In speaking of the Formative Age of the Bahá'í
Faith [1921-1944], Shoghi Effendi referred to:
... that embryonic World Order whose advent was announced by the Báb in
the Bayan, whose laws were revealed by Bahá'u'lláh in the Kitáb-i-Aqdas, and whose
features were delineated by ‘Abdu’l-Bahá in His Will and Testament. [1]
The provisions of the Kitáb-i-Aqdas, and the supplementary works of
Bahá'u'lláh, ‘Abdu’l-Bahá, and Shoghi Effendi, can be regarded as a body of
literature that seeks to explain, and influence, human progress. It identifies the
principles on which individual and collective action is to be based; evaluates current
conditions and prescribes imperatives for action; and generates a coherent vision of the
future.
The Concept of Bahá'í Law
The Kitáb-i-Aqdas suggests that the purpose of law is for the order of
the world, for the security of people. Bahá'u'lláh points out early that laws guide and
assist, not merely restrict. Bahá'ís are enjoined to obey laws for the "love of
God". The existence of laws, and the operation of laws, implies the existance of an
authority, a form of sovereignty, and social practice. In the Bahá'í view, Prophetic law
has served as an undeniable basis, a statement of the social grundnorm on which
more transient laws have been based. The purpose of law is to promote the well-being of
the masses, not act as "chains that bind them". Religion has thus proven
indispensable to social order, been influential in the creation of law, and in the
establishment of morality. The Divinity has been sovereign. Religion acts in the life of
the individual as an agency that can encourage the internalization of behaviour, and can
achieve the organic emergence of communities in which public action occurs through willing
consent. The Western legal tradition, however, has developed dichotomies not only between
divine and profane law, but between natural law and positive law, and between the public
and private legal spheres.
The Kitáb-i-Aqdas confronts modernism by reinstating authority and
renewing the linkages between society, law, and virtue. It renews the relationship between
law and spirituality, the notion that observance of laws, ordinances and exhortations, are
a means for the development of character, for the acquisition of higher levels of freedom.
Law is an external force, which can facilitate compliance, and even coercion, of
individuals and groups. But only the internalisation of rules of behaviour, through the
individual (and society) adopting a moral code, can ultimately ensure observance of law:
In formulating the principles and laws a part hath been devoted to
penalties which form an effective instrument for the security and protection of men.
However, dread of the penalties maketh people desist only outwardly from committing vile
and contemptible deeds, while that which guardeth and restraineth man both outwardly and
inwardly hath been and still is the fear of God. It is man's true protector and his
spiritual guardian. [2]
Rules, in the Bahá'í writings include laws, ordinances, and
exhortations. Bahá'u'lláh distinguishes between Divine law, and human laws, and
establishes authorities for each. Laws that are of Divine origin cannot be changed by
legislation. Secondary laws are impermanent, and are open to reform. Law in Bahá'í
states will thus be based on a hierarchy of sources, commencing with the texts of the
Bahá'í revelation, the pronouncements of the Universal House of Justice and possibly the
decrees and statements of its associated institutions (such as the International Teaching
Centre). Laws will also be made at national and local level.
The Bahá'í conception of law is as a tool for promoting happiness and
well-being. [3] Given this perspective, Bahá'ís
would favour constant law reform, particularly where ancient codes of law - whether
written or customary - no longer protect the welfare and interests of peoples in a period
of rapid social evolution. Bahá'í law appears to combine what are currently known as
"code law", and "common law". That is, some areas are codified, and
penalties are known in advance. For non-coded subjects, a case by case basis is used. In
the absence of the use of the doctrine of precedent, Bahá'í scholars will no doubt
examine such issues as ensuring consistency in rule-making, and ensuring "equal
treatment" for individuals before the law.
Since the Kitáb-i-Aqdas attempts to establish a core of laws for
Bahá'í states and societies without being overly prescriptive, societies that eventually
adopt Bahá'í beliefs and institutions will no doubt incorporate the continued use of
laws and customs which do not conflict with Bahá'í laws. Both domestic and international
laws in operation in states will thus continue in force until superceded by laws enacted
by Bahá'í legislatures in the natural progression of law-making and revision of law.
