, and are rarely, if ever,
enforced. In the U.S. Military, adultery is a court-martialable offense only if it was "to the
prejudice of good order and discipline" or "of a nature to bring discredit upon the armed
forces."8 This has been applied to cases where both partners were members of the
military, particularly where one is in command of the other or one partner and the other's
spouse. The enforceability of criminal sanctions for adultery is very questionable in light
4
Plutarch, "Lycurgus" XXIX, Plutarch Lives, I, Theseus and Romulus. Lycurgus and Numa. Solon and
Publicola (Loeb Classical Library, 1914.
5
Ibid.
6
William L. (2005), "Codex Justin., Digest, XLVIII, 5-13" History of European Morals (Ann Arbor:
University of Michigan.
7
Ronald H., “Medicine and the Crimination of Sin: "Self-Abuse" in 19th Century” America. 2, 3
Medicine and the Crimination of Sin: Self-Abuse Last accessed on the 23 of January 2020.
8
Rod P.,( 2018) “ Adultery in the Military US Military Careers”..Last accessed on the 21 of january 2020.

3
 of Supreme Court decisions since 1965 relating to privacy and sexual intimacy, and
particularly in light of Lawrence v. Texas, which apparently recognized a broad
constitutional right of sexual intimacy for consenting adults.
Among the world religions, adultery and fornication are generally considered
major sins: No other sin has such a baneful effect on the spiritual life. Because it is
committed in secret, by mutual consent, and often without fear of the law, adultery is
especially a sin against God and against the goal of life. Modern secular societies can do
little to inhibit adultery and sexual promiscuity. Only the norms of morality which are
founded on religion can effectively curb this sin.10
In Judaism, adultery was forbidden in the seventh commandment of the Ten
Commandments, but this did not apply to a married man having relations with an
unmarried woman. Only a married woman engaging in sexual intercourse with another
man counted as adultery, in which case both the woman and the man were considered
guilty.9 In the Mosaic Law, as in the old Roman law, adultery meant only the carnal
intercourse of a wife with a man who was not her lawful husband. The intercourse of a
married man with a single woman was not accounted adultery, but fornication. The penal
statute on the subject, in Leviticus, 20:10, makes this clear: "If any man commit adultery
with the wife of another and defile his neighbor's wife let them be put to death both the
adulterer and the adulteress10". This was quite in keeping with the prevailing practice of
polygyny among the Israelites.
In halakha (Jewish Law) the penalty for adultery is stoning for both the man and
the woman, but this is only enacted when there are two independent witnesses who
warned the sinners prior to the crime being committed. Hence this is rarely carried out.
However a man is not allowed to continue living with a wife who cheated on him, and is
obliged to give her a "get" or bill of divorce written by a sofer or scribe. Throughout the
Old Testament, adultery is forbidden in the Ten Commandments, and punishable by
death. In the New Testament, Jesus preached that adultery was a sin but did not enforce
the punishment, reminding the people that they had all sinned 11.Some Pharisees brought
Jesus a woman accused of committing adultery. After reminding Jesus that her
9
State of New Jersey v. Saunders, 381 A.2d 333 (N.J. 1977), Martin v. Ziherl 607 S.E.2d 367 (Va. 2005).
10
Deuteronomy 22:22.Bible. Last accessed on the 18 of February 2020.
11
John 8:1-11. Bible. Last accessed on the 18 0f February 2020.

4
 punishment should be stoning, the Pharisees asked Jesus what should be done. Jesus
responded, "If any one of you is without sin, let him be the first to throw a stone at her. 12
Jesus then forgave the woman and told her not to commit adultery.
Saint Paul put men and women on the same footing with regard to marital rights 13.
This contradicted the traditional notion that relations of a married man with an unmarried
woman were not adultery. This parity between husband and wife was insisted on by early
Christian writers such as Lactantius, who declared: For he is equally an adulterer in the
sight of God and impure, who, having thrown off the yoke, and wantons in strange
pleasure either with a free woman or a slave. But as a woman is bound by the bonds of
chastity not to desire any other man, so let the husband be bound by the same law, since
God has joined together the husband and the wife in the union of one body14.
In the sixteenth century, the Catechism of the Council of Trent defined adultery as
follows: To begin with the prohibitory part (of the Commandment), If a married man has
intercourse with an unmarried woman, he violates the integrity of his marriage bed; and if
an unmarried man has intercourse with a married woman, he defiles the sanctity of the
marriage bed of another15 In the Qur'an, sexual activity before marriage is strictly
prohibited. Islam stresses that sexual relations should be restricted to the institution of
marriage in order for the creation of the family; and secondly, as a means to protect the
family, certain relations should be considered prohibited outside of marriage. Premarital
and extramarital sex (adultery) are both included in the Arabic word Zina. Belonging
primarily to the same category of crimes, entailing the same social implications, and
having the same effects on the spiritual personality of a human being, both, in principle,
have been given the same status by the Qur'an. Zina is considered a great sin in Islam,
whether it is before marriage or after marriage. In addition to the punishments rendered
before death, sinners can expect to be punished severely after death, unless purged of
their sins by a punishment according to Shari'a law.

12
John 8:7 BibleHub.Last accessed on the 9 of February, 2020.
13
1 Corinthians 7:3 BibleHub.Last accessed on the 9 of February, 2020.
14
Epitome of the Divine Institutes, chapter 56 Christian Classics Ethereal Library.Last accessed on the 8
of February, 2020.
15
The Catechism of Trent. Nazareth Resource Library. Last accessed on the 9 of February, 2020.

5
 In the Buddhist tradition, under the Five Precepts and the Eightfold Path, one
should neither be attached to nor crave sensual pleasure. The third of the Five Precepts is
"To refrain from sexual misconduct." For most Buddhist laypeople, sex outside of
marriage is not "sexual misconduct," especially when compared to, say, adultery or any
sexual activity which can bring suffering to another human being. Each may need to
consider whether, for them, sexual contact is a distraction or means of avoidance of their
own spiritual practice or development. To provide a complete focus onto spiritual
practice, fully ordained Buddhist monks may, depending on the tradition, be bound by
hundreds of further detailed rules or vows that may include a ban on sexual relations.
Vajrayana or Tantric Buddhism, on the other hand, teaches that sexual intercourse can be
actively used to approach higher spiritual development.
The theme of adultery features in a wide range of literature through the ages. As
marriage and family are often regarded as basis of society a story of adultery often shows
the conflict between social pressure and individual struggle for happiness. In the Bible,
incidents of adultery are present almost from the start. The story of Abraham contains
several incidents and serves as warnings or stories of sin and forgiveness. Abraham
attempts to continue his blood line through his wife's maidservant, with consequences
that continue through history. Jacob's family life is complicated with similar incidents.
Shakespeare wrote three plays in which the perception of adultery plays a significant part.
In both Othello and The Winter's Tale it is the (false) belief by the central character that
his wife is unfaithful that brings about his downfall. In "The Merry Wives of Windsor,"
an adulterous plot by Falstaff prompts elaborate and repeated revenge by the wronged
wives; the comedy of the play hides a deeper anxiety about the infidelity of women16.
Adultery is a crime in Taiwan17 and the Philippines18. 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
16
In The Country Wife by William Wycherley, the morals of English Restoration satirized. The object of the hero is
to seduce as many married ladies as possible, while blinding their husbands to what is going on society are by
pretending to be impotent. Other acclaimed authors who have featured adultery in their novels include F. Scott
Fitzgerald in his work, The Great Gatsby, Nathaniel Hawthorne in The Scarlet Letter, and John Irving in The World
According to Garp.
17
Criminal Code of the Republic of China, Article 239 .Last accessed on the 20 of January 2020.
18
Revised Penal Code of the Philippines

6
having sexual relations under scandalous circumstances)19. There are currently proposals to
decriminalize adultery in the Philippines20.
Adultery was a crime in Japan until 194721 and until 2015 in South Korea22. 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 which the state should not intervene in 23.
Adultery is not anymore a crime in People's Republic of China, but is a ground for
divorce24.
In Pakistan, adultery is a crime.25. 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. In recent years high-profile rape cases in Pakistan have
given the Ordinance more exposure than similar laws in other countries 26. Similar laws
exist in some other Muslim countries, such as Saudi Arabia and Brunei.

B.STATEMENT OF THE PROBLEM

Adultery in former west Cameroon and Cameroon in general constitutes a
challenge which is caused by legal and institutional weaknesses. In the meantime, the law
on adultery in former west Cameroon were not adequately implemented primarily due to
insufficient resources and inadequate political will.

19
"A brief discussion on Infidelity, Concubinage, Adultery and Bigamy" . Philippine e-Legal Forum.
Archived from the original on 21 October 2014. Last accessed on 12 of January 2020.
20
Gabriela revives proposal to decriminalize adultery. GMA News Online.
21
Analysis of South Koreas Adultery Law - Law Teacher. lawteacher.net. Archived from the original on
12 August 2014. Last accessed on the 21 of January 2020.
22
South Korean court decriminalises adultery BBC News. 26 February 2015.
23
“South Korean court decriminalises adultery". BBC News. 26 February 2015, Greg Botelho; K.J.
Kwon, CNN (26 February 2015). "Court: Adultery now not a crime in South Korea - CNN.com". CNN..
ABC News. 26 February 2015.,. The New York Times. 1 April 2015. Retrieved 7 April 2015.
24
Marriage Law of the People's Republic of China, Article 32. Last accessed on the 23 of January 2020.
25
under the Hudood Ordinance, promulgated in 1979
26
Hudood laws open to change in Pakistan, July 2005.

7
 There has been recurrent conflict between the liberty of the individual and the
security of the society. It is well reflected in the area of sexual behavior as it becomes
difficult to reconcile competing claims of the liberty of the individual (sexual liberty) and
the security of the society (punish ability of abnormal sexual behavior) which so far have
defied final solution Religious prohibitions of adultery, traditionalist cultural practices
and legal history reveal the discriminatory nature of the concept of adultery under most
traditions. In Jewish biblical law, adultery is defined as sexual intercourse between a man
and married woman, not between a woman and a married man 27. Furthermore the penalty
is directed against the married woman and not against her co-respondent. In Islam, Zina
‫ زنا‬is an Arabic term for illegal intercourse; premarital or extramarital, by a person
(whether man or woman) with someone to whom they are not married. Adultery is a
violation of the marital contract and one of the major sins condemned by Allah in the
Qur'an28 However, this provision does not impact men and women equally as men may
take additional wives or concubines and thus avoid liability for adultery. In Native
American cultures, severe penalties could be imposed on an adulterous wife by her
husband. In many instances she was made to endure a bodily mutilation which would, in
the mind of the aggrieved husband, prevent her from ever being a temptation to other
men. Among the Aztecs, wives caught in adultery were occasionally impaled, although
the more usual punishment was to be stoned to death 29. The Laws of Manu of ancient
India said: "though destitute of virtue or seeking pleasure elsewhere, or devoid of good
qualities, yet a husband must be constantly worshiped as a god by a faithful wife"; on the
other, hand, "if a wife, proud of the greatness of her relatives or [her own] excellence,
violates the duty which she owes to her lord, the king shall cause her to be devoured by
27
And the man that committetd adultery with another man's wife, even he that committed adultery with
his
neighbour's wife, the adulterer and the adulteress shall surely be put to death.” (Lev. 20:10).
28
Qur'anic verses prohibiting adultery include:
"Do not go near to adultery. Surely it is a shameful deed and evil, opening roads (to other
evils)."[Quran 17:32]"Say, 'Verily, my Lord has prohibited the shameful deeds, be it open or secret, sins
and trespasses against the truth and reason."'[Quran 7:33].
29
Schoolcraft, Historical and Statistical Information Respecting the History, Condition and Prospects of
the Indian
Tribes of the United States, I, 236; V, 683, 684, 686; H.H. Bancroft, The Native Races of the Pacific
States of North
America, I, 514; ABA aug Journal 1969, p

8
 dogs in a place frequented by many30. In Christianity, in contrast, adultery is considered
according to some Christian sources to be immoral and a sin for both men and women 31.
Nevertheless under common law in England, a Christian state, adultery involving a
married woman and a man other than her husband was considered a very serious crime.
In 1707, English Lord Chief Justice John Holt stated that a man having sexual relations
with another man's wife was "the highest invasion of property" and claimed, in regard to
the aggrieved husband, that "a man cannot receive a higher provocation".
In former west Cameroon, adultery was face with a lot of challenges primarily due to; the
inappropriate application of law, importation of English law, received Nigeria law 32, conflict in
jurisdiction and irregular customary laws practices.

