Adultery ruling
His Holiness Pope Shenouda III addresses in this lecture the issue of adultery from an ecclesial and legal perspective, and explains the difference between actual apprehension and “judicial adultery” and how to prove it objectively while taking into account the spiritual and social dimension.
Main idea
Judicial adultery is a judicial ruling or proofs taken without apprehending the act itself, such as correspondences, phone recordings, photos or a pregnancy fixed in time that gives realistic suspicion beyond mere accusation. The church warns against the danger of relying on suspicions and compliments.
Examples of methods of proof
The lecture mentioned exchanged letters, phone recordings, computer-manipulated photos, and a woman’s pregnancy with dates inconsistent with the husband’s presence as examples that may be used as evidence for “judicial adultery.” He stressed the necessity to demand originals (original letters, original recordings) because forgery and manipulation are possible.
Warning about forgery and technical tampering
With the development of computers one can compose or alter photos, therefore courts must request originals and technical verification by specialized experts before ruling.
Standards of judgment and the clerical council
The lecture urges council members not to issue quick judgments based on mere suspicions, and to review reasons for judgment carefully because describing a woman as an adulteress condemns her for life and affects her whole family.
Practical examples and methods to obtain conclusive evidence
Among legitimate methods is hiring investigators or secret police in some countries to capture direct evidence or official recordings presented in court, as well as hidden cameras and documenting meetings in suspicious places or non-mahram houses without the husband’s permission.
Social and spiritual consequences
A ruling of adultery has severe repercussions: the family’s reputation, custody rights, the mental health of sons and daughters, and the spiritual life of those involved, therefore extreme caution is required before issuing judgments.
Conclusion
The purpose of the explanation is to sensitize to the seriousness of the matter and call for wisdom and fairness in legal and ecclesial handling of judicial adultery cases, while preserving individuals’ rights and ensuring original evidence before ruling.
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