Present notions of public law and private law will no doubt continue in some form,
although the Kitáb-i-Aqdas appears to give more consideration to what might be called
"private law" issues than "public law" issues. It does not say much
about, for instance, international conflict resolution, or law-making, and does not spell
out the parameters of public authority. Bahá'u'lláh advocates the establishment of a
world tribunal, for instance, but this topic and others related to the structural aspects
of the establishment of world order are referred to in His later tablets, and in the
writings of ‘Abdu’l-Bahá and Shoghi Effendi. From this it may be inferred that
whereas the laws in the Kitáb-i-Aqdas are unchangeable, and laws established by the
Universal House of Justice are open to revision, the structures of future Bahá'í states
may be flexible, and subject to organic growth. Thus, those laws that do not conflict with
current civil laws are already binding on Bahá'ís; [4] other laws will be enacted later, having been formulated "...in
anticipation of a state of society destined to emerge from the chaotic conditions that
prevail today". [5]
Rights and Duties
In a Bahá'í polity the democratic principle is retained, but extreme
individualism is restrained in preference for the common good. Bahá'u'lláh states that
with freedom comes responsibility. Individuals are responsible for development, and for
contributing positively to society. The idea of "society" is more than a
collection of "free individuals", and in Bahá'í states individual freedoms are
placed in the context of community or group needs. The desired condition is a "truly
enlightened community" in which social policies enhance in individuals and groups
within societies the highest expressions of the human spirit.
The Bahá'í conception of social life is essentially based on the
subordination of the individual will to that of society. It neither suppresses the
individual nor does it exalt him to the point of making him an anti-social creature, a
menace to society. As in everything, it follows the 'golden mean'. The only way that
society can function is for the minority to follow the will of the majority. [6]
Restraints on liberty are acknowledged in the Kitáb-i-Aqdas.
Bahá'u'lláh referred to the need for moderation, even in modernisation and
"civilisation" which, "however much men of understanding may favourably
regard them", will, "if carried to excess, exercise a pernicious influence upon
men". [7] An enlightened community thus
enhances the independence of the individual in the context of social cohesion and unity. [8] It reduces the gap between rich and poor, distributes
power, and provides opportunities to alter, re-assess and vary its own pace and direction.
It emphasises "development of capacities" rather than "recognition of
rights", or "provision of services". In Bahá'í societies of the future,
the idea and ideals of "citizen" will necessarily be expanded, and devolve more
responsibility onto the individual. The laws of Bahá'u'lláh constitute the
"divinely appointed ordinances" that will bring about the
"spiritualisation" of the masses. [9]
The Quest for Justice
If there is a "Bahá'í conception of law", it emphasises the
role of law in promoting justice, and in liberating rather than confining the individual. [10] Conceptions of law may well move away from over-emphasis
on the protection of private property, and toward the promotion of the common good. But
law could not, under a Bahá'í system, do other than protect the rights and the property
of individuals, for these rights are enshrined in Bahá'u'lláh's writings.
Bahá'u'lláh criticized nineteenth century rulers for not
administering their peoples justly. But how do we define justice? Is justice to be equated
with fairness, with rights, equality, or a combination of these? It has elements of
proportionality, of reciprocity, and of causation (responsiveness). Is justice a
"moral imperative"? a spiritual principle? or a political ideal? How is it
related to liberty and freedom? Are there universal principles of justice? What then
happens to value relativity? Is the principle of distribution based need or on desert?
Clearly, the Bahá'í notion of justice requires consideration. The Kitáb-i-Aqdas deals
with distributive and retributive justice and establishes that justice be sought by
society, without revenge, and without mercy.
Although Bahá'u'lláh did not bring a "complete system of
economics to the world", [11] some basic
economic principles are evident. Bahá'í states will incorporate a "welfare"
element, and elements of the future taxation system can be discerned. Bahá'u'lláh seems
to place tax at local levels. A portion of all tax on trade, agriculture or other
occupation" is be spent on the education of children. [12] The right to private property is explicitly acknowledged, and the condition of
poverty - whether voluntary or involuntary - is denounced. The principle of redistribution
is embedded in the systems of taxation, and in the law of Huqúqu’lláh, established
in the Kitáb-i-Aqdas and elaborated in the writings of ‘Abdu’l-Bahá.