C. Literature Review
Keeping in view the socio-legal nature of the problem, existing literature has been
surveyed. The topic of adultery is generally found in the books on family law, criminal law,
criminology and constitutional law. There are few articles, reports, internet sites on adultery and
they have also been examined. In order to study the problem comprehensively, it is necessary to
make an overview of existing literature.
Ngwafor in his book33, define adultery as “consensual” sexual intercourse between a
married person and a person of the opposite sex, not the other spouse, during the subsistence of
the marriage. He also identified adultery as an indicator of irretrievable breakdown of a marriage.
We shared the view of this author. However, the author examine adultery in general but was not
specific about west Cameroon.
Diwan in his book34, discussed adultery as a ground for divorce. He covers adultery as
ground for judicial separation. Adultery under Indian Divorce Act, is define as “ consensual
sexual intercourse, proof, pleadings” etc. According to him, in matrimonial courts when the

30
Laws of Manu, V, 154; VIII, 371.
31
1 Corinthians 6:9–10.
32
See the British Cameroon order in council No. 1621 of June which ordered the fusion of British
Cameroon to Eastern Nigeria.
33
E.N. Ngwafor., (1993), “ Family law in Anglophone Cameroon, University” of Regina Saskatchewan-
Canada..
34
Paras Diwan., (1997), “ Law of Marriage and Divorce”, 3rd ed. (1997, Repr.with Supp. 2000,

9
person accuses his spouse of adultery, his or her main target is not the adulterer or adulteress but
the wife or the husband and no one has yet suggested that when a surgeon or obstetrician insert
an instrument in the vagina it amounts to penetration. MuUa's Principles of Hindu Law has
discussed the topic of matrimonial adultery35. He has covered non-access, confession, onus and
standard of proof, condonation of adultery. According to him to bring a case under this section it
is not necessary to show that the respondent is living in adultery. A single act of infidelity is
sufficient for judicial separation and divorce
Cho in his article36 argue that, the crime of adultery is a good example of the
moralist tradition under Korean criminal law. Moralism aims to serve as a guardian of a
social ethos through the use of state authority and severe penal sanctions. Although the
crime of adultery would certainly be considered a morally reprehensible act, the use of
criminal law seems neither desirable nor effective as a means to advocate the moral tenet
of spousal fidelity. As such, the crime of adultery should be dealt with in a divorce court
setting and not in a criminal court, and adulterers should be handed civil sanctions and
moral reprehension, not imprisonment.
Further, the usefulness of penalizing the crime of adultery goes no further than branding
the criminal with a “Scarlet Letter,” which operates as a severe intrusion into the privacy
of the individuals involved all in the guise of maintaining sexual morality. Such
stigmatization fails to actually deter the crime of adultery and only produces counter
productive effects. Such negative effects are evidence that the law against criminal
adultery should be placed under stricter constitutional review.

Verma in his book37, discuss the topic of adultery at length. He covers the various aspects
of adultery like history. He has not dealt with adultery as a criminal offence but general
discussion has been given and according to him, there is no time in the history of mankind when
psychologically, the majority of males have not desired a sexual experience with someone other
than their partner. His analyses are equally of great importance to this work.

35
Satyajeet A (.2001), “ Desai, Malta's Principles of Hindu Law,” ,18th ed.
36
Kuk cho., (2002), “The Crime of Adultery in Korea: Inadequate Means for Maintaining Morality and
Protecting Women”. Journal of Korean law, vol, 2, p.8.
37
Paripurnanand V. (1973), “ Sex Offences In India and Abroad,” 171-89,1st ed.

10
 Singh in his article38 deals with adultery in an elaborate way. According to him this type of
behavior is increasing day by day. The reason by him is the change in the definition of marriage
which was considered a religious ceremony. Judiciary is also taking liberal attitude towards extra
marital sex under certain conditions. Extra marital sex may be an alternative for broken
marriages.

D. RESEARCH OBJECTIVES
These objectives are divided into general and specific objectives
General objectives;

The general objectives of the present work is to study the judicial approach on adultery and to
find out whether the offence of adultery should be retained or abolished in Cameroon and to
bring out the challenges of adultery faced by the court and the affected person in former west
Cameroon.
Specific Objectives;
1. To look at the legal challenges of adultery in former west Cameroon
2. To identify the various stakeholders and the legal roles they played in hindering adultery
cases in Cameroon.
3. To assess the adequacy of the legal framework governing adultery in Cameroon

E. RESEARCH QUESTIONS

These questions are of Main and subsidiary

Main questions;
1. What are the legal challenges of adultery in former west Cameroon?
Subsidiary questions
2. Are there legal challenges of adultery in former west Cameroon?
3. Who are the various stakeholders and their roles in hindering adultery in
Cameroon?
4. What are the causes of adultery and how can they be helpful in the elimination of
adultery from the society?

38
Subhash C. S., (1999),7 “Can Adultery be Justified”, 105 CrLJ 109-112(J).

11
  What remedial measures should be taken to check adultery in society?

F. HYPOTHESIS
This study assumes that adultery in former west Cameroon has serious legal challenges which
can be address through legal reforms.

HO2: That the legal framework for adultery in Cameroon are not good enough, there are face
with challenges.

HO3: That these challenges can be addressed.

H. Methodology

The work is based on research conducted through an analysis of relevant primary and
secondary data. Primary data consists of legal instruments on adultery in Cameroon. Secondary
data is gotten through desk research consisting of reviewing records as well as intuition. The
analysis is undertaken with the aim of assessing the strength of the legal framework governing
adultery in Cameroon and identifying the policy and legal changes that can be made in this
regard.

I. Significance of the Study

The research will be of great important to policy and law makers and other
researchers in the domain of family law in general and adultery in particular. It will also
contribute to the legal literature in adultery.

J. Organization of the Study

This work is made up of five chapters.

It begins with a general introduction which embodies the literature review,

research methodology, objectives, and hypotheses, significant and organizational layout.
Chapter one is based on the development or the evolution of adultery.
Chapter two brings out the legal and institutional framework of adultery in Cameroon.
Chapter three deals with the causes and consequences of adultery,
Chapter four handles the remedies of adultery and

12
Chapter five examine the challenges and sanction of adultery in former west Cameroon. The
work ends with a general conclusion and recommendations.

K. Definition of Terms
Adultery
Voluntary sexual intercourse between a married person and someone other than
that person's current spouse or partner 39

Appraissals

A valuation or an approximation of value by impartial, properly qualified persons;

the process of determining the value of an asset or liability, which entails expert opinion
rather than express commercial transactions permitted by law.

Former West Cameroon

This refers to that part of Cameroon that was given to the British by the League of
Nations after the First World War following the defeat of the Germans in 1916.

39
Law library. American law and legal information.

13
 CHAPTER ONE

EVOLUTION OF ADULTERY IN FORMER WEST CAMEROON

1.0 INTRODUCTION
In 1885, Cameroon was a German colony. In 1914, the First World War brok out and
the Germans were defeated and ousted in Cameroon in 1916. In 1919, a peace conference
was held in Paris where the League of Nations was created. It was decided by the League
of Nations that, all the Germans territory were going to become mandated territory under
the League of Nations. Cameroon was divided between the British and the French. The
part of the Cameroonian territory that was given to the British became known as west
Cameroon administered through indirect rule. For the sake of easy administration, west
Cameroon was administered through Nigeria. In this chapter, we shall examine adultery
under customary law, received English law, received Nigeria law, conflict of jurisdictions
and adultery under the present day legislation like the Cameroon penal code.

1.1. ADULTERY UNDER CUSTOMARY LAW

Apart from the written law, Cameroonian law is also made up of various bodies of
customary law throughout the country. In fact, before the arrival of the Europeans,
African societies had already put in place established procedures for the settlement of
disputes. The customary courts which were set up were usually presided over by the local
chiefs. The orderliness of these local procedures and rules explains why in the British
Cameroon’s, the various orders-in-council establishing the British administration
provided that these native laws were to be respected 40. The question that has however
arisen is that of finding out what constitutes our customary law. We may begin by saying
that such a law should reflect the habits and social attitudes of consent of each member of
the group to regard it as such. This explains why the customary law of one ethnic group
would differ from that of the other, for example he Bakweri and the Bali ethnic groups. It
has equally been argued that to be valid, a customary law must be enforceable by our
non-customary courts. This point of view gathers momentum from the definition of
custom given by the Evidence Act41.

40
Section 6, Northern Nigeria Order-in Council 1899.

14
 The phrase customary law will therefore be used here simply to mean generally
accepted usage in any given ethnic group. Indeed, judicial recognition of our body of
customary laws can be found in section 27 of the southern Cameroons Higher Court law
1955. Section 27 (1) provided that:

The Higher court shall observe, and enforce the observance of every native
law and custom which is not repugnant to natural justice, equity and good
conscience, nor incompatible with any law for the time being in force and
nothing in this law shall deprive any person of the benefit of any such native
law or custom.

The phrase, the observance of every native law and custom which is not repugnant to
natural justice, equity and good conscience has understandably given too much debate.
This is so because to the difficulty trying to harmoniS customary law with legislative
enactments. Generally, the court if satisfied that the custom is of general usage within a
particular ethnic group, would not hesitate to uphold it. Hence in the case of Immaculate
Vefonge V. Samuel Lyonga Yuke the Court of Appeal in buea, recognized and enforced a
custom of the Bakweri people which forbids a husband to send away a nursing mother
from the matrimonial home, or to institute divorce proceedings against her.

Under customary law, adultery was recognized as an abomination and thus attracts
punishment. In some cultures like in Bali, when a woman commits adultery the whole family is
affected as the husband and children could not move freely among their age group and the
village as a whole. It was very difficult for someone to ask the hand of their daughters in
marriage because of fear. In some instances, the husband will sent the wife out of the
matrimonial home. On the part of the husband, adultery was seen to be normal and at times, the
wife will know about the atrocity but will chose to be quiet. There has been a lot of argument and
criticism about the judgment of adultery in the customary court because of too much bias on
women.

41
Cap. 62 of the Laws of the Federation of Nigeria 1958. Section 2 provides that: Custom is a rule which
in a particular district, has from long usage, obtained of the force of law.

15
1.2. Received English law
The importation of English Law into former West Cameroon has been guaranteed by
Section 11 of the Southern Cameroon High Court Law 1955 wherein it is stipulated that:

Subject to the provisions of any written law and in particular of this section
and of section 10, 15 and 22 of this law:

a) The common law

b) The doctrines of equity and
c) The statutes of general application which were in force in England on the 1st day of
January 1900, shall in so far as they relate to any matter with respect to which the
legislature of the Southern Cameroon’s is for the time being competent to make law
be in force within the jurisdiction of the court42

It would be sound reasoning to note that the common law applicable in former
West Cameroon is that as it exists in England today and not as it existed before 1900. But
the question that remains unanswered is that of finding out if a statute of general
application which was enacted in England before 1900 but which has either been
repealed or amended will still be in force

42
The Nigerian experience is no different, see S. 28 of the Northern Region High Court Law: Cap 49,
Revised law of Nigeria 1963, see also Article 9 9of the British Mandate Agreement 1922. In fact, when
the administration of German Kamerun was handed over to Britain and France, English rules of law were
applied to the British Cameroons by Virtue of Article 9 of the British Mandate Agreement on the
Cameroons. It stipulated that: The mandatory shall have full powers of administration in the area subject
to the mandate. This area shall be administered in accordance with the laws of the mandatory as an
integral part of his territory and subject to the above principles. The mandatory shall therefore be at
liberty to apply his laws to the territory under the mandate subject to the modifications by the local
conditions, in a custom, fiscal or administrative union or Federation with the adjacent territory under his
sovereignty or control, provided always that the measures adopted to that end do not infringe to the
provisions of this mandate. When British Cameroons passed from a mandated territory to a trust territory,
the foreign jurisdiction Act, 1890, was the enabling statute for the introduction and observance of English
law in the Southern Cameroons.

