-- provisional translation by Moojan Momen
He is the All-Glorious!
O you who are clinging fast to the hem of Covenant, your
letter was read and your detailed questions were noted. Although calamities,
like deadly poison, have affected my limbs, my members and my joints, such that
my pen is prevented from writing and my tongue from speaking, and my tasks are
so many that it is not possible to describe them, yet nevertheless, out of the great
love that this servant has for that gentleman, a spiritual answer will be
given, which will be compatible with Divine wisdom, concise and illuminating, perfectly
explaining the matter. It will be a comprehensive explanation concerning this
question and will contain acceptable and sought-after insights such that by
this explanation, clarification, analysis, allusion, commentary and spiritual
interpretation, one hundred doors will be opened up by each of its doors. Otherwise,
were the horizons to become pages, it would not be enough to encompass [this
theme].
You have asked about the wisdom of assigning some of the
important legislation (ahkám) to the House of Justice. The first [point to be
made] is this that this divine cycle is purely spiritual (rawhání), divine (rahmání)
and moral (vujdání). It is not so much concerned with the physical (jismání), the
worldly (mulkí) or with the stages of material existence (shu’ún-i násutí). Similarly,
the Christian cycle was purely spiritual and in the entirety of the Gospels,
there is nothing except the prohibition of divorce and an allusion to the
lifting of the [law of the] Sabbath. All of the laws (ahkám) are spiritual and
the morals divine. Just as it is said: “The Son of Man did not come to judge
the world but to give it life.” [cf. John 3:17; 12:47] Now this great cycle is
also purely spiritual and is the giver of eternal life, for the fundamental
basis of the religion of God is to adorn [people] with good character, to
improve them with virtuous conduct and to regulate their interactions. The
intention is this that beings who were veiled [from the light] might attain to the
vision [of His Beauty] and that darksome reality might become filled with
light.
As for the other commandments, they are derivatives of certitude, faith, assurance and mystical insight. Nevertheless, because this blessed cycle is the most mighty of divine dispensations, it encompasses all of the spiritual and physical aspects [of human life] (marátib-i rawhaní va jismání) and is perfect in its power and sovereignty (quvvat va saltanat). Therefore those universal (all-encompassing) matters which are the foundations of the holy law (sharí`at) of God are revealed (mansús) [in the scriptures] and all secondary (subsidiary) matters (mutafarri`át) are to be referred to the House of Justice.
The wisdom of this is that time does not stand still. Change
and alteration are among the specific and necessary conditions of contingent
existence and of time and space. Therefore the House of Justice is able to act
in accordance with the needs of the time (exigencies). It should not be thought
that the House of Justice acts on the basis of its own thoughts and opinions.
God forbid! The Universal (Most Mighty) House of Justice House of Justice (bayt
al-`adl-i a`zam) will make its decisions and enact its laws through the
inspiration of the Holy Spirit (rúh al-quds), for it is under the guard, protection,
and succour of the Ancient Beauty. Whatsoever it decides is obligatory,
indisputable, necessary, and definitive for all. There is no recourse for
anyone.
Say: O people! The Universal House of Justice is [sheltered]
beneath the wing of your Lord, the Merciful, the Compassionate — that is to
say, under His protection, His defence, His safe-keeping, and His guard. For He
has ordered the believers and the assured ones to obey this goodly and pure
group, this holy and victorious assemblage. Therefore its sovereignty is heavenly
and divine and its laws (ahkám, ordinances) are inspired and spiritual.