Bahá'í States
The Bahá'í Writings articulate future societal structures at two
levels: within the Bahá'í community, and within states in general. Appreciation for the
origins and purposes for which governments are created lies at the heart of
Bahá'u'lláh's instructions. States exist to promote the interests of the whole of
humanity, but their existence is not taken as proof of man's inherent selfishness, so much
as evidence of the complexity of human society. They are thus regarded as necessary and
positive institutions, which are required to oversee the satisfaction of individual and
collective aspirations.
The definition of "state" in the Bahá'í context has not
been examined. At international law, a "state" as currently defined, is an
entity having a stable population, stable territory, and recognizable authority. As is
well known, however, the states as now constituted on each of the five continents mostly
emerged consequent to colonial rule, and are largely the result of historical
"accidents" and imperial design. Few states have been defined in accordance with
the wishes of their peoples, and the inadequacy of national boundaries has resulted in
many of the conflicts of the present century. The fact that 'Abdu'l-Bahá pointed to the
need for the boundaries of the nations to be firmly established by an independent
authority is a clear indication of his dissatisfaction with present definitions of
"nations".
The size of future states, their spheres of state responsibility, and
the parameters of individual responsibility, have not been fully articulated. Whether
future states will comprise nations or ethnic communities is not clear. The distinction
that exists between the "government" and the "territorial state"
allows the possibility that forms of government within a state might completely change,
without affecting the continued existence of the state.
What, then, are the elements of social practice that the laws and
ordinances of the Kitáb-i-Aqdas will bring into play, that will pave the way to the
eventual creation of Bahá'í states? Bahá'í states will be constitutional, in that
their form, and the powers given their authorities, will be clearly defined. They will
originate in the Laws and Ordinances of Bahá'u'lláh, and their later elaboration will
continue to occur on the basis of His Writings, as well as on the decisions of the
Universal House of Justice, which will necessarily be in accordance with these Writings:
It is incumbent upon the Trustees of the House of Justice to take
counsel together regarding those things which have not outwardly been revealed in the
Book, and to enforce that which is agreeable to them. [13]
According to the fundamental laws which We have
formerly revealed in the Kitáb-i-Aqdas and other Tablets, all affairs are committed to
the care of just kings and presidents and of the Trustees of the House of Justice. Having
pondered on that which We have enunciated, every man of equity and discernment will
readily perceive, with his inner and outer eyes, the splendours of the day-star of justice
which radiate therefrom. [14]
Bahá'í States will have the position of head of state, whose powers
and functions will include both ceremonial and executive capacities. That the head of
state, or monarch, will have a ceremonial role, is evident from Bahá'u'lláh's statement
that Kingship is the "sign of God on earth". That the King will have more
weighty responsibilities than merely ceremonial is indicated by Bahá'u'lláh's statements
that no individual would wish for the burden of responsibilities of future monarchs. The
implication is that the head of state will be a constitutional monarch. Bahá'u'lláh
praised both the republican and monarchical forms of government, and suggested that the
best model would combine elements of both. [15] If, by "republic", Bahá'u'lláh was referring to the model of a president and
congress (or parliament), it is not clear how such a form could also include a monarch,
unless the president hold powers of head of government, rather than head of state. In
which case, the position of prime minister is being referred to. Elsewhere, Bahá'u'lláh
has praised the British system of government, which consists of a monarch and parliament,
rather than a president and congress. [16]
Regardless of nomenclature, what is clear is that Bahá'u'lláh
advocated government based on deliberation and consultation, and having as its essential
focus the quest for just rule, achieved through the effective application of rewards for
merit, and punishments for activities which are outside the law. [17] In this formula there is emphasis on close recognition of the condition of
society, and on an active and effective system of justice.
Federalism
The model favoured in the Bahá'í writings has elements of federalism,
mixed with elements of more centralised decision-making. The need for a supra-national
political authority is becoming increasingly obvious. [18] The implication of decentralisation, or devolution, is that not all states will
have the same form of government. The concept of "unity in diversity" implies an
appreciation of difference, and capacity for flexibility. [19] The "order and system" of the modern age must thus give way to more
flexible modes of acting (although variations on the patterns of presidential and
parliamentary forms of government will doubtless continue).