16
1.3 Received Nigeria law
Article 9 of the British Mandate Agreement on the Cameroons did give Britain
the liberty inter alia to:

…constitute the territory into a customs, fiscal and administrative union or federation
with the adjacent territories, under the sovereignty or control, provided always that the
measures adapted to that end to not infringe to revisions of this mandate.

It was on the strength of this provision that Britain fused together the British
Cameroons with its Nigerian Protectorate for administrative and judicial purposes. In this
regard, most English laws governing matrimonial issues like: the Married Woman
Property Act 1994, the matrimonial Home Act 1997, and Family Law Reform Act
19194343. By the time the Trusteeship Agreement replaces the mandate Agreement in
1946; British Cameroons had been divided into Northern and Southern Cameroons.
However, very little was seen by way of administrative and judicial changes. One of the
consequences of the Nigerian Constitution of 1954 was that it gave birth to a Higher
Court in the Southern Cameroons. The jurisdiction of the High court was dictated by
another statute, namely the southern Cameroon Higher Court Law of 1955. The
implication of this merger with Nigeria meant the application of the laws of the
Federation of Nigeria. So, until she became independent in 1961, former West Cameroon
did apply both English Law and Pre-1960 Laws of the Federation of Nigeria which
influence adultery as it was treated as a crime in Nigeria and thus applicable in
Cameroon. This explains why the Criminal Procedure Ordinance, the company
Ordinance and the provisions of the 1945 – 1958 Revised laws of the Federation of
Nigeria apply in former West Cameroon.

1.4. ADULTERY AND LOCAL LEGISLATION

When Southern Cameroons gained independence in 1961 and decided to join
former East Cameroon to form the Federal Republic of Cameroon, the question arose as
to whether or not the laws that existed in the two different regions would be recognized

43
See the British Cameroon Order-in Council No. 1621 of June 1922.

17
 and this explains why to this day Cameroon has remained a bi-jurial State. Article 46 of
the Federal constitution of 1961 did acknowledge the continuous application of pre-
independence pieces of legislation. It was therein stated that

“ Previous legislation of the Federated Statues shall remain in force in so far as it

does not conflict with the provisions of this constriction”.

In an attempt to water down the difficulties encountered in interpreting section 46

articles 11 of the Federal Ordinance No 9 of 16the October 1961, stipulated that:

For the removal of doubt, it is hereby decreed that article 46 of the constitution of the Federal
Republic of Cameroon shall apply to any law in force immediately before October 1, 1961,
which offers jurisdiction on or regulates the practice and procedure of the Higher Court in so far
as the said law does not conflict with the provisions of the constituent or of any Federation.

The provision of Article 38 of the improved 1972 constitution mainly confirmed

this stance44, article 38 provides that:

The legislation resulting for the laws and regulation applicable in the
Federal state of Cameroon and in the Federated States of the date of entry into
force of this constitution shall remain in force in all their provisions which are not
contrary to the provisions of this constitution, for as long as it is not amended b
legislation or regulatory process.

The upshot of all these enactments is that the Southern Cameroons Higher court
Law 1955, the applicable Revised Laws of the Federation of Nigeria and all other similar
pieces of pre-1961 legislation still apply in former West Cameroon.

The first attempt by Parliament to provide a uniform Law on family Law matters
was made in 1968 when law No. 68/LF/2 of June 11the 1968 organizing Civil Status
Registration was passed45. Thus, in addition to carrying out birth and death registrations,
it also did so for marriages, surprisingly however, the 1968 law dealt exclusively with
formalities to marry, adultery, making no references to capacity to formalities to marry.

44
The 1972 Constitution was later modified by the provisions of Law No. 75/1 of 9 may, 1975.
45
The law of 7th July, 1966 relating to marriage in former East Cameroon.

18
 In former West Cameroon this gap was filled by the application of the Nigerian Marriage
Ordinance46, while the relevant provisions of the 1966 law and French Civil code applied
in former East Cameroon.

The 1968 Law has been repealed and its provisions consolidated in Ordinance N. 81 -2 of
June 29the 1981 (hereinafter referred to as the 1981 Ordinance) and bearing the title Civil Status
Registration.

1.4. CONFLICT OF LAWS

Cameroon, is made up of about 250 tribes. Each tribe has a unique set of
customary laws, although i did hasten to add that there is some resemblance in these
various laws. If a man from Nkambe, for example, gets married to a woman from
Nkambe, there will be no problem as to the choice of the native law and custom should
they eventually go to court. Wimbum customary law will apply. But if a man from Banso
gets married to a girl from Mamfe, the problem will be that of determining whether it will
be the Banso or the Bayangi customary law that will apply the parties in the event of any
legal problem. To make the problem all the more cumbersome we could even presume
that the parties live in limbe. The Manual of Practice and procedure of Court Clerks in
customary courts is very clear on this point47. In the true interpretation this paragraph in
the customary law manual, the parties would have to travel from Limbe to Mamfe for this
purpose. Today however, the tendency is to hear the matter in the customary court in
Limber presided over by judges versed in bayangi customary law.

Another serious conflict could arise where spouses from one tribe travel to a
completely different district having customary laws that could be considered foreign. If a
petition for divorce is filed by one of the spouses in this new district will the customary
court have jurisdiction. Such a matter arose in the Bamenda Court of Appeal in the case
of Onana V Onana48. The parties had been married according to the customary laws of
the Beti people. In a petition for divorce filed in the Mankon customary court, dissolution
of the marriage was ordered. On appeal it was held that as the parties had got married in
46
Chapter 115, Vol. IV of the Revised Law of the Federation of Nigeria 1958.
47
It states that the applicable law will be that of the parents of the girl, that is the customary law of the
Bayangi people.
48
Appeal No. BCA (13CC/89.).

19
 Yaoundé according to the custom of the Beti tribe the Mankon customary court had no
jurisdiction to hear the matter.

We have two systems of law in Cameroon, the common law applicable in former west
Cameroon and the civil law applicable in former East Cameroon. Can a judge who has been
schooled in a civil law system be able to hear and try a matter concerning English Law? What is
more, if basic notions in private International law are grasped by every Family law reader, it is
because conditions like capacity to marry adultery and jurisdiction to grant divorce are governed
by a person’s domicile. In other words, such problems can only be resolved by referring to the
law of his domicile.

1.5 ADULTERY AND PRESENT DAY LEGISLATION IN CAMEROON

On June 22, 2016, the lower house of the Parliament of Cameroon voted to
amend the country’s criminal provisions on adultery. While the Penal Code had already
penalized adultery as a crime for both men and women, responsibility was attached
unevenly. Women were punishable for any form of adultery, but men only if they
committed the crime in their homes or did so elsewhere “habitually49
Under the revised Code, anyone found guilty of adultery could be sentenced to
two to six months of incarceration or a fine of up to the equivalent of about $175 50. One
member of the Cameroon Bar Council, Nick Tazoh, has criticized the proposed
amendment, arguing that it would be a backward step and result in more people being
sent to prisons that are already crowded51.

49
The punishment in either case was two to six months in prison or a fine of from CFA25,000-
CFA100,000 (about US$42-$168). As stipulated Penal Code.
50
Adulterous Men Could Face Cameroon Jail, BBC NEWS (June 23, 2016).
51
Ngnie Kamga, who leads the Council, expressed a similar opinion. (Member of Parliament
Tomaino Ndam Njoya took a different view, stating that “men having children out of wedlock
should be punished because that is evidence of adultery.

20
1.6 CONCLUSION
It is important to note that, laws governing adultery differ in difference society according
to their cultural practices and religious believes. Under customary law, adultery committed by
men was almost normal but a taboo for women. Many laws were also amended in England which
like the Family Law Act, the Matrimonial Home Act, The Family Law Reform Act which
influence matrimonial issue in former West Cameroon including adultery. Nigerian laws on
matrimonial issues were also applicable in Cameroon as southern Cameroon was ruled as an
integral part of Nigeria. The unification of West and East Cameroon with the two legal systems
applicable in the same jurisdiction also plays a pivotal role in the development of Adultery laws
in Cameroon. It is also imperative to know that the, adultery law in Cameroon was amended in
2016 and today, women including men are sanction for the act.

21
 CHAPTER TWO

LEGAL AND INSTITUTIONAL FRAMEWORK OF ADULTERY IN

FORMER WEST CAMEROON AND PRESENT
2.0 INTRODUCTION
For any institution to function well, there must be a sound regulatory frameworks put in
place, and a continues monitoring of this frameworks. In this chapter we shall be looking at the
various international, regional and national instruments that governed adultery in formal west
Cameroon. Some of these legal instruments and institutional are: International Court of Justice,
The Matrimonial Home Act of 1983, and Family Law Reform Act of 1943.

2.1. LEGAL INSTRUMENTS OF ADULTERY

Legal instruments refers to rules and regulations put into place by the legislator
governing a particular sector in the society. In this section, we shall be examining the
international or the global legal instruments on the one hand, the regional instruments on
the other hand and will finally end with the national legal instruments.

2.1.1 INTERNATIONAL LEGAL INSTRUMENTS

Adultery in former west Cameroon was influence by many international legal instruments.
Some of these instruments include: The Matrimonial Home Act of 1983, Family Law Reform
Act of 1943.

22
2.1.2 THE MATRIMONIAL HOME ACT OF 1983

The Matrimonial Homes Act 1967 (C.75) was an Act of the Parliament of the United

Kingdom designed to reverse the Houses of Lords decision in National Provincial Bank Ltd v
Ainsworth  52

Under Lord Denning's decision in Bendall v McWhirter . The decision provoked

disapproval among the judiciary and from the public; a correspondent wrote:

“Dear Sir: You are a disgrace to all mankind to let these women break up homes and expect us
chaps to keep them while they rob us of what we have worked for and put us out on the street. I
only hope you have the same trouble as us. So do us all a favor and take Rolls and run
off Beachy Head and don't come back53”.

The House of Lords effectively nullified Denning's work with the case of
National Provincial Bank Ltd v Ainsworth54which ruled that the deserted wife had no
license to stay55. The Act was primarily aimed at reversing this decision, and to this end it
states that where one person has the right to occupy a property and his spouse does not,
the spouse can occupy the property if it has been used as the marital home. The spouse
can only be evicted with a court order, and the court can grant her the right to occupy the
house if she is not in occupation at the time of the desertion 56. This state of affairs can
continue until the marriage ceases to subsist, either by divorce or by the death of the
partner with the property right57. The Act was given the Royal Assent on 27 July
196758. It was repealed by the Matrimonial Homes Act 1983 and the County Courts Act
198459.

52
(1965) AC 1175, where it ruled that a deserted wife had no right to stay in the family home.

53
 Heward (1990) p.52.
54
(1965) AC 1175 in 1965.
55
 Heward (1990) p.53.
56
 Stone (1968) p.306.
57
 Stone (1968) p.308.
58
"Royal assent (Hansard,(1967),". Hansard. 27 July 1967. Last accessed on the 18 of February 2020.
59
LexisLibrary:Document". LexisNexis. Last accessed on the 17 of February 2020.

