The Kitab-i-Aqdas Part 23

In relation to the application of the fine, Baha'u'llah clearly specifies that each succeeding fine is double the preceding one (Q and A 23); thus the fine imposed increases in geometrical progression. The imposition of this fine is intended for a future condition of society, at which time the law will be supplemented and applied by the Universal House of Justice.

79. We have made it lawful for you to listen to music and singing. #51

'Abdu'l-Baha has written that "Among certain nations of the East, music was considered reprehensible". Though the Qur'an contains no specific guidance on the subject, some Muslims consider listening to music as unlawful, while others tolerate music within certain bounds and subject to particular conditions.

There are a number of pa.s.sages in the Baha'i Writings in praise of music.

'Abdu'l-Baha, for example, a.s.serts that "music, sung or played, is spiritual food for soul and heart".

80. O ye Men of Justice! #52

It has been elucidated in the writings of 'Abdu'l-Baha and Shoghi Effendi that, while the members.h.i.+p of the Universal House of Justice is confined to men, both women and men are eligible for election to Secondary and Local Houses of Justice (currently designated as National and Local Spiritual a.s.semblies).

81. The penalties for wounding or striking a person depend upon the severity of the injury; for each degree the Lord of Judgement hath prescribed a certain indemnity. # 56

While Baha'u'llah specified that the extent of the penalty depends upon "the severity of the injury", there is no record of His having set out the details of the size of the indemnity with regard to each degree of offence. The responsibility to determine these devolves upon the Universal House of Justice.

82. Verily, it is enjoined upon you to offer a feast, once in every month #57

This injunction has become the basis for the holding of monthly Baha'i festivities and as such const.i.tutes the ordination of the Nineteen Day Feast. In the Arabic Bayan the Bab called upon His followers to gather together once every nineteen days to show hospitality and fellows.h.i.+p.

Baha'u'llah here confirms this and notes the unifying role of such occasions.

'Abdu'l-Baha and Shoghi Effendi after Him have gradually unfolded the inst.i.tutional significance of this injunction. 'Abdu'l-Baha emphasized the importance of the spiritual and devotional character of these gatherings.

Shoghi Effendi, besides further elaborating the devotional and social aspects of the Feast, has developed the administrative element of such gatherings and, in systematically inst.i.tuting the Feast, has provided for a period of consultation on the affairs of the Baha'i community, including the sharing of news and messages.

In answer to a question as to whether this injunction is obligatory, Baha'u'llah stated it was not (Q and A 48). Shoghi Effendi in a letter written on his behalf further comments:

Attendance at Nineteen Day Feasts is not obligatory but very important, and every believer should consider it a duty and privilege to be present on such occasions.

83. If ye should hunt with beasts or birds of prey, invoke ye the Name of G.o.d when ye send them to pursue their quarry; for then whatever they catch shall be lawful unto you, even should ye find it to have died. #60

By this law, Baha'u'llah greatly simplifies practices and religious regulations of the past relating to hunting. He has also stated that hunting with such weapons as bows and arrows, guns, and the like, is included in this ruling, but that the consumption of game if it is found dead in a trap or a net is prohibited (Q and A 24).

84. hunt not to excess #60

While hunting is not forbidden by Baha'u'llah, He warns against excessive hunting. The Universal House of Justice will, in due course, have to consider what const.i.tutes an excess in hunting.

85. He hath granted them no right to the property of others. #61

The injunction to show kindness to Baha'u'llah's kindred does not give them a share in the property of others. This is in contrast to S_h_i'ih Muslim practice, in which lineal descendants of Mu?ammad are ent.i.tled to receive a share of a certain tax.

86. Should anyone intentionally destroy a house by fire, him also shall ye burn; should anyone deliberately take another's life, him also shall ye put to death. #62

The law of Baha'u'llah prescribes the death penalty for murder and arson, with the alternative of life imprisonment (see note 87).

In His Tablets 'Abdu'l-Baha explains the difference between revenge and punishment. He affirms that individuals do not have the right to take revenge, that revenge is despised in the eyes of G.o.d, and that the motive for punishment is not vengeance, but the imposition of a penalty for the committed offence. In Some Answered Questions, He confirms that it is the right of society to impose punishments on criminals for the purpose of protecting its members and defending its existence.

With regard to this provision, Shoghi Effendi in a letter written on his behalf gives the following explanation:

In the Aqdas Baha'u'llah has given death as the penalty for murder. However, He has permitted life imprisonment as an alternative. Both practices would be in accordance with His Laws.

Some of us may not be able to grasp the wisdom of this when it disagrees with our own limited vision; but we must accept it, knowing His Wisdom, His Mercy and His Justice are perfect and for the salvation of the entire world. If a man were falsely condemned to die, can we not believe Almighty G.o.d would compensate him a thousandfold, in the next world, for this human injustice? You cannot give up a salutary law just because on rare occasions the innocent may be punished.

The details of the Baha'i law of punishment for murder and arson, a law designed for a future state of society, were not specified by Baha'u'llah.

The various details of the law, such as degrees of offence, whether extenuating circ.u.mstances are to be taken into account, and which of the two prescribed punishments is to be the norm are left to the Universal House of Justice to decide in light of prevailing conditions when the law is to be in operation. The manner in which the punishment is to be carried out is also left to the Universal House of Justice to decide.

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.

87. Should ye condemn the arsonist and the murderer to life imprisonment, it would be permissible according to the provisions of the Book. #62

Shoghi Effendi, in response to a question about this verse of the Aqdas, affirmed that while capital punishment is permitted, an alternative, "life imprisonment", has been provided "whereby the rigours of such a condemnation can be seriously mitigated". He states that "Baha'u'llah has given us a choice and has, therefore, left us free to use our own discretion within certain limitations imposed by His law". In the absence of specific guidance concerning the application of this aspect of Baha'i law, it remains for the Universal House of Justice to legislate on the matter in the future.