If the Bahá'í World Commonwealth is to consist of a world government
based on a federal model, the implication is that the states tie themselves to each other
on a basis of equal powers, which agree to allocate some power at the federal or global
level, and some at the state level. Although it is impossible to foresee the details of
this arrangement, Shoghi Effendi referred to the need to avoid the extremes of
"excessive centralism" and of extreme decentralisation. The National Assembly is
empowered to decide whether an issue is local or national in character. [20]
State and Society
Bahá'í societies, and future Bahá'í states, will be patterned on
Local and Secondary Houses of Justice. Local level communication between Local Houses of
Justice and the people will occur through the Feast. The Bahá'í approach to social
engagement institutionalises participation. Welfare services will surround the structure
of the Mashriqu'l-Adhkár. Bahá'í government will be concerned largely
with the provision of such services as schools, hospitals, orphanages, even food storage
facilities. Agriculture will be given renewed emphasis. These and other institutions
associated with the responsibilities of government are set out in the Kitáb-i-Aqdas.
Interaction between members of Assemblies and those they govern is based on cooperation,
which in turn requires sympathy and the confidence of the community. [21] Decision-making at national and international levels will be mediated through
national and international conventions.
Current principles of democratic government contain some, but not all,
elements of the Bahá'í model. At a fundamental level, for instance, the Bahá'í
approach retains the principle of elected leadership while abandoning current notions of
electoral "campaigning", and upholds the necessity for contestation of important
issues while denying the necessity for institutionalised opposition. "In every
country where any of this people reside", is his injunction, "they must behave
towards the government of that country with loyalty, honesty and truthfulness". [22] Similarly, he exorts governments to hold in highest
regard the principles of reward and punishment, these being the "two pillars"
which "traineth the world". [23] When
this principle is recognised, public offices are best filled according to "desert and
merit". [24]
Representation
The notions of responsibility and accountability occur in the Bahá'í
system. Public offices are to be filled on the basis of merit. [25] Bahá'u'lláh places great emphasis on the need for representatives to acquaint
themselves thoroughly with the conditions of those whom they govern. [26] Governments in Bahá'í states will thus be based on a representative system in
which leaders will be elected. The notions of "representation", and the system
of election, however, may differ from those currently in use. Bahá'í government is based
on the expression of popular opinion, and this is through, firstly, the institution of the
feast.
And in case there should arise some disputes between them, they could
arbitrate before the Parliament of Man, the representatives of which should be chosen from
among the wisest and most judicious men of all the nations of the world. [27]
Obviously, when public leaders fail to be guided by notions of equity
and justice in their operation of the organs of state, they can become instruments of
human avariceness. Thus Bahá'u'lláh stressed the need for structures of government led
by the learned and the wise, yet responsive to the will of the masses. The Bahá'í
electoral system is based on universal suffrage for elections at local level. Secondary
Houses of Justice are to be elected by electoral colleges. The Universal House of Justice
is elected by members of the secondary Houses of Justice. Bahá'í elections make those
elected responsible to their consciences, not to the electorate. At the same time their
future service in the legislature remains in the hands of the people. The Bahá'í
administrative order offers a method of filtering in the selection of its leaders. It
provides a basis for consultation and decision-making, a desire for excellence, and a
freedom from selfish motives. [28]
The formation of political parties, and by implication, sectional
interests, is forbidden, and the electoral process prohibits all forms of nomination,
candidacy, and electioneering. The implications of such electoral restrictions, and the
impact they have on the selection of representatives, require closer examination than has
so far occurred. Without electoral campaigns, how are we to judge the qualities of those
for whom we vote? Firstly, it appears society will be reconstituted so as to provide more
meaningful interaction between individuals, of a nature that will facilitate learning
about each others' characters and capacities. [29]
Secondly, a rejuvenated press, reporting accurately on the affairs of society, free of the
pressures that currently distort reporting on current events, will become the "mirror
of the world". [30] The transformation of
the Bahá'í administrative order, and the key to its successful functioning, lies in the
transformation of a passive electorate into an intelligent community of voters:
...They should be encouraged to think more, not only about the
qualifications of their elected bodies, but also about ...the law of averages, the age and
indisposition of some of the members, etc...Far greater tasks lie ahead, but the Guardian
does not feel that the way to meet them is to change the present system but rather to
perfect it by educating the believers and training them, holding more conferences,
publishing more news for Bahá'ís, getting more people active. [31]
Although no formal qualifications are required for candidacy - since
all members of the Bahá'í population are eligible for election to Houses of Justice
(apart from the limitation that men and not women be elected to the Universal House of
Justice), the Bahá'í writings contain numerous passages concerning qualities that it
would be most desirable for representatives to possess. Many of these are set out by
'Abdu'l-Bahá in Secret of Divine Civilisation. For more immediate purposes, they
are expanded on in the communications of Shoghi Effendi.
