RaphaelABSTRACT
Much is known and has been said about adultery, especially from an ecclesiastical standpoint. It is a known concept which forms the basis upon which a marriage can be dissolved in Nigeria. This paper has embarked on an attempt at examining what it entails.
The paper takes a critical look at the laws and their judicial interpretation as they apply to adultery whether it is purely of a civil nature or a crime punishable by the state. A brief assessment of the fact that the of ence of adultery is well founded on patriarchy.
Customary Law being the organic law of the land and as some scholars have opined, is the living law which abhors adultery. Hence, the research narrows its scope to the YORUBA custom and tradition for its peculiarity. The influence and position of Islam on the laws of the land pertaining to adultery and their confinement to the Northern states of Nigeria.
An attempt at a comparative analysis of the position of the law on adultery and the sanctions attached thereto in several other jurisdictions. Recommendations were made to ascertain whether as a matter of course the of ence of adultery should be jettisoned in its entirety being that it is a private engagement between consenting adults.
Keywords: adultery, dissolution, offence, zina, tesho, Patriarchy, magun
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