Bahá'í laws

Bahá'í laws are laws and ordinances used in the Bahá'í Faith, according to the instructions of the Bahá'u'lláh as written in the "Kitáb-i-Aqdas" his book of laws. This text as well as Bahá'u'lláh's other texts, subsequent interpretations of `Abdu'l-Bahá, and Shoghi Effendi, and legislation by the Universal House of Justice form the basis for a system of Bahá'í law.cite encyclopedia |last= Smith |first= Peter |encyclopedia= A concise encyclopedia of the Bahá'í Faith |title= law |year= 2000 |publisher=Oneworld Publications |location= Oxford |id= ISBN 1-85168-184-1 |pages= p. 223-225]

History

The Bahá'í Faith had its roots in the Bábí movement which was started by the Báb in the mid 1800s in Persia. Originally the Bábís adhered to the Islamic laws, but this changed when the Báb wrote a Bábí code of law in the Bayán which replaced Islamic law. However, the Báb's laws were not widely practiced by the Bábís, and instead many Bábís became antinomian; they also marked their new religious identity by deliberately not abiding by Islamic practice. Bahá'u'lláh, as both his initial role as Bábí leader, and then as the one who was messianic figure that the Báb spoke, condemned the antinomian tendencies of the Bábís. He eventually at the request of his followers wrote a book of laws, the Kitáb-i-Aqdas, while he was in Acre, Palestine.

ource

The main source of Bahá'í law is the "Kitáb-i-Aqdas", but it is supplemented by some supplementary texts written by Bahá'u'lláh, as well as further interpretations by `Abdu'l-Bahá, and Shoghi Effendi, heads of the religion after Bahá'u'lláh's death, as well as legislation by the Universal House of Justice, the international governing body of the Bahá'ís. The writings of Bahá'u'lláh, `Abdu'l-Bahá, and Shoghi Effendi are considered fundamental and unchangeable, while their application of some of them depend on decisions by the Universal House of Justice. Legislation by the Universal House of Justice is subject to alteration and/or repeal by the Universal House of Justice to account for changing circumstances. The laws written by the Báb are not applicable, except when Bahá'u'lláh specifically reiterated them.

Gradualism

Bahá'u'lláh stated that the observance of the laws that he prescribed should be subject to "tact and wisdom", and that they do not cause "disturbance and dissension."cite book |author = Bahá'u'lláh |authorlink = Bahá'u'lláh |origyear = 1873 |year = 1992 |title = The Kitáb-i-Aqdas: The Most Holy Book |publisher = Bahá'í Publishing Trust |location = Wilmette, Illinois, USA |id = ISBN 0853989990 |url = http://reference.bahai.org/en/t/b/KA/ka-2.html.iso8859-1#gr13 | pages = p. 6 ] Bahá'u'lláh thus provided for the progressive application of his laws; for example certain Bahá'í laws are only applicable to Middle Eastern Bahá'ís such as the limit to the period of engagement, while any Bahá'í may practice the laws if they so decide. Other Bahá'í laws such as the prohibition to drink alcohol have also been applied gradually in countries where it goes against social norms, and for which most Bahá'ís are new to the religion. Shoghi Effendi also stated that certain other laws, such as criminal laws, that are dependent upon the existence of a predominantly Bahá'í society would only be applicable in a possible future Bahá'í society. He also stated that if the laws were in conflict with the civil law of the country where a Bahá'í lives the laws could not be practiced. Furthermore some laws and teachings are, according to Bahá'í teaching, not meant to be applied at the present time and their application depends on decisions by the Universal House of Justice.

Individual conscience

In Bahá'í literature the laws are not seen as a constricting code, or a ritual, but are described as the "choice wine", and a means to happiness. They are not considered as binding to anyone until they become a Bahá'í, and becoming a Bahá'í is not conditional on a person's level of adherence. An individual is expected to gradually apply laws on a personal basis.

Bahá'u'lláh stated that his followers should follow laws due to love, and the fear of God. Bahá'í laws are generally presented in the form of principles that each indivdual must apply to their own lives as they see fit, and Bahá'u'lláh, `Abdu'l-Baha, Shoghi Effendi, as well as the Universal House of Justice, have been reluctant to prescribe specific and detailed codes of Bahá'í behaviour; this is in contrast to the provisions of Islamic law.

