KUALA LUMPUR: Widespread online infidelity has contributed to the breakdown of many non-Muslim marriages but doesn't legally qualify as adultery, family law judge Evrol Mariette Peters said.
Peters explained that technology has broadened the scope of marital cheating to include text messages, emails, and social media interactions.
"Should the definition of adultery be reconsidered or removed from family law altogether? This is something to reflect on," she said during a talk on seeking damages for adultery from a third party, as reported by FMT.
She noted that adultery is still conventionally defined as sexual intercourse between individuals of opposite genders, excluding same-sex relationships. While adultery is specific, infidelity—including flirting and emotional affairs—covers a broader range of behaviors.
Peters added that a spouse in a non-Muslim marriage can file for divorce if the marriage has irretrievably broken down, with adultery being one of the grounds if living with the respondent becomes intolerable.
She also said that the aggrieved party can seek damages from the third party involved in the adultery. Proof of adultery is determined on the balance of probabilities, with evidence such as witness testimony, admissions, text messages, or photographs.
However, Peters added, a divorce petition on the grounds of adultery could be dismissed if the petitioner had previously tolerated their spouse's infidelity.