23
2.1.3 THE MATRIMONIAL PROCEEDING ACT OF 1884

This act makes provision of the new divorce, adultery and related matters enacted
by the parliament and were commenced on January 1985. The purpose of this Act is to
provide for the legal consequences of the final breakdown of a marriage, including
divorce, the welfare of children and property rights. To minimize the ill-effects of a
breakdown, attempts at reconciliation and the lessening (if possible) of the common
bitterness resulting from a marriage failure must be given prominence, and if the divorce
does go ahead it must be remembered that if there are children what is being broken up is
not just a marriage but a family unit, and the children, as members of that unit must be
given' every care and protection was brought up to international standards. The lobbying
was successful, the African Union resumed the process and the finished document was
officially adopted by the section summit of the African Union, on 11 July 2003 which
concerns all matters even adultery.

2.2. NATIONAL LEGAL INSTRUMENTS

National legal instruments refers to laws put in place by the government to regulate the
conduct of people in the society. Adultery which is a crime in former west Cameroon is among
the issues. Some of these instruments are: The Cameroon Federal Constitution of 1961, the 1954
Constitution of Nigeria, and Law No 68/LF of June 11th 1968

2.2.1. THE CAMEROON FEDERAL CONSTITUTION OF 1961 ORGANISING CIVIL

STATUS REGISTRATION

When Southern Cameroons gained independence in 1961 and decided to join

former East Cameroon to form the Federal Republic of Cameroon, the question arose as
to whether or not the laws that existed in the two different regions would be recognized
and this explains why to this day Cameroon has remained a bi-jurial State. Article 46 of
the Federal constitution of 1961 did acknowledge the continuous application of pre-
independence pieces of legislation. It was therein stated that: Previous legislation of the
Federated Statues shall remain in force in so far as it does not conflict with the provisions
of this constriction.

24
 In an attempt to water down the difficulties encountered in interpreting section 46
of the 1961 Constitution, articles 11 of the Federal Ordinance No 9 of 16the October
1961, stipulated that:

For the removal of doubt, it is hereby decreed that article 46 of the constitution of the Federal
Republic of Cameroon shall apply to any law in force immediately before October 1, 1961,
which offers jurisdiction on or regulates the practice and procedure of the Higher Court in so far
as the said law does not conflict with the provisions of the constituent or of any Federation.

The provision of Article 38 of the improved 1972 constitution mainly confirmed

this stance60 Article 38 provides that:

The legislation resulting for the laws and regulation applicable in the Federal state
of Cameroon and in the Federated States of the date of entry into force of this
constitution shall remain in force in all their provisions which are not contrary to
the provisions of this constitution, for as long as it is not amended by legislation
or regulatory process.

2.2.3. THE 1954 CONSTITUTION OF NIGERIA

One of the consequences of the Nigerian Constitution of 1954 was that it gave
birth to a Higher Court in the Southern Cameroons. The jurisdiction of the High court
was dictated by another statute, namely the southern Cameroon Higher Court Law of
1955. The implication of this merger with Nigeria meant the application of the laws of
the Federation of Nigeria. So, until she became independent in 1961, former West
Cameroon did apply both English Law and Pre-1960 Laws of the Federation of Nigeria
which influence adultery as it was treated as a crime in Nigeria and thus applicable in
Cameroon. This explains why the Criminal Procedure Ordinance, the company
Ordinance and the provisions of the 1945-1958 Revised laws of the Federation of Nigeria
apply in former West Cameroon.

60
The 1972 Constitution was later modified by the provisions of Law No. 75/1 of 9 may, 1975.

25
2.2.4. LAW NO 68/LF OF JUNE 11th 1968

The first attempt by Parliament to provide a uniform Law on family Law matters
was made in 1968 when law No. 68/LF/2 of June 11the 1968 organizing Civil Status
Registration was passed61. Thus, in addition to carrying out birth and death registrations,
it also did so for marriages, surprisingly however, the 1968 law dealt exclusively with
formalities to marry, adultery, making no references to capacity to formalities to marry.
In former West Cameroon this gap was filled by the application of the Nigerian Marriage
Ordinance62, while the relevant provisions of the 1966 law and French Civil code applied
in former East Cameroon.

The 1968 Law has been repealed and its provisions consolidated in Ordinance N. 81 -2 of
June 29the 1981 (hereinafter referred to as the 1981 Ordinance) and bearing the title Civil Status
Registration.

2.3 INSTITUTIONAL FRAMEWORKS REGULATING ADUTERY IN FORMER

WEST CAMEROON
When laws are enacted and promulgated, institutions are created as a moral person to
enhance proper functioning of those institutions. Some of these institutions are: International
Court of Justice, The Customary Court, and The southern Cameroon High Court Law 1955.

2.3.2 INTERNATIONAL COURT OF JUSTICE

The International Court of Justice (ICJ) sometimes called the World Court is the principal

judicial organ of the United Nations (UN). The ICJ settles disputes between states and
gives advisory opinions on international legal issues referred to it by the UN. Through its
opinions and rulings, it serves as a source of international law. The ICJ is the successor of
the Permanent Court of International Justice (PCIJ), which was established by the League of
Nations in 1920. After the Second World War, both the League and the PCIJ were succeeded by
the United Nations and ICJ, respectively. The Statute of the ICJ draws heavily from that of its
predecessor, and the latter's decisions remains valid. All members of the UN are party to the ICJ
Statute.

61
The law of 7th July, 1966 relating to marriage in former East Cameroon.
62
Chapter 115, Vol. IV of the Revised Law of the Federation of Nigeria 1958.

26
 The ICJ comprises a panel of 15 judges elected by the General
Assembly and Security Council for nine-year terms. The court is seated in the Peace
Palace in The Hague, Netherlands, making it the only principal U.N. organ not located in
New York City.  Its official working languages are English and French. The first
permanent institution established for the purpose of settling international disputes was
the Permanent Court of Arbitration (PCA), which was created by the  Hague Peace
Conference of 1899. Initiated by Russian Czar Nicholas II, the conference involved all
the world's major powers, as well as several smaller states, resulted in the first
multilateral treaties concerned with the conduct of warfare. Among these was
the Convention for the Pacific Settlement of International Disputes, which set forth the
institutional and procedural framework for arbitral proceedings, which would take place
in The Hague, Netherlands.

Following a peak of activity in 1933, the PCIJ began to decline in its activities due to the
growing international tension and isolationism that characterized the era. The Second World
War effectively put an end to the Court, which held its last public session on December 1939 and
issued its last orders on February 1940. In 1942 the United States and United Kingdom jointly
declared support for establishing or re-establishing an international court after the war, and in
1943, the U.K. chaired a panel of jurists from around the world, the "Inter-Allied Committee", to
discuss the matter. Its 1944 report recommended that: The statute of any new international court
should be based on that of the PCIJ;

2.3.3 THE CUSTOMARY COURT

These courts have competence in civil matters, customary marriages, adultery, divorce and
inheritance. Customary law courts apply the custom of the parties. Note should be taken that
customary law courts have no competence in criminal matters. Note should also be taken that
where the law has reserved a particular area exclusively to other courts, the customary law courts
do not have competence over the matter.

2.3.4 THE SOURTHERN CAMEROON HIGHT COURT LAW 1955

The importation of English Law into former West Cameroon has been guaranteed by Section 11
of the Southern Cameroon High Court Law 1955 wherein it is stipulated that:

27
 Subject to the provisions of any written law and in particular of this section
and of section 10, 15 and 22 of this law:

d) The common law

e) The doctrines of equity and
f) The statutes of general application which were in force in England on the
1st day of January 1900, shall in so far as they relate to any matter with
respect to which the legislature of the Southern Cameroon’s is for the time
being competent to make law be in force within the jurisdiction of the
court63

It would be sound reasoning to note that the common law applicable in former West Cameroon is
that as it exists in England today and not as it existed before 1900.

2.4.CONCLUSION

The crime of adultery is a critical issue in the society. Its required sound legal
frameworks and institutions to for it prober monitory. Legal frameworks have been put in
place by the legislator in this regard. Institutions have also been put in place to monitor
public discussion, workshop, to educate people about the impact of this crime to the
family and the society as a whole.

63
The Nigerian experience is no different, see S. 28 of the Northern Region High Court Law: Cap 49,
Revised law of Nigeria 1963, see also Article 9 9of the British Mandate Agreement 1922. In fact, when
the administration of German Kamerun was handed over to Britain and France, English rules of law were
applied to the British Cameroons by Virtue of Article 9 of the British Mandate Agreement on the
Cameroons. It stipulated that: The mandatory shall have full powers of administration in the area subject
to the mandate. This area shall be administered in accordance with the laws of the mandatory as an
integral part of his territory and subject to the above principles. The mandatory shall therefore be at
liberty to apply his laws to the territory under the mandate subject to the modifications by the local
conditions, in a custom, fiscal or administrative union or Federation with the adjacent territory under his
sovereignty or control, provided always that the measures adopted to that end do not infringe to the
provisions of this mandate. When British Cameroons passed from a mandated territory to a trust territory,
the foreign jurisdiction Act, 1890, was the enabling statute for the introduction and observance of English
law in the Southern Cameroons.

28
 CHAPTER THREE

CAUSES AND EFFECTS OF ADULTERY

3.0. INTRODUCTION
Adultery come from a Latin word “adulterium” it is extramarital sex that is considered
objectionable on social, religious, moral, or legal grounds. Although the sexual activities that
constitute adultery vary, as well as the social, religious, and legal consequences, the concept
exists in many cultures and is similar in Christianity, Islam, and Judaism. A single act of sexual
intercourse is generally sufficient to constitute adultery, and a more long-term sexual relationship
is sometimes referred to as an affair, in this chapter we shall be looking at the various causes and
effects of adultery.

3.1 CAUSES OF ADULTERY

3.1.1 LIVING APART FOR EXTENDED PERIODS OF TIME

Travel for work and living apart for extended periods of time invariably lead to
affairs. This may be due to the reason that one of the parties might be too expose to the

29
 new environment and with time creates a new relationship. Excitement, forbidden fruit,
boredom, opportunity, enticement, retaliation as we can see, the reasons why people have
affairs are endless thus leading to infidelity.

3.1.2 INSECURITY

At the same time, too much insecurity can be one of the causes of infidelity in a
marriage. The need for constant reaffirmation can lead to an affair, especially if one
spouse becomes “too needy” or “too clingy.” It’s a delicate balance to find, but marriage
requires nothing less than true and dedicated commitment. But in situation of much
insecurity can force one party to commit adultery.

3.1.3 ISSUES INVOLVING BODY IMAGE AND AGING

Issues involving body image and weight gain as well as aging can, unfortunately,
lead to an affair or divorce. Some people will “trade in” an aging spouse for a “younger”
model. But let’s face it. Many spouses tend to “let themselves go” over time. During the
“romance” period, both spouses typically try to present themselves in the best possible
light to “win” the affections and marriage commitment of the other. Once the prize
(marriage) is won, many people think that “the chase is over.” Not so. Marriage is only
the beginning. If people continued to consciously keep “chasing” their spouse, affairs and
divorces could be avoided. Also aging causes infidelity in a situation where one of the
parties cannot really perform he\her duties in the marital home especially men.

3.1.4 FEELING UNAPPRECIATED

Some people fall into having an affair simply because they feel that they are not
appreciated at home or that they are “doing all of the work” in keeping a marriage and
home together. Again, questions to ask are these: Am I appreciative of my spouse? Am I
being the “right person” for my spouse? If more people harbored a “servant’s” mindset
for their spouse, more and more affairs and divorces could be avoided. So feeling
unappreciated lead to infidelity.

