May 27, 2023

Examples of certain laws in the Kitab-i-Aqdas that require authoritative interpretation and elucidation “to properly understand” them

The Kitab-i-Aqdas itself is the kernel of a vast structure of Baha'i law that will have to come into being in the years and centuries ahead as the unity of mankind is established and develops. Thus to properly understand the contents of that Book one should also read many other Tablets of Baha'u'llah relating to them, as well as the interpretations of 'Abdu'l-Baha and the Guardian, and realize that great areas of detail have been left by Baha'u'llah for the Universal House of Justice to fill in and to vary in accordance with the needs of a developing society. For example:

1. The law of divorce in the Aqdas seems to apply only to a husband divorcing his wife, and not vice versa. 'Abdu'l-Baha and the Guardian have made it quite clear that the principle enunciated by Baha'u'llah in the Kitab-i-Aqdas applies equally to men and women, and the law has always been implemented in this way. Such elucidations are one of the specific functions intended by Baha'u'llah for the authoritative Interpreter.

2. The Kitab-i-Aqdas appears to allow bigamy. This is explained in Note 17 on page 59 of the Synopsis and Codification: "The text of the Kitab-i-Aqdas upholds monogamy, but as it appears also to permit bigamy, the Guardian was asked for a clarification, and in reply his secretary wrote on his behalf. 'Regarding Baha'i marriage: in the light of the Master's Tablet interpreting the provision in the Aqdas on the subject of the plurality of wives, it becomes evident that monogamy alone is permissible, since, as 'Abdu'l-Baha states, bigamy is conditioned upon justice and as justice is impossible, it follows that bigamy is not permissible, and monogamy alone should be practised.'"

3. This is an authoritative interpretation, and as an interpretation states what is intended by the original text, it is correct to say that the Kitab-i-Aqdas prohibits plurality of wives. This method of establishing monogamy as the law of the Faith is one example of the process referred to in the introduction to the Synopsis and Codification whereby there is a progressive disclosure of the full meaning of the laws of the Faith as the Dispensation unfolds.

4. The punishments prescribed for theft, murder and arson are given only in barest outline. It is explained in Note 42 on page 64 of the Synopsis and Codification that these punishments are intended for a future condition of society and will have to be supplemented and applied by the Universal House of Justice. The punishment for theft, for example, says that for the third offence a mark must be placed on the thief's forehead (nothing is said about branding), so that people will be warned of his proclivities. All details of how the mark is to be applied, how long it must be worn, on what conditions it may be removed, as well as the seriousness of various degrees of theft have been left by Baha'u'llah for the Universal House of Justice to decide when the law has to be applied. Similarly, merely the fundamental principles of the punishments for murder and arson are given in the Kitab-i-Aqdas. Wilful murder is to be punished either by capital punishment or life imprisonment.  Such matters as degrees of offence and whether any extenuating circumstances 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 in operation. Arson, as you yourself can see from the newspapers, is becoming an increasingly frequent offence -- scarcely a day passes without some building being burned or blown up, often causing agonizing death to innocent people. Baha'u'llah prescribes that a person who burns a house intentionally is to be burned or imprisoned for life, but again, the application of these punishments, the method of carrying them out and the fixing of degrees of offence are left to the Universal House of Justice. Obviously there is a tremendous difference in the degree of the offence of a person who burns down an empty warehouse from that of one who sets fire to a school full of children.

- The Universal House of Justice  (From a document dated 27 May 1980, entitled “Extracts from a Reply Written on Behalf of the Universal House of Justice to Questions about the Kitab-I-Aqdas"; ‘Messages from the Universal House of Justice 1963-1986)