I have seen a clip in social media saying that fornication is not a crime known under the Law of Marriage Act and that there is no provision in the Act which binds a spouse to have sexual intercourse with his wife or husband exclusively. I find this statement to be funny and I doubt its correctness. Can you confirm if that statement reflects the actual position of the law?
It is true that adultery is not a crime under the Law of Marriage Act of Tanzania but it is a civil wrong and a husband or a wife can file a suit for compensation against any person with whom his or her spouse committed adultery. Additionally, adultery is a ground for divorce especially when more than one act of adultery has been committed or when adulterous association is continued despite protest. This means there is an implied covenant in any contract of marriage that both parties to it shall be faithful and shall not have extra-marital affairs with other persons. However you cannot be arrested because of adultery.