30
3.1.5 LACK OF RESPECT AT HOME

In many situations one party was claim superiority over the other actions like this
always brings infidelity. Does your spouse treat you well? Do you treat your spouse well
in return?. It’s really not surprising that many directors and doctors in general are often
worshipped by their staff at work, but in contrast at home, they are treated with a lack of
respect. Absolutely everyone enjoys a compliment; it would go a long way if spouses
found ways to complement each other regularly.

3.1.6 GROWING APART WITH YOUR PARTNER

People grow apart. Do you and your spouse have the same goals anymore? Do you want to ride
off into the sunset together after the children are grown? Is your spouse your best friend?
Addiction Alcohol and drugs often go hand in hand with affairs. There are many cases where a
spouse will trade one addiction for another. A person’s addiction to drugs or alcohol is
chemically no different than an addiction to the Internet, porn, food, or any other unhealthy
excess.

3.1.7 Not Married for the Right Reasons

Did we marry for the right reason? Or better yet, did we become the “right”
person for our spouse? Do we both have enough in common? If not, this will often lead to
infidelity because one party might feel somehow look for that commonality in the arms of
someone else.

3.1.8 BOREDOM

Boredom can lead to an affair. Many people fall into routines, including tired
routines in the bedroom. What do you do to keep your marriage fresh? Many divorces
could be possibly avoided if people took the time and commitment to communicate
verbally and physically and keep things exciting. Some people look for excitement to
escape boredom. It can be by experimenting with other relationships, trying drugs, fast
cars, or hanging out with different people can easily lead to adultery.

31
3.1.9. FACEBOOK AND INTERNET

Facebook is now a contributing factor to about a third of all divorces. A couple of

years ago, that number was not much. You can meet anyone online. There are situations
where someone reconnected with a high school sweetheart and ran off during the divorce
even though the sweetheart lived over miles away. Online fantasy that the “grass is
greener on the other side” is a significant cause in the breakdown of marriages today. The
Internet is a major facilitator of infidelity. It is much easier to find forbidden fruit online
than it is in person.  There are so many websites where people can meet with no questions
asked.

3.1.10 PORNOGRAPHY

Pornography is rampant on the Internet but does this lead to affairs? it leads to
emotional affairs and the death of love and trust? Absolutely! Internet and “porn
addiction” are significant factors causing the breakdown of marriages today. And we
might be surprised to know that this problem is not discriminatory toward men. More and
more women suffer with Internet and porn addiction today just as much as men.

3.1.11 RUNNING AWAY FROM PROBLEMS

Running away from problems is a major contributor toward infidelity. Making

excuses rather than facing the music with your spouse opens the door to infidelity,
especially emotional affairs. There are many examples where a spouse would tell me that
he or she has found a coworker with a shoulder to lean on. It should be no surprise that
sympathetic coworkers regularly become participants in illicit affairs.

3.2 EFFECTS OF ADULTERY

Adultery is one of the worst things that can happen in a marriage and violets everything you
have built with your partner in such a personal way. The fatal blow to any marriage is an
adulterous affair where one or both spouses think they finally found him or her soul mate.
Adultery affects marriages. The worst thing that can easily break down a marriage. Below are
some of the effects of adultery.
32
3.2.1 GUILT AND SHAME

Guilt and shame are big components of adultery both for those who cheat and for the
wounded spouse. When infidelity is discovered in a marriage, and brought out in the open by the
couple, usually there is an overt or covert agreement not to tell or hide the fact from others,
except perhaps for a close family member or friend. And, they are told not to tell. It is as if
infidelity is a black mark. It’s embarrassing. One would think this is true for the cheating spouse,
which it is most of the time. But even in more situations it is the wounded spouse who feels the
embarrassment and shame. The wounded spouse wants to shrink, wants to hide and indeed feels
as if he or she is tainted. The persistent thoughts can be “there must be something wrong with
me,” “something was wrong with the marriage,” or “I failed.” Life becomes constricted

3.2.2 LOSS OF TRUST AND INTIMACY

A fatal consequence of adultery is broken trust and loss of intimacy. An entangled affair
is always the result of an intimacy deficit in the marital relationship. Part of the lure of the affair
for an unfaithful spouse was the opportunity to be himself or herself in his or her own little
private world they constructed with another person. They desperately needed that freedom to be
themselves, to be accepted and appreciated. They didn’t want to prate pretend or stay within a
certain mold, since it was a brand new world with no rules expect those they chose to create with
a new partner. It’s important to identify what was missing in the marital relationship and repair
that loss.

3.2.3. DIVORCE

While cheating doesn’t always end in divorce, it can have a devastating impact. It is probably
the most damaging thing that can happen to a marriage. Unfortunately, it is also one of the most
common problems a married couple will face. It is the depth of betrayal and emotional pain that
often leads to divorce after infidelity. Such negative emotions are hard to put behind you and
many people feel there is no way to rebuild trust in the marriage. If you have found yourself in
this situation, take heart, your negative emotions will eventually fade and your life will become
normal again. If, for that to happen, you need to divorce, then you are among the majority. That
is exactly how most people deal with infidelity in their marriages. Even considering the option of
divorce is enough to cause emotional pain that is not forgotten. Think of a family like passengers

33
on a boat. If the boat sinks, everyone drowns. Using this analogy of a sinking boat and taking it
one step further, adults typically know how to swim and have more stamina than children who
may or may not know how to swim, but lack strength. The same is true with a divorce. Most
adults can handle the breakup of their marriage or committed relationship and move forward
even if it is difficult and painful. Research shows that often this is not the case for children.
Children from divorced homes are at increased risk for academic, social, and emotional injury or
failure.

3.3.4 LONELINESS

Infidelity is lonely and isolating. When the affair comes out, people may vanish,
either because you told them to stay away, they have chosen a side or you didn’t want
anyone around during such a tough time. If you’re unfaithful, you don’t want to tell
anyone for fear of being labeled every bad name in the book. It’s not dinner party
conversation. If you’ve been betrayed you also don’t want to tell anyone for fear of the
labeling or the pity or the sense of shame that betrayed spouses can feel, or the
unsolicited advice many choose to give. The potential labeling from people who have the
nerve to think you were a bad spouse or why else would they have cheated? Or, if you
have just done this, then they wouldn’t have needed to go outside of marriage (hard, to
believe someone would say this, but they do!). It is also hard to find a safe place or group
of people you can talk to and not be told what you should do or how you should feel.

3.2.4 ILLNESS

On top of the dangers of being exposed to different sexually transmitted diseases when a
partner cheats, illness can occur. Most people would agree that being cheated on is a miserable
experience. It not only has the power to make you feel awful, but also ill. Research over the past
few decades provides evidence that suggests infidelity can, in fact, lead to illness. This research
suggests that infidelity can be a factor in the development of mental illness and can also have
consequences for a person’s physical health. There is a growing school of thought that the
discovery of a partner’s infidelity can be a psychologically traumatic event significant enough to
trigger post-traumatic stress disorder (PTSD). Marriage and family counselors who confront the
consequences of infidelity on a regular basis note that discovering infidelity can lead to

34
depression, suicidal thoughts, anxiety and even flashbacks to the discovery, all of which
resemble classic symptoms of PTSD.

3.2.5 EFFECTS ON THE CHILDREN

  When parents are in crisis, their children are also in a crisis. When a house burns down,
the children along with the adults become homeless. The same is true when infidelity plagues a
family. Children feel and experience turmoil, fear, uncertainty, and anger. The tears, the
withdrawal, the accusations, the distraction, the fighting of the adults affect everyone in the
family and in particular children who by nature are very sensitive and dependent upon their
parents for emotional and physical stability and safety.

3.2.6 EMOTIONAL EFFECTS

After the affair has ended and the “shock” has died down, most couples do not do
the necessary work to heal and recover fully. These couples remain in a state of
polarization, mistrust, and guilt. The quality of their relationship never fully recovers. It
is like painting over rust. The paint peels easily and never looks right. For a couple who
never fully heals from the injuries caused by adultery, there are many triggers that bring
back painful memories, emotional volatility, and extreme reactions. This emotional
tension that affects couples who have not healed from adultery impacts everyone around
them; especially their sensitive children. The injured party has lingering bitterness and
needs strategies to deal with the feelings of bitterness in order to survive the infidelity.

3.2.7. ALWAYS REMEMBERED AND EVERYONE THAT KNOWS IT IS CHANGED

FOREVER

 Even though the couple may choose to stay together, everyone who knows these
two individuals will always treat them differently. Like someone who has committed
murder, he or she is always known as a” murderer” The same goes for the adulterer and
his or her partner; they are forever stigmatized by close family and friends. When the
news of adultery is first broken, it is very important to decide who should know and who

35
 should not know. The choice is yours. Who you tell can evolve into either a positive or
negative event as you move forward as a couple.

3.2.8. SEXUALLY TRANSMITTED INFECTIONS

Like any sexual contact, extramarital sex opens the possibility of the introduction of
sexually-transmitted diseases (STDs) into a marriage. Since most married couples do not
routinely use barrier contraceptives, STDs can be introduced to a marriage partner by a spouse
engaging in unprotected extramarital sex. This can be a public health issue in regions of the
world where STDs are common, but addressing this issue is very difficult due to legal and social
barriers to openly talk about this situation would mean to acknowledge that adultery (often) takes
place, something that is taboo in certain cultures, especially those strongly influenced by
religion. In addition, dealing with the issue of barrier contraception in marriage in cultures where
women have very few rights is difficult. the power of women to negotiate safer sex (or sex in
general) with their husbands is often limited The World Health Organization (WHO) found that
women in violent relations were at increased risk of HIV/AIDS, because they found it very
difficult to negotiate safe sex with their partners, or to seek medical advice if they thought they
have been infected

3.2.9 CONCLUSION

As examine above, we have noticed that adultery is a crime that has many causes and can
hardly be avoided in the society and the effects also have several Impacts on both the spouse and
the children in one way or the other as examined above.

36
 CHAPTER FOUR

REMEDYOF ADULTERY IN FORMER WEST CAMEROON

4.0 INTRODUCTION

Recent studies have estimated that as many as 60% of married people will have
an affair at least once in their life64. It is also approximated that 50% to 60% of couples
attending therapy participate because of problems relating to infidelity 65. Of this 50%-
60% of couples in therapy as a result of infidelity, most include reconciliation as a goal 66.
In light of this information, it is essential that couple therapists understand mechanisms of

64
Abrahamson, I. et al (2012), “What helps couples rebuild the relationship after infidelity”, Journal of
Family Issues, 33(11), 1494-1519.
65
Additional random sample. Journal of Family Psychology, 15(4), 735-749.
66
Bagarozzi, D. et al, (2008). ,Understanding and treating marital infidelity: A multidimensional
model. The American Journal of Family Therapy, 36(1), 1-17.

37
 healing and reconciliation and the therapy processes necessary to reach this goal. There
are many diverse healing mechanisms that can be employed by a therapist to treat a
couple in therapies following disclosure of infidelity. To understand treatment following
infidelity it is important to understand some concepts and principles at the core of healing
an attachment. The aspects of recovery from infidelity examined here are forgiveness,
reconciliation, and the use of disclosure to restore trust. These concepts are

4.1.1. Forgiveness

The first component of healing following infidelity that we examine is

forgiveness. Forgiveness has been defined in many different ways, and conceptualized
through many frameworks and models. As we explore the various dimensions of
forgiveness we examine both the challenge of defining forgiveness, and concepts
commonly mistaken for forgiveness that are clearly excluded from an accurate
description. In addition, the positive change, intrapersonal nature, requirement of choice,
and motivations to forgiveness are described. One of the biggest challenges within the
helping professions today is that of defining forgiveness. However, the importance of
understanding forgiveness is immeasurable.67 Emphasize the importance of understanding
forgiveness. Indeed the literature emphasizes that while forgiveness is not in itself
dangerous; misunderstanding forgiveness has great potential for harm 68. In the
forgiveness literature several processes are believed to be commonly mistaken for
forgiveness at times. However, the exclusion of these items from the definition of
forgiveness is generally agreed upon. Some of the actions believed to be incompatible
with forgiveness include condoning, excusing, pardoning, forgetting, and justifying 69.
When any of these practices are confused with forgiveness or included in the forgiveness
process, pseudo-forgiving is possible in which forgiveness is declared while resentment
67
Enright, R. D., Eastin, D. L., Golden, S., Sarinopoulos, I., & Freedman, S. (1992). Interpersonal
forgiveness within the helping professions: An attempt to resolve differences of opinion.
Counseling and Values, 36, 84-103.
68
Butler, M. H., Dahlin, S. K., & Fife, S. T. (2002). “Languaging” factors affecting clients’
acceptance of forgiveness intervention in marital therapy. Journal of Marital and Family
Therapy, 28(3), 285-298
69
Worthington, E. (2005). Handbook of forgiveness. New York: Taylor and
Francis.