Thus the observance of personal laws, such as prayer or fasting, is the sole responsibility of the individual; some laws may be enforced to a degree by Bahá'í institutions, by the loss of Bahá'í administrative rights, if they bring the Bahá'í community into public disrepute.

Laws and ordinances

The Kitáb-i-Aqdas goes over both religious and civil laws such as the recitation of a daily obligatory prayer, the time of fasting, the laws of inheritance, the abolishment of priests, the prohibition of such things as slavery, asceticism, and gambling, the condemnation of such things as idleness and backbiting, the specification of punishments for such things as murder and arson, the stating of the requirement of each person to practice a profession, and the emphasis for the necessity of the education of children, as well as the need to strictly obey the government of one's country.cite encyclopedia |encyclopedia= Encyclopædia Iranica |year= 1989 |article=Aqdas | first = A | last = Bausani] Bahá'u'lláh also writes about general principles including statements telling his followers to work with people of all religions with amity, and warns his followers to guard against such things as fanaticism and pride. He also encourages such things as cleanliness and truthfulness.

Prayer

Bahá'ís between the ages of 15 and 70 should perform one of three prescribed obligatory prayers daily, while facing the Qiblih, preceded by ablutions. The prayers were written by Bahá'u'lláh, and exemption from this obligation is given to those who are ill, in danger, and women in their courses.

Bahá'ís should also pray, meditate and study sacred scripture daily, and use prayers by the Báb, Bahá'u'lláh and `Abdu'l-Bahá that have been collected into various prayer books, which encompass many topics that include meetings, evening, and healing.

Congregational prayer is forbidden in the Bahá'í Faith, except for the case of the Prayer for the Dead, so the daily obligatory prayers are offered individually. However, Bahá'ís often read from writings and prayers written by the Central Figures in groups.

Fasting

The Bahá'í fast is done in a similar manner to Islamic fasting - that is the fast is observed from sunrise to sunset. The period of fasting, however, is from March 2 through March 20. During this time Bahá'ís in good health between the ages of 15 and 70 abstain from eating and drinking.

For people who are travelling, ill, pregnant, nursing, menstruating, or engaged in heavy labor, they are exempted from the fast. Vowing to fast outside of the prescribed fasting period is permissible, and encouraged when done for the benefit of mankind.

Marriage

In the Kitáb-i-Aqdas marriage is highly recommended but is stated to not be obligatory. According to Bahá'í teachings, sexuality is a normal part of married life and is intended to enhance the relationship. However, sexual relationships are permitted only between a man and woman who are married. This precludes marriages that are homosexual or polygamous as well as any sexual relationship outside of marriage. Bahá'ís need to be at least 15 years of age to get married and the consent of all living biological parents is needed to get engaged. Kitáb-i-Aqdas states that [http://bahai-library.org/writings/bahaullah/aqdas/notes.html#n93 k66] " No marriage may be contracted without payment of a dowry, which hath been fixed for city-dwellers at nineteen [http://bahai-library.org/writings/bahaullah/aqdas/glossary.html#Mithqal mithqáls] [2.22 troy ounces] of pure gold, and for village-dwellers at the same amount in silver." The dowry is to be paid by the bridegroom to the bride and is dependent on the permanent residence of the bridegroom.
Interreligious marriages are permitted, and interracial marriages are encouraged. Divorce is permitted, although discouraged, and is granted after a year of separation if the couple is unable to reconcile their differences.

The "Kitáb-i-Aqdas" allows a man to marry two wives under the condition that they be treated equally. Later, `Abdu'l-Bahá and Shoghi Effendi interpreted that monogamy was the intent of the paragraph.

Family life

*The family is, in the Bahá'í view, the cornerstone of society, and marriage is encouraged.
*Parents are required to provide an education to their children. If resources permit for only one child to be educated, a daughter must be chosen over a son, as she is the first educator to her future children.