Thus, this is the intention and the wisdom of referring social
ordinances (ahkám-i madaniyyih) to the Universal House of Justice. In the holy law
(sharí`at) of Islam (Furqán), also, all of the laws were not revealed (mansús) [in
the Qur’án]. Indeed, not one thousandth were revealed. Although all important
matters were mentioned, yet one hundred thousand laws were not mentioned. Later
the `ulama derived (istinbát) them according to the rules (qavá’id) of the
[science of] the Principles [of Jurisprudence] (úsúl). In those early [schools]
of law (shará’í`), the individual members of the `ulama would derive (istinbát)
these [laws] differently and they were implemented. Now, the [process of]
deriving [the law] is to be referred to the House of Justice and the derivation
(istinbát) and elicitation (istikhráj) of individual learned persons (`ulamá) has
no authority, unless the House of Justice endorses it. The difference is just
this that [from the derivations and endorsements of the House of Justice, whose
members are elected and have the confidence of the generality of the community,
no differences will arise, whereas] from the derivations (istinbát) of the members
of the learned and wise comes about differences and this leads to sectarian splitting,
separation and division. The unity of discourse and the oneness of the religion
of God would disappear and the foundations of the law (sharí`at) of God would
be shaken.
As for the command to marry, this is entirely a social law (ahkám-i
madanniyat). Despite this, its conditions are stipulated and its fundamentals
are made clear in the law (sharí`at) of God. However, the marriage of near relatives
is not revealed [in the scripture] (ghayr-i mansús). It is referred to the
House of Justice, who will make decisions based on the principles of
civilisation (qavá’id-i madaniyyat), the exigencies of medicine, wisdom, and
the tendencies of human nature. There is no doubt that (marriage with) distant
stock is closer to the principles of civilization, medicine, and nature, than
with closely related peoples. And consider this observation: in Christian holy
law (sharí`at), although marriage to near relatives (aqárib) was in fact permitted,
in that its prohibition was not revealed [in scripture] (mansús), nevertheless,
the early Christian councils prohibited the marriage of near relatives to seven
degrees of separation (literally “seven generations” — i.e. those who have a
common ancestor seven generations back). Moreover this is implemented in all of
the sects of Christianity because this is purely a social (madaní) matter. Now
anything the House of Justice decides in this matter, that is the definitive
and decisive divine law. No-one may infringe it.
If you consider it, you will see how much this referral of
social laws (ahkám-i madaniyyih) to the House of Justice is consistent with
wisdom. For whenever a difficulty arises because a compelling circumstance has arisen,
at that time, because the House of Justice has decided the previous ruling (qarár),
a particular House of Justice can again, because of specific compelling circumstances,
issue a new specific ruling for this particular case and circumstance, and thus
the danger may be completely averted. For whatsoever the House of Justice has
decreed, that it can also abrogate.
In Islam, there was also the matter of punishments that were
not decreed in the holy law (ta`zír). These were referred to those in
authority. Since there was no revealed law (nasúsí) about the extent of such punishments
(ta`zír), it was determined by and dependant upon the whim (ra’y) of the person
in power. And these punishments ranged from verbal censure to the death
penalty. This is what government (siyásat) of the people of Islam mostly
revolved around.
In any case, the foundation of this mighty dispensation has
been arranged in such a manner that its laws will be in accordance with and
suitable for every age and time, unlike the holy laws (shará’í`) of the past,
the implementation of which are now suspended or impossible. For example,
observe that the laws of the Torah are in no way capable of being implemented today,
since there are ten capital offenses in it. Similarly, according to the holy
law (sharí`at) of Islam (Furqán), the hand is to be cut off for stealing ten dirhams.
Now, is the implementation of such a law possible? No! By God! But this holy
and divine law is compatible with all ages and centuries and the passing of
time. “Thus have we made you a middle people, that you may be a witness unto
the people and the Messenger may be a witness to you.” (Qur’án 2:137)
The eloquent poetry and the consummate verses that have been
composed with delectable contents should be recited and sung. Truly they are
worthy of being chanted in the assemblies of divine unity.
Upon you be glory.
'A[bdu’l-Bahá] 'A[bbás]
Upon you be glory.
'A[bdu’l-Bahá] 'A[bbás]
(Published in Lights of Irfan, volume 8)