38
 may remain, or even increase. Despite the wide variance in definitions, a few components
are widely agreed upon as accurate descriptions of forgiveness. In the literature there is
one transformation that is most commonly considered a key component to forgiveness.
This component is a decrease in the victim’s negative response and increase in positive
response towards the offender70. The negative responses in need of diminishment can
include attitude, emotion, cognitions, motivations, and so on 71.
Another descriptive and defining factor of forgiveness is that forgiveness is generally seen as
an intrapersonal process72, with some conceptualizations suggesting an interpersonal theme
especially when the victim is working with the offender toward forgiveness73. A definition to join
these two perspectives has been offered, which defines forgiveness as, “individual, change
toward a perceived transgressor that is situated within a specific interpersonal context 74.
Therefore the changes made in conjunction with forgiveness are within the individual, while the
context of the offense was relational. The intrapersonal nature implies that the act of forgiving is
chosen by the victim, or the non-offending person, independent of the subsequent actions on the
part of the perpetrator or offender75. From the frameworks of forgiveness outlined, it is suggested
that forgiveness is granted as a gift from the Forgiver to the offender76.
Forgiveness is also a gift the forgiver gives to themselves in order to move
beyond the offense. When a perpetrator is deceased or otherwise unavailable, the victim
can still achieve full and complete forgiveness. lastly, motivations for forgiveness differ
vastly across each individual person and situation. While at times the injured party seeks
to develop forgiveness out of concern for the well-being of the offender, it has been noted
that the healing effects of forgiveness are perhaps equally or more significant for the
forgiver proposes that the healing process of the injured is promoted and assisted by
forgiving their perpetrator. Indeed it has been found that forgiving others “may be
associated with long-term social adjustment and to physical and mental health 77.

70
Ibid p59
71
McCullough, M. E, (2000). Forgiveness: Theory research and practice. New York: Guilford.
72
Ibid pp 85 to 103
73
Ibid P9
74
Ibid p 9
75
Hope, D. (1987). The healing paradox of forgiveness. Psychotherapy, 24, 240-244.
76
Ibid p 9

39
 Consequently a victim may choose to forgive with their own wellbeing as a primary
motivation.
Within the context of recovery from infidelity, these factors of forgiveness can manifest
themselves in many ways. We observe that a change in the non-offending partner from negative
to more positive reactions to the offending partner can indicate greater forgiveness. However,
forgiving is the choice of the non-offending spouse independent of the actions of the spouse that
was unfaithful. This process of forgiving the offense will take place as a personal internal
process for the injured partner and for this internal forgiving process to take place following
infidelity the non-offending spouse must be sufficiently motivated 78. Whether this motivation is
their own personal well-being or an external motivator, a spouse who has been injured by the
infidelity of their partner must have sufficient motivation to engage in the internal process of
forgiveness. Forgiveness is difficult to understand completely. Opinions on how to achieve
forgiveness are varied. Still, there are common factors that a mental health professional might
consider while assisting a couple in the process of healing following infidelity. These factors
include (1) the need for adjustment in the non-offending partner’s reactions toward the offending
spouse, (2) the intrapersonal nature of forgiveness, (3) the choice that must be made by the
forgiver to commit to the forgiving process, and (4) incentives to engage in forgiveness one of
which may be the possibility for reconciliation

4.1.2. RECONCILIATION

Reconciliation is the second aspect or remedy of recovering from infidelity to be discussed.

Alongside forgiving, reconciliation is another term within the helping field for which a variety of
understandings and definitions are provided. In addition, very little research has studied
reconciliation and the processes and interventions necessary for reconciliation to be achieved79 .
A few of the characteristics of reconciliation examined here include the central theme of
trust, interpersonal nature, motivations for, and exceptions to healthy reconciliation. Exploring

77
Berry, J. W. et al. (2001). “Dispositional forgivingness: Development and construct validity of the
Transgression Narrative Test of Forgivingness” (TNTF). Personality and Social Psychology Bulletin, 27,
1277–1290.P1278.
78
Ibid P 1278.
79
Shnabel, N. et al, (2008). “A need-based model of reconciliation: Satisfying the
differential emotional needs of victim and perpetrator as a key to promoting reconciliation”. Journal of
Personality and Social Psychology, pp 94(1), 116-132.

40
these elements creates a context in which forgiveness and reconciliation as related as remedy for
infidelity.
Reconciliation has been defined as “reestablishing trust in a relationship after trust has been
violated80and also added that the main two components of reconciliation are commitment and
trust. Understanding the path to restoring trust can assist the knowledge and understanding of
how reconciliation works and how to complete relational repair in a relationship that has been
injured by infidelity. Knowing that reconciliation centers on commitment and trust, logic dictates
that reconciliation is an interpersonal process. In order to repair a relationship and engage in
reconciliation, both parties must be willing to commit to and invest in the relationship and then
alter their behavior to make the relationship work81and also points out that logically, since
reconciling is repairing a relationship, it does not occur within an individual. For more personal
and intimate relationships reconciling requires both the offender and the injured partner to be
willing to come together to work, play, and live together in a safe atmosphere 82. The investment
requisite on the part of the injured partner is willingness to exhibit good will and set aside blame.
The efforts of the offending party need to exhibit a willingness to take responsibility and make
amends in part to rebuild trust and safety. In accordance with the need for both members of the
relationship to be part of the reconciliation process there needs to be the opportunity for ongoing
contact83. Thus if one party is deceased or absent from the relationship, the two are unable to
reconcile84 . The desire for reconciliation may be motivated by a number of sources. Some of
these include the desire for decreased social tension, a need to alleviate guilt, the fear of losing
previous investments in the relationship, valuing the other person as a partner, anxiety over
potential for a perceived failure, a belief that doing nothing will make the situation worse, the
idea that reconciliation will lead to a stronger relationship. These motivations can be internal or
external in nature, and lead to interpersonal action and behavior that fosters a repair in the
relationship.

80
Ibidp9.
81
Ibidp9.
82
Johnson, S. M. (2004). “The practice of emotionally focused couple therapy”. New
York: Taylor & Francis.
83
Ibidp9
84
Worthington, E. (2006). (Forgiveness and reconciliation). New York: Taylor &
Francis.

41
 Safety is pivotal in order for reconciliation to take place in a personal relationship 85. While
reconciliation may relieve difficulties in areas including finances, social tension, public view and
other factors, it is undesirable in situations lacking change from the perpetrator 86. Uncertainty
that the same behavior will not be repeated is a powerful deterrent to initiating or continuing a
reconciliation process. Reconciliation without change in the relationship and alterations in the
behaviors of both partners, especially the perpetrator, places the injured person at risk 87. Thus
reconciliation should not be attempted in relationships that continue to be unsafe88. In the case of
infidelity, pursuing reconciliation with insufficient change on the part of the offending partner
exposes the aggrieved partner to unacceptable emotional, psychological, physical, and
attachment risk.

4.1.3 RELATIONSHIP BETWEEN FORGIVENESS AND RECONCILIATION

Because of the large roles of forgiveness and reconciliation in relationship healing

Following infidelity, it is necessary to compare and contrast the two to understand how
each can be sought in therapy. When examined side by side it becomes apparent that
forgiveness and reconciliation are separate processes in distinct contrast. Several topics
are to be explored concerning the relationship between forgiveness and reconciliation.
First, four possibilities are examined regarding potential combinations of forgiveness and
reconciliation. Within the context of these combinations we explore the compatibility and
extent of independence of forgiveness and reconciliation by investigating ways in which
the processes of one may influence the processes of the other. “For forgiveness to occur,
it is essential that the injured person be able to recognize the difference between
forgiveness and reconciliation and understand his or her behavior and the motivation
behind it” 89. The literature distinguishes forgiveness and reconciliation as separate and

85
Ibid p.36.
86
Worthington, E. (2001). Five steps to forgiveness: The art and science of forgiving. New York,
New York: Crown Publishers.
87
Enright, R. D. (2001). Forgiveness is a choice: A step-by-step process for resolving anger and
restoring hope. Washington, DC: American Psychological Association.
88
Ibid 2006
89
Freedman, S. (1998). Forgiveness and reconciliation: The importance of how they differ.
Counseling and Values, 42(3), 200-216

42
 independent processes Yet these two acts are often confused with each other by
laypersons and some professionals, though they are indeed separate 90 explain that
repentance and forgiveness are not the same as reconciliation
There are several differences that separate forgiveness and reconciliation from each other.
Many of these factors are listed above in the conceptualizations of each process individually.
First, while forgiveness is defined as intrapersonal and therefore is an internal process,
reconciliation is inherently interpersonal and is seen to be an external act 91. Another separation
between forgiveness and reconciliation is that forgiveness is given but reconciliation is earned 92.
This means that a victim forgives of their own choice, for which no change is required on the
part of the perpetrator. However, inasmuch as reconciliation requires a restoration of trust,
reconciliation must be earned through trustworthy behavior of the offender, whereas forgiveness
can occur without building or rebuilding trust93. These are two key ways in which forgiveness
and reconciliation are in stark contrast to one another.

As outlined above both combinations of forgiveness and reconciliation are possible. These
include four types of situations. First is a circumstance in which both forgiveness and
reconciliation have occurred. The second option is the possibility of forgiveness without
reconciliation. The third combination is reconciliation without forgiveness. Reconciliation as
described above is a rebuilding of trust and engaging in pleasant interaction. These two processes
may take place while a negative reaction including anger and resentment towards the offending
party may remain. Based on the conceptualization of forgiveness provided above, the lingering
of these negative reactions is evidence of a lack of forgiving. Thus if this negative reaction can
remain while functional interaction can be developed and belief in the predictability of the other
person’s behavior can be restored, reconciliation can take place without forgiveness occurring.
However, if one defines reconciliation as entailing relationship repair, it can be argued that as

90
Worthington, E. (2001). Five steps to forgiveness: The art and science of forgiving. New York,
New York: Crown Publishers.
91
Ibid 2005.
92
Enright, R. D. (2001). Forgiveness is a choice: A step-by-step process for resolving anger and
restoring hope. Washington, DC: American Psychological Association.
93
Ibid 2001.

43
long as anger and resentment linger the relationship has not been truly repaired and thus
reconciliation cannot be complete without forgiveness94.
The fourth and final potential combination of forgiveness and reconciliation is an absence of
both forgiveness and reconciliation. There are reasons persons might choose any of these four
options, and potential negative consequences too. These several combinations show that while
forgiveness and reconciliation are compatible and interrelated, they are largely independent as
well.
While forgiveness and reconciliation are separate and occur independently of each other the
two are considered related in the sense of both being part of relational healing. An additional
suggested avenue through which forgiveness and reconciliation are related is that forgiveness can
naturally lead a person to desire reconciliation as a result of the compassion and softened
attitudes developed through forgiveness95. Forgiveness and reconciliation have many contrasting
factors that separate them. But there are also commonalities between them that such that shifts in
one can produce shifts in the other as well. One noted most frequently in the literature is an
emotional switch containing an adjustment from aggressive emotions to friendly. This change
would obviously impact motivation for both forgiveness and reconciliation. Regardless of the
differences and similarities of forgiveness and reconciliation, 96 explain that through both
forgiveness and reconciliation, in the case of infidelity, a relationship can be better and more
satisfying than it was before an occurrence of infidelity.
Consideration concerning forgiveness and reconciliation including the distinction between
forgiveness and reconciliation, contrasting elements of each, possible combinations, influences
of one on the other, and potential for the two working together bring an enlightenment to how
treatment of infidelity might be handled by practitioners. Understanding the perceptions of
practicing clinicians regarding a comparison of forgiveness and reconciliation can be a starting
place for better informing intervention and treatment following infidelity.