Consultation
The consultative principle, already found in most systems of
government, is applauded as "a lamp of guidance which leadeth the way". [32] A principle with which it must be associated - albeit an
association as yet unappreciated by theories of bureaucratic effectiveness - is that of
compassion. The presence of these two capacities allows governments to "be able to
fully acquaint themselves with the condition of the people they govern". [33] The Bahá'í state will incorporate the institutions of
the "rulers", who are elected, and the "learned", who are appointed.
The mechanisms by which the former are advised by the latter will necessarily undergo
considerable evolution and elaboration. The institution of the "learned"
commenced with the "Hands of the Cause" - individuals appointed by
Bahá'u'lláh, and later by Shoghi Effendi. With the closure of the line of hereditary
Guardianship, and the consequent impossibility of appointment of further Hands of the
Cause, the Universal House of Justice established the Continental Boards of Counsellors,
empowered to fulfil most, if not all, functions formerly fulfilled by the Hands of the
Cause.
Tolerance
Bahá'u'lláh encourages "free association" between peoples, [34] since familiarity between people leads to "concord,
which is conducive to order". [35] But this
policy requires "tolerance and righteousness. [36] Bahá'u'lláh refers at length to the promotion of "fellowship, kindliness
and unity" [37] and continually warns of the
need to "flee" from "anything from which the odour of mischief can be
detected." [38]
An additional aspect of the principle of tolerance concerns treatment
of minorities, who live in all societies. The Bahá'í teachings against prejudice of all
kinds will work to produce greater social equality than in the past, and the prohibition
on laws that keep peoples and groups apart will ensure this. One's social status cannot be
legally enforced. Furthermore, the rights of individuals and of minorities are secured.
Whereas the rights of individuals and of minorities are protected,
there is not necessarily in Bahá'í law the degree of individual rights that exists in
modern society. The Bahá'í writings speak of the rights of peoples to their own lands,
and it is not clear whether this suggests that "original inhabitants" will be
allowed to claim preferential rights over others who have entered their lands in
subsequent years.
The Transition
While it is not possible to attempt to envisage the course of future
society in detail, the attempt to make plausable projections into the future, however -
based on current trends and on the vision of the future embedded in Bahá'í texts -
allows the Bahá'í community to anticipate developments, and indeed positively prepare
for them. For sure, the attitude toward the future espoused by the Bahá'í Writings is to
create it, to shape it in accord with preferred options, rather than to acquiesce in a
passive way to developments which are perceived to be outside individual or even
collective grasp. The Bahá'í vision of the future, furthermore, is not utopian. Rather,
it is a sophisticated approach to solving the challenging problems of organising the
global human community. Given this perspective of cautious projection, we may suggest that
the structures of the Bahá'í state presume vigorous interactions between state and
society, at both national and international levels. Current conceptions of "civil
society" give some indication of future potential for the emergence of new forms of
democratic culture, in which individuals and interest groups are well placed to articulate
their needs to the state, and to have their needs addressed.
There are two presuppositions that are central to the Bahá'í vision
of future states. One is the planetary vision, the world-embracing scope of the future
political order; the other is the transfer to a new paradigm of values. Discussion of the
Bahá'í approach to state-hood and to the principles and practice of government can only
proceed on the presumptions that the principles are trans-global, trans-cultural,
trans-ethnic, etc, and that they are to occur within a different milieu than that which
pervades the late twentieth century. This implies that they will emerge in some
relationship to the transition from the current milieu, and that the emergence of a
different or a new set of values is in some sense a prerequisite to institutional change.
How will Bahá'í states emerge? The Universal House of Justice
envisages "several stages in the adjustment of national political attitudes, which
now verge on anarchy in the absence of clearly defined laws or universally accepted and
enforceable principles regulating the relationships between nations." [39] The evolution of Bahá'í states may occur in the
context of the continued dissolution of existing states. Some may emerge rapidly, through
the support of a monarch, or other national leadership. They may evolve slowly, through
the gradual adoption of Bahá'í procedures and principles, which will in time be formally
recognised. [40] Through such international
structures as the United Nations Organisation and its various organs, the World Wide Fund
for Nature, UNICEF, and other agencies, the Bahá'í International Community (BIC) already
contributes to the setting of global standards. [41]
Whereas it is not clear as to where and when Bahá'í states will first
emerge, it is most likely that those countries in which the Bahá'í population is highest
in relation to the population as a whole will be amongst the first to become Bahá'í
states. These may be small states, which are of little consequence to the larger states in
the world system, and in which such a change - while attracting the curiosity of a
distracted world community - will be not be taken as a threat to the system as a whole.
