Ifugao Law / (In American Archaeology and Ethnology, Vol. 15, No. 1)

by Roy Franklin Barton

Adultery

94. Forms of adultery.—In its unaggravated form, adultery is called luktap. Luktap signifies sexual intercourse between a spouse and some person other than the one to whom he (or she) be married, uncomplicated by insults and scandalous behavior flaunted in the face of the injured spouse. The intention to abandon the spouse is either not present, or is concealed.

The aggravated form of adultery is called hokwit. It consists of openly and scandalously bestowing one’s love and body upon some other person than the spouse; of insulting the injured spouse; or of repeatedly, while living under the same roof with the spouse, meeting the third person and having sexual intercourse. The intention is present of separating (or effecting a separation) from the injured spouse. The following is an illustration:

Maxima, a girl of Umbul, was married to Ananayo of Pindungan. But Ananayo had not yet reached the age of puberty, while Maxima herself had reached that age. Sergeant Dominong, of the constabulary company at Kiangan, began paying attentions to Maxima, while Maxima was living in the house of Ananayo ’s father. During the season of watching the rice fields against theft of water these two continually cohabited, the sergeant going to where Maxima was watching the fields at night. Ananayo attaining the age of puberty in the meantime, Maxima refused to have anything to do with him. Both Maxima and Dominong were guilty of hokwit in this case. Maxima’s conduct was considered especially reprehensible, since she was a binawit in the house of Ananayo ’s father (see [sec. 14]).

95. Punishment of adultery.—In both luktap and hokwit, the offending spouse and the lover (or mistress) are equally guilty. Each is equally liable to punishment. However, the offended spouse may, if he chooses, forgive the offending spouse without forgiving the partner in crime. This frequently happens. A wife is more likely to forgive than is a husband.

The adulterer when taken in delicto is sometimes punished by death. The offended spouse is justified by public opinion in administering this punishment to a considerably greater degree than our laws in the United States would justify him. Several stories are told of persons caught in the commission of this crime who were impaled by a single spear thrust. It should be stated that the kin of those killed for this crime rarely look upon the killing as justified, and often avenge it. They take the stand that the offended spouse ought to have demanded the usual fine; that if this had not been immediately forthcoming no one would have questioned the propriety of the killing. On the other hand, the kin of the offended spouse take the ground, and it may be said that in general public opinion backs them in it that a self-respecting man could not well do otherwise than kill the offender, and that the holding off and demanding money would savor too much of the mercenary.

It is to be noted that a sexual offense committed after the mommon ceremony is punished by a small fine; that an offense committed after the imbango or hingot ceremonies is punished by a larger fine, and that an offense committed after the bubun ceremony is punished by what to the Ifugao is a very large fine. These fines are diagramed Ifugao fashion in [sec. 75]. Hokwit, aggravated adultery, is punished by twice the greatest fine demanded in the case of simple adultery, luktap.

Adultery being a very hard crime to prove, the Ifugao takes as proof: (1) the confession of either party; (2) evidence that the accused wilfully and intentionally placed themselves in such a position or circumstances that the crime would be presumed by any reasonable person to have been consummated. Thus, the sleeping of the accused together at night in the absence of the spouse would be sufficient evidence.

Both offenders must pay the fine demanded by the circumstances to the offended party or parties. Thus, if both the offenders be married, each must pay a fine to (a) his own offended spouse, and (b) to the offended spouse of the partner in the crime. The pu-u of the fine goes to the offended spouse—the rest to the kin of the offended spouse. In addition to paying the fine, should the offender desire to continue the marriage relation with his offended spouse, he must provide animals and other perquisites for a honga (general welfare feast) in which the kin of both parties take part, and which is supposed to start the spouses anew in domestic harmony and felicity, and in all that the Ifugao considers prosperity, namely, abundance of pigs, chickens, rice, and children.

96. Sex in relation to punishment for adultery.—Although the punishment for adultery is the same for either sex, the likelihood of the adulterer’s being punished is much greater if the offender be a woman than if he be a man. This is for the reason that men are more jealous than women and less attached to their spouses, usually. A great deal of adultery on the part of men goes unpunished. Most women would rather not hear about the peccadillos of their husbands. They do not want to take action unless it be forced upon them. But once the matter is brought to their “official attention,” they have to take action in order to “save face.” Women sometimes tell their husbands “It would be all right for you to have a mistress if you could only do so without my hearing of it.” And when they learn of some such offense on the part of their husbands, they sometimes upbraid them, saying: “Oh, why didn’t you do this thing in such a way that I would not hear of it?”

The husband, on the other hand, usually punishes, and often divorces his offending wife.

Once an offense is known, it must be acted on. Otherwise, the offended spouse is considered to be lacking in self respect. And indeed I believe that the insult involved in adultery is more serious than any other phase of the crime. The Malay’s “face” is exceedingly dear to him.