94
Ibid 2001.
95
Ibid 2001.
96
Snyder, D et al, (2007). “Getting Past the Affair: A program tohelp you cope, heal, and move on
together or apart”. New York: Guilford.

44
4.1.4 RESTORATION OF TRUST

The third and final piece of healing following infidelity to be examined is the restoration of trust.
Trust is also defines as “the strength of each partner’s conviction that the other can be counted on
to behave in a benevolent manner”97 . Other descriptions of trust include a belief that the other
person will behave pro-socially, with pro-social behaviors including accommodating, sacrificing,
and affirming, among others98. From these definitions it can be known that for trust to be built
each partner must perceive the behavior of the other as trustworthy99. This leads to the question,
how can the belief in another’s commitment to behaving in a pro-social manner be fostered and
grown.

The literature provides that trust is earned over time in increments through
continually trustworthy behavior. It seems that as there is an engagement in pro-social
behaviors a higher level of trust is achieved. Thus as predictability increases that a spouse
will act for the wellbeing of their partner and the relationship, trust is grown and risk
associated with intimate vulnerability is decreased. This indicates that consistency in
positive behaviors increases predictability and therefore trust. When partners fail to
follow the rules of the relationship, cease to place the interest of the relationship as a high
priority, and lack predictability in their behavior, as in the case of infidelity, trust
collapses. In fact, trust has been named as the dimension of a relationship most disrupted
by transgression100. As explained above, reconciliation requires trust to be rebuilt in a
relationship101. Thus, understanding how trust is re-gained and the steps involved in
recovering from a violation of trust is imperative in acquiring an ability to reconcile or to
assist others in the reconciliation process.

4.1.5. INITIAL AND ONGOING DISCLOSURE

Initial disclosure of an extra marital affair can reveal or confirm an intense

attachment injury and breach of trust. The methods by which this initial disclosure is
97
Worthington, E. (Ed.). (2005), p.187.
98
Worthington, E. (2006). “Forgiveness and reconciliation.” New York: Taylor &
Francis
99
Ibid.
100
Ibid.
101
Ibid.

45
 completed are crucial to the healing process and the possibility of forgiveness and or
reconciliation to occur102. While disclosure of an affair brings about immediate negative
consequences including distrust, anger, anxiety and numerous others, it also opens the
way for repair and healing to occur. Without this disclosure it has been theorized that the
attachment will suffer as a result of the infidelity, without the cause or reason being
known to the non-offending partner 103 and therefore without recourse for healing and
reconciliation. After the disclosure of an affair, utilizing proper treatment, the attachment
between partners can be stronger and more fulfilling than it was before the injury to the
attachment104.
While disclosure of infidelity opens the way for forgiveness, reconciliation, and
Restoration of trust, there are situations in which disclosure of an affair would be inadvisable as
105
a result of the easily explosive and damaging initial impacts. As described by these include
situations in which there is risk for violence, or physical, mental, or emotional abuse against the
disclosing spouse, risk for triggering previously existing psychopathology, or where the
disclosure is perceivably being used for abusive purposes. Other considerations in the decision
for disclosure might be risk that either partner will do harm to themselves or others, already
imminent divorce, and impact on children. All of these things need to be considered for an
educated decision to be made regarding disclosure. Understanding the consensus views of
clinicians regarding this initial disclosure can assist in this decision making process.
Ongoing disclosure also plays a role in rebuilding trust in a relationship. Transgression in a
relationship can alter the definition of trustworthy behavior and acceptable situations and
activities for each partner. Situations in which partners are placed have a large impact on
106
decision making and vulnerability to continued transgression. Examples provided by include
that of a gambler being given money and a pedophile being given the responsibility to care for

102
Butler, M. et al, (2008), “Facilitated disclosure versus clinical accommodation of infidelity secrets: An
early pivot point in marital therapy”. Part 2:Therapy ethics, pragmatics, andprotocol. The American
Journal of Family Therapy, 36,265-283.
103
Butler, M. et al, (2008), “ Facilitated disclosure versus clinicalaccommodation of infidelitysecrets: An
early pivot point in marital therapy. Part 2:Therapy ethics, pragmatics, andprotocol. The American
Journal of Family Therapy, 36,265-283.
104
Sudley et al opcit.
105
Brulet et al opcit.
106
Enright et al opcit.

46
children. The offender cannot and should not put themselves in the same context in which the
wrong doing has previously occurred.
Changes expectations of appropriate behavior for each spouse. Accordingly, a new unwritten
contract of acceptable behavior needs to be established in order for trust to increase 107. The new
behavioral expectations need to be reasonable and realistic108.
Transparency and honest disclosure of daily progress and difficulties in
overcoming infidelity is a means to accomplish these tasks. These disclosures of progress
and barriers along with appraisals of expected behavior require more than an absence of
secrets, but rather complete openness from each partner in terms of behaviors and
reactions to those behaviors. This interaction must then bring about appropriate
adjustments to the new expectations109. As these policies are adhered to, evidence of a
continuation of trustworthy behavior over time can be noted and thus rebuild trust.
In spite of this growing body of theoretical literature, our search did not uncover any
significant body of empirical literature on restoration of trust. Consequently understanding the
views of therapists concerning restoration of trust, and the steps involved, can be a useful starting
point, illuminating potentially useful pathways of empirical investigation. Practicing couples’
therapists bring a wealth of clinical experience and professional considerations which can expand
our scholarly understanding of trust and the processes involved in its restoration. Therefore we
need this survey of therapists attitudes as a starting point to understanding restoration of trust and
the role disclosure fulfills in this restoration, particularly following infidelity in a relationship.
The attitudes of seasoned mental health professionals can be an informative guide as of
importancc for infidelity for restoring trust in a relationship.

4.1.6. CONCLUSION

Adultery is a crime which is hardly forgiven, as examine in this chapter the remedy for
adultery is just a way to calm down the situation for there is no document where one can really
find out the exact remedy for adultery which can render the situation forever. The above mention
remedy is just suggestion by scholars.

107
Enright at al opcit
108
Snyder et al opcit
109
Snyder et al opcit

47
48
 CHAPTER
SANCTIONS AND CRITICISM FOR THE SANCTION OF ADULTRY IN
FORMER WEST CAMEROON

5.0 INTRODUCTION
Punishments for adultery vary from place to place. Where adultery is illegal 110. 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 societies the law punishes the "intruder", rather than the adulterous spouse. For
instance art 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
India111

5.1 SANCTION OF ADULTERY BY THE QUARAN

In Islam, like in other monotheistic traditions and in compliance with all universal norms of
morality, adultery is condemned, the Qur’an firmly forbids adultery in this verse: "Those who
112
commit adultery, men or women, give each of them a hundred lashes" It is noteworthy that the
Qur’an does not stipulate stoning as punishment but rather “a hundred lashes” that remains an
exclusively dissuasive sanction.

110
The punishment varies from fines (for example in the US state of Rhode Island to caning in
parts of Asia. There are fifteen countries in which stoning is authorized as lawful punishment,
although in recent times it has been legally enforced only in Iran and Somalia
111
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).
112
Qur'an 24: 2.
49
 It should be equally noted that both men and women are penalized for adultery, unlike what is
generally assumed, namely that only women are blamed and responsible for adultery. Notably,
there is no verse that talks about stoning either men or women or for committing adultery.

The Qur'anic sanction prescribed for adultery for both men and women is the
"flogging," a measure introduced as a corporal deterring punishment to replace the
practice of stoning. Stoning was actually an inherent custom in the Mosaic law of Jewish
communities living Sthe Medina at that time.

This measure of flogging a hundred lashes came to replace that most tragic
measure of stoning to death, which was very common at that time. It is true that the
practice of stoning, which was originally a Jewish tradition, has long survived in the
Arabian lands and resisted all attempts of reform, despite its evident absence in the sacred
text.

The concept of stoning is maintained in the Muslim law, and its practice is
justified later by virtue of a controversial interpretation of a hadith related to some cases
where the adulterers voluntarily confessed their sin in front of the Prophet during the
Medina period. It should be clarified here that the Qur'an has voluntarily repealed the
practice of stoning and replaced it with the corporal punishment of one hundred lashes,
which reflected the universally recognized judicial system at that time. This type of
corporal punishment was the only penalty known and used at that time to ensure
compliance with the law, which stems from all religious traditions. It is therefore
important to mention that in the first cases of accused women of adultery, the Qur’an
issued a binding law that consists of "confining" women accused of adultery to their
homes until further notice.

The verse says: "Those who commit unlawful sexual intercourse of your women
bring against them four [witnesses] from among you. And if they testify, confine the
guilty women to houses until death takes them or Allah ordains for them.113We can notice
in this verse that the Qur'an primarily requires the testimony of four witnesses, which is
certainly not likely to happen."Keeping" women in their homes can be considered a

113
"Qur’an 4:15.
50
 means of protecting them from becoming victims of popular opprobrium, which is in it, a
temporary means of avoiding abuses based on rigid mosaic legislations of that time.

This measure of "confinement," however, remains unimplemented because,

according to a quasi-consensual view, it will be abrogated by another verse that precisely
delineates the legal standards of this issue. The following verse marks the second phase
in the Qur’anic reform: "And those who accuse chaste women and then do not produce
four witnesses - lash them with eighty lashes and do not accept from them testimony ever
114
after. And those are the defiantly disobedient”. 4The Qur’anic abolition of stoning -
lethal corporal punishment - and its substitution by the sentence of one hundred lashes,
was a first step towards the alleviation of the penalty. However, it is even more important
that the Qur’an requires providing irrefutable evidence of the adultery.

This Qur'anic measure makes accusation extremely difficult, if not impossible.

The proof of adultery requires the presence of four eyewitnesses who, according to the
Muslim law, must have witnessed the sexual act and relate the same descriptions, which
is virtually impossible. The new measure remains extremely difficult to implement since
it is conditioned by the testimony of four people of good faith to validate the accusation
of adultery. The obligation to provide four eyewitnesses is a drastic measure, which
makes proving the adulterous act very improbable.  The Quran is very strict regarding
false testimonies and punishes those who present false testimonies with the same penalty
as that of adulterers: flogging along with the loss of all of their civil rights.

Given the delay in revealing legal principles concerning adultery and, the legal
gap regarding this issue, the prophet was often forced to apply punitive sanctions under
the pressure of the population, mainly Jewish scholars who were very stern in regard to
this requirement of stoning. Many Ahadith show the extreme tolerance and compassion
of the Prophet towards those who came to him to confess their "sins". He tried repeatedly
to consider the facts in context, postpone the deadline, and to sometimes pretend that he
did not assimilate the facts presented before giving the perpetrators the chance to retract
their confession at any time. In this regard, it is noteworthy that the doctrine of "doubt" or
"ambiguity" (shubha) developed in the Muslim law that may cancel the conviction for
114
Qur’an 24.
51
 adultery at any time, is based on the Ahadith of the Prophet. The Qur'an therefore
attempts to establish a very reformist vision in order to change the social norms of the
time by invalidating the Hebrew law of stoning and educating Muslims to respect the
private life of individuals.

