فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
Rabat, Morocco – In a landmark judicial decision that expands the definition of adultery in Morocco, the Court of Cassation has ruled that any virtual sexual act conducted via social media applications like WhatsApp or others is considered adultery if one of the parties is married. The ruling is based on the premise that such actions constitute a serious breach of the duty of fidelity and loyalty, which is the cornerstone of the marriage contract.
Details of the Court Ruling
The case originated from a dispute before the Rabat Court of Appeal, which had issued a ruling that the Court of Cassation later deemed deficient in its reasoning and in violation of the law. This was due to the Court of Appeal’s failure to give due weight to the sexual acts performed by one of the married parties through digital applications.
In its decision No. 1386, issued on October 14, 2020, the Court of Cassation emphasized that the marital relationship is built on mutual fidelity and loyalty. It clarified that any behavior that contradicts these principles falls under the category of adultery, even in the absence of a direct physical encounter.
Significance and Legal Implications of the Decision
This ruling establishes a new judicial precedent in the Moroccan legal system, holding that adultery is no longer limited to direct physical relationships. By doing so, the court expands the scope of criminalization to include virtual sexual acts conducted through digital media, in line with the evolution of communication technologies.
This decision sends a clear message about the need for spouses to adhere to their marital duties in both real and virtual spaces, affirming that preserving the essence of the marital relationship is not confined to the boundaries of physical reality.