Inheritance

In the Kitáb-i-Aqdas it is stated that all Bahá'ís must write a will. The other Bahá’í laws of inheritance in the Kitáb-i-Aqdas apply only in case of intestacy, that is, when the individual dies without leaving a will. The system of inheritance provides for distribution of the deceased's estate among seven categories of heirs: children, spouse, father, mother, brothers, sisters, and teachers with higher categories obtaining a larger share. In cases where some of the categories of heirs does not exist the share falls partly to the children and the Local Spiritual Assembly. The distribution among heirs is uneven: children receive nine parts; the wife receives eight; the father, seven; the mother, six; the brothers, five; the sisters, four; and the teachers, three.

Backbiting and gossip

Gossip and backbiting are prohibited and viewed as particularly damaging to the individual and their relationships. This practice is seen as having a deeply negative effect on the community as well as the individuals involved.

:"On no subject are the Bahá'í teachings more emphatic than on the necessity to abstain from fault-finding and backbiting while being ever eager to discover and root out our own faults and overcome our own failings. ...: (From a letter written on behalf of the Guardian to an individual believer, May 12, 1925: "Living the Life", p.3)":: (Helen Hornby (Ed.), "Lights of Guidance", p. 87)

Alcohol, drugs and tobacco

*Bahá'ís are forbidden to drink alcohol or to take drugs (except by a doctor's order).
*The non-medicinal use of opium and other mind-altering drugs are particularly condemned in the Bahá'í scriptures.
*Tobacco is not forbidden but is discouraged. [http://reference.bahai.org/en/t/c/BWF/bwf-36.html]

Giving to funds

*Bahá'ís are expected to make financial contributions to Bahá'í funds. However, contributions are strictly confidential, including whether or not a believer makes one, and is up to individual discretion.
*Contributions are not accepted from non-Bahá'í sources, and are never solicited from Bahá'í individuals.
*Distinct from the general Bahá'í funds is the law of Huqúqu'lláh ("Right of God"), which requires Bahá'ís to pay 19% of their surplus net-worth (i.e. those things that they do not need to live comfortably), after the discharge of all debts. Like the other contributions, this is a confidential and personal matter.

Other laws

Other laws that have been prescribed in the Kitáb-i-Aqdas include:
*Pilgrimage to be one of two places: the House of Bahá'u'lláh (currently confiscated) in Baghdad, and the House of the Báb (destroyed) in Shiraz.
*The holding of a Nineteen Day Feast which are regular community gatherings, occurring on the first day of each month of the Bahá'í calendar and consist of a devotional, administrative, and social part.
*After death it is forbidden to carry the body more than one hour's journey from municipal boundary of the place of death. [citation |last=Hornby |first=Helen (Ed.) |year=1983 |title=Lights of Guidance: A Bahá'í Reference File |page=196 |publisher=Bahá'í Publishing Trust, New Delhi, India |id=ISBN 8185091463 ] The body should be wrapped in a shroud of silk or cotton and placed in a coffin made of polished stone, crystal or hard wood. A specific prayer must be read before burial.
*Engaging in a trade or profession is made obligatory and is exalted to the rank of worship.
*Being obedient to the government of one's country.
*The compulsory education of children.
*Repetition of the Greatest Name 95 times a day.
*The hunting of animals is allowed provided that the name of God is invoked before hunting. If the game is found dead in a net or trap its consumption is not allowed.
*If someone comes upon a treasure trove, one third of the treasure is the right of the discoverer, and the other two thirds is the right of the House of Justice. This law is designed for a future state of society and these matters are currently covered by the civil law of each country.
*If someone comes upon lost property in a town, they must try to find the owner and wait one year before taking possession. If the property is of significantly small value, they must wait one day. If the property is found in an uninhabited area, they must wait three days. This law is designed for a future state of society and these matters are currently covered by the civil law of each country.
*Bahá'ís are enjoined to pay zakat, or charity tax as in Islam. This law is not yet applied, and the details have yet to be clarified by the Universal House of Justice.