Opposition to the creation of the first Bahá'í states will most likely come from
traditional religious bodies seeking to preserve their rapidly diminishing realms of
influence and resource, as well as from the remaining adherents of secular ideologies.
There is no indication that the establishment of the Most Great Peace
will be established rapidly. In his World Order of Bahá'u'lláh, Shoghi Effendi
outlined the constitutional and socio-economic characteristics he envisaged would
characterise the Bahá'í Commonwealth: a) Constitutional characteristics: World
Executive; World Parliament; World Tribunal; Protection of individual freedom b)
Socio-economic characteristics: World intercommunication; World language; World
Metropolis; World script/literature; Common currency, weights, and measures; harmony of
science of religion; World press; re-organization of economics; coordination of markets;
regulation of distribution; extensions of science and technology; extermination of
disease; improved standards of health; and intellectual refinement. [42]
Whereas all religions, in the Bahá'í view, share a common, divine
source, they have differed in their content and form merely to suit the requirements of
diverse societies during successive stages of social, economic and political evolution.
Thus Bahá'u'lláh proposed a set of social values and intellectual precepts he suggests
are essential to the future well-being of the world community: the principle of an
unfettered search after truth and condemnation of all forms of superstition and prejudice;
the fundamental unity of religion and science; the principle of equal opportunity, rights
and privileges for both sexes; advocacy of compulsory education and of the abolition of
extremes of poverty and wealth; the need for a universal auxiliary language, and for
universal systems of currency, weight and measurement; and the exaltation of work
performed in the spirit of service to the rank of worship. Whereas once such principles
were regarded as mere idealism, and unfocused universalism, they are becoming, on an
individual basis, the pragmatic basis for policy creation, particularly in discourses of
international relations.
Whereas the task of Bahá'í communities world-wide has heretofore been
focused on internal coherence and consolidation, the next decade must see an outward
expression of Bahá'í values in order for these communities to achieve further definition
and to fulfil their intended purpose, namely, contribution to the spiritual, moral and
social regeneration of humankind. While the intellectual horizon of the Bahá'í community
has been fixed on an ideal vision and promise of the "greater peace", there now
exists need for consideration of the ways in which Bahá'í communities can contribute to
the life of the wider community in the years leading to, and during, the "lesser
peace". Given the rich sources within the Bahá'í writings for the generation of
policy perspectives and principles, little has occurred in the way of their critical
assessment.
The progressive introduction and spread of the laws and ordinances of
the Kitáb-i-Aqdas will be evolutionary. Numerous laws are already enforced in the
Bahá'í community. As particular communities expand in absolute size and in size relative
to the population of their countries, the influence of Bahá'í values on the surrounding
populations will increase. Shoghi Effendi has explained that Bahá'í communities will
move through stages of obscurity, repression, emancipation, establishment as the state
religion, and eventually evolve into Bahá'í states. [43] This process is expected to occur at different speeds in different nations. As
the size of a Bahá'í community grows, so too do its institutions expand and exercise
their powers more fully. In giving expression to the laws and principles embedded in the
Bahá'í world-view, Bahá'í approaches to social functioning and to state functioning,
will become more apparent, and the contrast between Bahá'í approaches and those of the
declining orders will become more stark. Bahá'í practice will prove more persuasive than
any theory.
Bibliography
Bahá'u'lláh, Tablets of Bahá'u'lláh, Haifa, Bahá’í
World Centre, 1978.
The Kitáb-i-Aqdas, Haifa, Bahá’í World Centre,
1992.
Shoghi Effendi, God Passes By, Wilmette: Bahá'í Publishing
Trust, 1970.
Directives from the Guardian, New Delhi: Bahá'í
Publishing Trust, 1973.
Messages to the Bahá'í World 1950-1957, Wilmette:
Bahá'í Publishing Trust, 1958.