Moreover, some commentators of the Qur’an relate that after the revelation of this
second verse, which stipulates the presence of witnesses, some companions of the
Prophet in the Medina explicitly showed their disapproval of such measures. The
mentality of the people at that time was not yet ready to understand or assimilate such
measures. The dismay of the Arabs at that time can be justified and understood as they
were known for being proud of and fiercely defending the values of honor and social
reputation, which usually created conflicts often resolved through revenge by personal
interventions.

One can only remain puzzled by the gap between the "reasoned" and advancing
attitude of the Qur’an, on the one hand, and the legislations in some Muslim countries, on
the other. Since the colonization period, these countries hardly gave importance to this
Qur’anic concept and made laws in favor of what is commonly known in the Napoleon
code as "honor killings". One only has to see how the old crimes of honor killings
qualified as such in the European legislations are replaced today with the milder concept
of "crime of passion" taking into account that Europe has gone through a process of
modernizing their laws and customs.

5.3. PUNISHMENT OF ADULTERY BY THE HOLLY BIBLE

  The bible states that, “Thou shalt not commit adultery” Adultery is considered by Christians
immoral and a sin, based primarily on passages like Exodus 20:14 and 1 Corinthians 6:9–10.
Although 1 Corinthians 6:11 does say that "and that is what some of you were. But you were
washed", it still acknowledges adultery to be immoral and a sin. Catholicism ties fornication with
breaking the sixth commandment in its Catechism.

Some churches such as The Church of Jesus Christ of Latter-day Saints have

interpreted "adultery" to include all sexual relationships outside of marriage, regardless of

52
 the marital status of the participants. Book of Mormon prophets and civil leaders often
list adultery as an illegal activity along with murder, robbing, and stealing.

5.4. SANCTION OF ADULTERY BY THE LAW

Historically, many cultures considered adultery a very serious crime, some subject to severe
punishment, usually for the woman and sometimes for the man, with penalties including capital
punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor,
especially in Western countries from the 19th century. In countries where adultery is still a
criminal offense, 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 decriminalizing adultery.

However, even in jurisdictions that have decriminalized adultery, adultery may

still have legal consequences, particularly in jurisdictions with fault-based divorce laws,
where adultery almost always constitutes 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 and should be punish with
serious fines.

5.2 CRITICISMS AGAINST THE SANCTION OF ADULTERY LAWS

Adultery in many legal systems including Cameroon is considered as a crime. In law,
crimes always attract punishment. Most of this punishment has been criticized by many
institutions and legal scholars. Some of those arguments are examine below.

5.2.1 POLITICAL ARGUMENT

Laws against adultery have been named as invasive and incompatible with principles
of limited governments115. Much of the criticism comes from libertarianism, the consensus
among whose adherents is that government must not intrude into daily personal lives and that
such disputes are to be settled privately rather than prosecuted and penalized by public entities. It

. Dennis J. Baker, “The Right Not to be criminalized: Demarcating Criminal Law's Authority”
115

.Ashgate. chapter 2.

53
is also argued that adultery laws are rooted in religious doctrines; which should not be the case
for laws in a secular state.

Opponents of adultery laws regard them as painfully archaic, believing they

represent sanctions reminiscent of nineteenth-century novels. They further object to the
legislation of morality, especially a morality so steeped in religious doctrine. Support for
the preservation of the adultery laws comes from religious groups and from political
parties who feel quite independent of morality, that the government has reason to concern
itself with the consensual sexual activity of its citizens. The crucial question is: when, if
ever, is the government justified to interfere in consensual bedroom affairs. There is a
history of adultery laws being abused. In Somerset, England, a somewhat common
practice was for husbands to encourage their wives to seduce another man, who they
would then sue or blackmail, under laws (for examples see Criminal conversation)
prohibiting men from having sex with women married to other men.

5.2.2. HISTORICAL ARGEUMENT

Historically, in most cultures, laws against adultery were enacted only to prevent women and
not men from having sexual relations with anyone other than their spouses, citation needed since
women were deemed their husbands' property, with adultery being often defined as sexual
intercourse between a married woman and a man other than her husband. Among many cultures
the penalty was and to this day still is, as noted below capital punishment. At the same time, men
were free to maintain sexual relations with any women (polygamy) provided that the women did
not already have husbands or "owners".116Hebrew for husband, used throughout the Bible, is
synonymous with owner. These laws were enacted in fear of cuckoldry and thus sexual jealousy.
Many indigenous customs, such as female genital mutilation and even menstrual taboos, have
been theorized to have originated as preventive measures against cuckolding. This arrangement
has been deplored by many modern intellectuals.

5.2.3 DISCRIMINATION AGAINST WOMEN

Opponents of adultery laws argue that these laws maintain social norms which justify
violence, discrimination and oppression of women; in the form of state sanctioned forms of

116
Indeed, ‫בעל‬ (ba`al).
54
violence such as stoning, flogging or hanging for adultery; or in the form of individual acts of
violence committed against women by husbands or relatives, such as honor killings, crimes of
passion, and beatings. UN Women has called for the decriminalization of adultery. A Joint
Statement by the United Nations Working Group on discrimination against women in law and in
practice in 2012, stated: The United Nations Working Group on discrimination against women in
law and in practice is deeply concerned at the criminalization and penalization of adultery whose
enforcement leads to discrimination and violence against women.

Concerns exist that the existence of "adultery" as a criminal offense (and even in family law)
can affect the criminal justice process in cases of domestic assaults and killings, in particular by
mitigating murder to manslaughter, or otherwise proving for partial or complete defenses in case
of violence.

5.2.4 ARGUMENT ABOUT THE IMPORTANCE OF CONSENT AS THE BASIS OF

SEXUAL OFFENCES LEGISLATION

Human rights organizations have stated that legislation on sexual crimes must be based
on consent, and must recognize consent as central, and not trivialize its importance; doing
otherwise can lead to legal, social or ethical abuses. Amnesty International, when condemning
stoning legislation that targets adultery, among other acts, has referred to "acts which should
never be criminalized in the first place, including consensual sexual relations between
adults".Salil Shetty, Amnesty International's Secretary General, said: "It is unbelievable that in
the twenty-first century some countries are condoning child marriage and marital rape while
others are outlawing abortion, sex outside marriage and same-sex sexual activity even punishable
by death." The My Body My Rights campaign has condemned state control over individual
sexual and reproductive decisions; stating "All over the world, people are coerced, criminalized
and discriminated against, simply for making choices about their bodies and their lives,.

5.3 CONCLUSION
Adultery is a crime that attracts punishment both in the Holy Bible, the Quaran and many
other related. It is imperative to note that, most of these punishments has been criticized by legal
scholars, international and national NGOs and politicians. Most of these arguments is always
based on the fact that, men are favored in the society as far as adultery law is concern.

55
56
 GENERAL CONCLUTION AND RECOMMENDATION
A. GENERAL CONCLUSION
Adultery was the only great wrong in primitive society that, save for a few short periods,
remained a private wrong as other anti-social behavior became criminalized. For other serious
wrongs, the state co-opted the victim's vengeance by acting it out, as in the Roman law of theft.
However, because the wrong remained either private or a matter for religious authorities, the
state could not co-opt the rage of the marital interloper's victim. Instead, the state
institutionalized the cuckold's vengeance by permitting its actual exercise. To protect its
monopoly of violence, the state would logically be forced to punish the husband who takes the
law into his own hands. The fundamental problem with the law concerning adultery has been that
the act of adultery is not thought to merit death, while the discovering cuckold is thought entitled
to exact it. Whether this paradox derives from the social importance of the marital relationship,
from the dominance of the male in our culture, or from a combination of these and other factors,
is a question beyond the realm of legal theory. It is clear, however, that adultery presents a gap in
the theory of co-optation, which otherwise accounts for much of the law's response to anti-social
behavior. This Note, by presenting the parallel theory of state permission of private vengeance,
suggests a solution to this problem and a way to understand more fully the development of our
law on adultery.

It is important to note that, laws governing adultery differs in difference society

according to their cultural practices and religious believes. Under customary law,
adultery committed by men was almost normal but a taboo for women. Many laws were
also amended in England which like the Family Law Act, the Matrimonial Home Act,
The Family Law Reform Act which influence matrimonial issues in former west
Cameroon including adultery. Nigerian laws on matrimonial issues were also applicable
in Cameroon as southern Cameroon was ruled as an integral part of Nigeria. The
unification of west and East Cameroon with the two legal systems applicable in the same
jurisdiction also plays a pivotal role in the development of Adultery laws in Cameroon. It
is also imperative to know that the adultery law in Cameroon was amended in 2016 and
today, women including men are sanction for the act. Adultery is a crime that attracts
punishment both in the Holy Bible, the Quaran and many other religions. It is imperative

57
 to note that, most of this punishment has been criticized by legal scholar, international
and national NGOs and politicians. Most of this argument is always based on the fact
that, men are favor in the society as far as adultery law is concern.

The crime of adultery has been considered a symbolic and psychological shield
for protecting the lives of women who are a social and economic minority. It could be
that abolishing criminal adultery would be considered a matter of urgency with respect to
those women who find themselves prosecuted for committing adultery. However, the
majority of women who are in agony over their husband’s infidelity still depend upon and
regard the right to accuse their adulterous husbands as the last resort to relieving their
suffering

B. RECOMMENDATIONS
The main recommendation of this work is that, there should be sticks
interpretation, implementation and enforcement of adultery laws and that, judges should
master the judicial procedures and laws in court in former west Cameroon in other to
avoid conflict of law because of the by-jural nature of law in the country. The following
specific recommendations could help guide and inform the legal reform process:

1. Capacity building through the use of regional and sub-regional centers and workshops to
provide opportunities for sharing information and experiences and for cost effective and
long-term education of the girl and male child about impact of the crime of adultery to
the society, families and the children.
2. Matrimonial issues including causes, sanctions and consequences of adultery should be
at the top of government’s agenda in public discussions and debates.
3. Women play a central role in the matrimonial home and the family. They also contribute
tremendously in the upbringing of the children thus should be fully integrated in the
legal and institutional setup, that can improve morality among future couples through
their matrimonial doctrine.
4. Laws governing matrimonial issues, including adultery should be based on a
participatory approach involving all the stake holders at all levels to avoid bias and
discrimination in the sanction of adultery on women.

58
5. The stakeholders involved in matrimonial issues like marriage, adultery and divorce
should work on precise codes governing each discipline than to rely on dotted pieces of
legislation which are inadequate for people to rely on.
6. Institutions should strengthen measures to facilitate information exchange, mutual legal
assistance and joint investigations with other enforcement entities with the objective of
strengthening and promoting greater consistency in law and practice governing adultery.
7. Adultery laws should be reviewed every five years to take into account emerging issues,
challenges, and trends.
If these recommendations are adhered to then it is believe adultery laws will be
effectively reduce adversely if well implemented.

59
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 Report

1. See Report of the Special Rapporteur on violence against women (Ms.

Radhika Coomaraswamy) submitted in accordance with Commission on
Human Rights resolution 2002/52 Addendum, E/CN.4/2003/75/Add.2, 14
January 2003
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on “harmful practices” against women (Organised by DAW/DESA and
UNECA Addis Ababa, Ethiopia 26 to 29 May 2009): In many countries
around the world, adultery continues to be a crime punishable by
severe penalties, including, in the most extreme instance, stoning.
Adultery laws have often been drafted and implemented in a manner
prejudicial to women, both because religious procedural law in some
countries makes it difficult to prove adultery by a man, as well as because
women who have been raped and are unable to prove the crime are then
charged with having committed adultery.
3. Report from UN Office of the SRSG for Children and Armed Conflict (Press
release published on 07 Nov 2008, OSRSG/081107:
4. See “Joint Statement by the United Nations Working Group on
discrimination against women in law and in practice” of 18 October 2012.

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