Other prohibitions

Prohibitions included in the Kitáb-i-Aqdas include:
*Interpreting the Bahá'í writings (`Abdu'l-Bahá and Shoghi Effendi were the only approved interpreters of Bahá'u'lláh's writings).
*Slavery
*Asceticism
*Monasticism
*Begging
*Clergy
*Use of Pulpits
*The kissing of hands (As a form of )
*Confession of sins
*Gambling
*Homosexual acts
*Cruelty to animals
*Sloth
*Calumny
*The carrying of arms unless essential.
*Trespassing into a house without the owner's permission.
*Assault
*Shaving of one's head and the growth of men's hair beyond the lobe of the ear.
*Adultery and sexual intercourse between unmarried couples: Sexual intercourse between unmarried couples is punishable by a fine paid to the Local Spiritual Assembly; the penalty for adultery is left to the Universal House of Justice.
*Arson: The punishment for arson is either the death penalty or life imprisonment. If the death penalty is applied the convicted person is killed by burning. The details of the law such as the degree of the offence and the circumstances are to be taken into account to decide which of the two sentences is to be selected has been left to the Universal House of Justice. The Universal House of Justice has stated that the law is intended for a future condition of society, at which time they will be supplemented and applied by the Universal House of Justice; the Universal House of Justice has written "In relation to arson, this depends on what 'house' is burned. There is obviously a tremendous difference in the degree of offence between the person who burns down an empty warehouse and one who sets fire to a school full of children." (Notes of the Kitáb-i-Aqdas, Universal House of Justice, Kitáb-i-Aqdas, pp. 203).
*Murder: murder is punishable by the death penalty or life imprisonment. The details of the law such as the degree of the offence and the circumstances that are to be taken into account to decide which of the two sentences are to be selected has been left to the Universal House of Justice; the Universal House of Justice has stated that the law is intended for a future condition of society, at which time they will be supplemented and applied by the Universal House of Justice. In the case of manslaughter, it is necessary to pay a specified indemnity to the family of the deceased.
*Theft: Theft is punishable by either imprisonment or exile; on the third offense, however, a mark should be placed upon the thief's brow so it is easy to identify the person and disallow him in the "cities of God". The purpose of the mark on the forehead serves in warning other people of the thief's proclivities. The details of the nature of the mark (how the mark is to be applied, how long it has to be worn, and under what conditions it may be removed) and the circumstances that are to be taken into account in deciding which sentence is to be applied have been left to the Universal House of Justice; the Universal House of Justice has stated that the law is intended for a future condition of society, at which time they will be supplemented and applied by the Universal House of Justice.

ee also

*Bahá'í literature
*Bahá'í teachings
*Kitáb-i-Aqdas

References

*cite book
author=Bahá'u'lláh
authorlink=Bahá'u'lláh
year=1873
title=The Kitáb-i-Aqdas: The Most Holy Book
publisher=Bahá'í Publishing Trust
location=Wilmette, Illinois, USA
id=ISBN 0853989990
url=http://reference.bahai.org/en/t/b/KA/

*cite book
first=Shoghi
last=Effendi
authorlink=Shoghi Effendi
year=1974
title=Bahá'í Administration
publisher=Bahá'í Publishing Trust
location=Wilmette, Illinois, USA
id=ISBN 0877431663
url=http://reference.bahai.org/en/t/se/BA/

*cite book
author=Rouhani Ma'ani, Baharieh
coauthors=and Ma‘ani Ewing, Sovaida
title= The Laws of the Kitáb-i-Aqdas
publisher=George Ronald
location=Oxford, UK
id= ISBN 0853984767

External links

* [http://bahai-library.com/?file=cornell_rinde_bahai_law Six Lessons on Bahá'í Law] - A Deepening Course published by the NSA of Hawaii
* [http://bahai-library.com/index.php5?file=uhj_further_application_aqdas.html "Further Application of the Laws of the Kitáb-i-Aqdas"] — December 28, 1999, letter from the Universal House of Justice to the Bahá'ís of the World
* [http://bahai-library.com/uhj/wills.inheritance.html#s1 Letter of "clarification on various aspects of the subject of Bahá'í wills"] — July 1, 1996, letter from the Universal House of Justice to an individual
* [http://bahai-library.com/uhj/wills.inheritance.html#s2 Letter listing Bahá'í laws "not at present binding upon the friends in the western world"] — June 9, 1974, letter from the Universal House of Justice to a National Spiritual Assembly
* [http://bahai-library.com/uhj/wills.inheritance.html#s3 Extracts from Four Tablets by `Abdu'l-Bahá Concerning the Question of Inheritance]