The World Order of Bahá’u’lláh, Wilmette: Bahá’í Publishing Trust, 1982.
Universal House of Justice, Individual Rights and Freedoms in the
World Order of Bahá'u'lláh (to the followers of Bahá'u'lláh in the United States of
America), Bahá'í Publishing Trust, Wilmette, 1989.
Notes
[1] Shoghi Effendi, Citadel of Faith, p.7. Shoghi Effendi
says Bahá'u'lláh left certain gaps in his laws for 'Abdu'l-Bahá to fill in, and that
the Kitáb-i-Aqdas anticipates the institutions ordained in the Will and Testament
of 'Abdu'l-Bahá. Shoghi Effendi, World Order of Bahá'u'lláh, p.4.
[2] "Lawh-i-Dunyá", Tablets of Bahá'u'lláh,
p.93.
[3] "Those who care for the future of the human race may
well ponder this advice. "If long-cherished ideals and time-honoured institutions, if
certain social assumptions and religious formulae have ceased to promote the welfare of
the generality of mankind, if they no longer minister to the needs of a continually
evolving humanity, let them be swept away and relegated to the limbo of obsolescent and
forgotten doctrines. Why should these, in a world subject to the immutable law of change
and decay, be exempt from the deterioration that must needs overtake every human
institution? For legal standards, political and economic theories are solely designed to
safeguard the interests of humanity as a whole, and not humanity to be crucified for the
preservation of the integrity of any particular law or doctrine.", Universal House of
Justice, Promise of World Peace.
[4] These include fasting, obligatory prayers, the consent of
parents before marriage, avoidance of alcoholic drinks, monogamy, and, most recently, the
law of Huququllah: see Shoghi Effendi, Directives from the Guardian, p.3-4.
[5] Shoghi Effendi, Directives from the Guardian, p.4.
[6] Shoghi Effendi, quoted in Bahá'í News (no.113, p.1)
January 1938, reprinted in Directives from the Guardian, p.53.
[7] (Maqsud, 254-5)
[8] so Bahá'ís working on intellectual foundations of the unity
paradigm). (see Danesh, Thomas)
[9] see Shoghi Effendi, World Order of Bahá'u'lláh,
p.162-3.
[10] "According to the fundamental laws which We have
formerly revealed in the Kitáb-i-Aqdas and other Tablets, all affairs are committed to
the care of just kings and presidents and of the Trustees of the House of Justice. Having
pondered on that which We have enunciated, every man of equity and discernment will
readily perceive, with his inner and outer eyes, the splendours of the day-star of justice
which radiate therefrom." Tablets of Bahá’u’lláh, p.92-94.
[11] Shoghi Effendi, Directives from the Guardian, p.20.
[12] (Dunya, 215)
[13] "Kalimát-i-Firdawsíyyih", Tablets of
Bahá'u'lláh, p.68. Also, "Inasmuch as for each day there is a new problem and
or every problem an expedient solution, such affairs should be referred to the Ministers
of the House of Justice that they may act according to the needs and requirements of the
time, "Bishárát", p.27; "The men of God's House of Justice have
been charged with the affairs of the people. They, in truth, are the Trustees of God among
His servants and the daysprings of authority in His countries", "Ishráqát",
ibid, p.128.
[14] Bahá'u'lláh, Tablets of Bahá’u’lláh, pp.
92-94.
[15] Bahá'u'lláh commended the "republican form" of
government, but preferred that the role of monarchy be retained (Bishárát, 185).
He praised the British system for being "adorned with the light of both kingship and
of the consultation of the people" (Dunya, 216).
[16] "The system of government which the British people have
adopted in London appears to be good, for it is adorned with the light of both kingship and
of the consultation of the people", "Lawh-i-Dunyá", Tablets of
Bahá'u'lláh, p.93.
[17] "O people of God! That which traineth the world is
Justice, for it is upheld by two pillars, reward and punishment. These two pillars are the
sources of life to the world." "Bishárát", Tablets of
Bahá'u'lláh, p.27. An identical passage appears in Ishráqát, ibid, p.129
[18] Drucker, for instance, has recently written: "There is a
growing need for truly transnational institutions, that is, for institutions that in their
own sphere transcend the nation-state. These institutions can - indeed, they must - make
decisions and take action in a wide range of areas, cutting through the barrier of
sovereignty and directly controlling citizens and organizations within a nation-state.
These decisions push aside the nation-state or turn it into an agent of the transnational
institution." Peter F. Drucker, Post-Capitalist Society, Harper, USA, 1993,
p.145.
[19] Mohan, p.27. On this Averill and Nunley have observed:
"Cultural diversity is important because it allows the interaction of apparently
contradictory or unrelated ideas and customs...what distinguishes one society from another
is not so much the intellectual content of their ideologies, but the emotional embodiment
of their values. Competing value systems almost demand an emotionally creative
response", James R. Averill & Elma P. Nunley, Voyages of the Heart: Living an
Emotionally Creative Life, The Free Press, N.Y., 1992, p.295.
[20] Bahá'í Administration p23.
[21] Bahá'í Administration, p.28.
[22] (Bishárát, 182)
[23] (Bishárát, 184)
[24] (Ishraqat, 234)
[25] It is enjoined upon every ruler and sovereign to consider
this matter with the utmost care that the traitor may not usurp the position of the
faithful, nor the despoiler rule in the place of the trustworthy.", "Ishráqát",
Tablets of Bahá'u'lláh, p.127.
[26] "Governments should fully acquaint themselves with the
conditions of those whom they govern, and confer upon them positions according to desert
and merit."; "...it is incumbent on them to enquire into the conditions of their
subjects and to acquaint themselves with the affairs and activities of the divers
communities in their dominions", "Ishráqát", Tablets of
Bahá'u'lláh, p.127, 130.
[27] ‘Abdu’l-Bahá, Star of the West, vol. 5, no.
8 (August 1914), pp. 115-117.
[28] The problem of accountability is crucial. Modern political
philosophies make parliaments accountable to "the people" through popular
elections. One unfortunate by-product is that elected leaders fail to make responsible
decisions, for fear of alienating those who elected them. Courts can make decisions with
impunity, through not having to answer to the ballot box. Thus court decisions are
responsible, but not accountable.
[29] "We should refrain from influencing the opinion of
others, of canvassing for any particular individual, but should stress the necessity of
getting fully acquainted with the qualifications of membership referred to in our
Beloved's Tablets of learning more about one another through direct, personal experience
rather than through the reports and opinions of our friends." Shoghi Effendi, Directives
of the Guardian, p.23.
[30] "Tarázát", Tablets of Bahá'u'lláh, p.39.
[31] Shoghi Effendi, letter printed in Bahá'í News 173,
February 1945, p.3., reprinted in Directives from the Guardian, p.25.
[32] (Maqsud, 254)
[33] (Ishraqat, 234)
[34] (Bishárát, 181)
[35] (Tarázát, 187)
[36] (Tarazat, 187-8)
[37] (Dunya, 214)
[38] (Dunya, 217)
[39] Universal House of Justice, The Promise of World Peace.
[40] Recently the Bahá'í approach to government was briefly
examined during the process of constitutional design for the newly independent state of
Namibia. Mtshana M. Ncube & Collins Parker, Comparative Electoral Systems and
Political Consequences: Options for Namibia, United Nations Institute for Namibia,
Lusaka, Zambia, 1990.
[41] The Bahá'í International Community has an Office of the
Administrator General in New York; United Nations Offices in New York and Geneva, with
further representation in Addis Ababa, Bangkok, Nairobi, Santiago, and Vienna; Offices of
Public Information in Haifa, New York, Paris, Hong Kong and London; and an Office for the
Pacific Region.
[42] The World Order of Bahá’u’lláh, pp.203-204. These
factors, elaborated more than fifty years ago, match closely the concerns of modern
international law. The program of the 15th conference on Law of the World, for instance,
held in Barcelona 6-11 October 1991 and organised by the world Jurist Association of the
World Peace Through Law Centre, took as its theme "Law and the Preservation of
Peace". It included sessions on constitutional law, the judiciary, family law,
foreign trade and investment and technology transfer, health law, human rights,
intellectual property protection, international terrorism, international arbitration,
international environmental law, energy law, new regional and international economic
order, legal education, theory and practice, the influence of media communication, the
role of the lawyer in society, arms control and disarmament, the European community and
other forms of integration, international criminal law, mediterranean basin within the new
international context and international real estate.
[43] Shoghi Effendi, Advent of Divine Justice, p.15.