265. Laws of the Kitáb-i-Aqdas Not Yet Universally Applied

265

Laws of the Kitáb-i-Aqdas Not Yet Universally Applied

24 May 2016

To a National Spiritual Assembly

Dear Bahá’í Friends,

265.1 Further to our letter dated 11 November 2015, sent in response to your email letter of 21 September 2014 enquiring about the applicability of Bahá’í laws related to burial and wills, the Universal House of Justice has instructed us to convey the following.

265.2 Enclosed is a basic overview, recently approved by the House of Justice, of laws of the Kitáb-i-Aqdas that are not yet universally applied. This document also sets forth the universally binding laws related to burial of the dead (see IV.D.1.k).

265.3 The writing of a will is one of the laws in the Kitáb-i-Aqdas which is already binding on the friends (see paragraph 109). Furthermore, as you will know from your study of the Kitáb-i-Aqdas, Bahá’u’lláh has laid down detailed rules for the devolution of property in cases of intestacy—that is, when the individual dies without leaving a will. However, as the enclosed overview confirms, the laws of intestacy in the Kitáb-i-Aqdas are currently not universally applicable and are normally covered by civil laws (see IV.C.3.a–n).

With loving Bahá’í greetings,

Department of the Secretariat

LAWS OF THE KITÁB-I-AQDAS NOT YET UNIVERSALLY APPLIED

March 2016

265.4 After the universal application of the provisions of the Badí‘ calendar, the Universal House of Justice has provided the following basic overview of laws noted in the Synopsis and Codification of the Kitáb-i-Aqdas which are not at present universally binding upon the friends. The numbers of the sections are given for ease of reference. As the House of Justice has explained in the Introduction to The Kitáb-i-Aqdas: The Most Holy Book, “where Bahá’u’lláh has

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given a law as between a man and a woman, it applies mutatis mutandis between a woman and a man unless the context makes this impossible.”

IV.C.1.i.i	The laws governing betrothal: the period of engagement not exceeding 95 days.
IV.C.1.j	The law concerning the payment of a dowry by the groom to the bride on marriage.
IV.C.1.l & m	The laws concerning the travelling of a husband away from his wife.
IV.C.1.n & o	The laws relating to the virginity of the wife.
IV.C.2.b	That part of the divorce law relating to fines payable to the House of Justice.
IV.C.3. a–n	The law of inheritance in cases of intestacy. This is normally covered by civil laws at the present time.
IV.D.1.a	The law of pilgrimage.
IV.D.1.d	The law of the Mashriqu’l-Adhkár is gradually being put into effect.
IV.D.1.j	The age of maturity applies only to Bahá’í religious duties as yet. On other matters it is subject to the civil law of each country. The age of administrative maturity in the Bahá’í community has, for the time being, been fixed at 21.
IV.D.1.k	For the burial of the dead, the only requirements now universally binding are to bury the body in a coffin (not to cremate it), not to carry it more than a distance of one hour’s journey from the place of death, and to say the Prayer for the Dead if the deceased is a believer over the age of 15.
IV.D.1.p	The law of tithes.
IV.D.1.r	The law concerning the hunting of animals.
IV.D.1.t, u, v & w	The laws relating to the finding of lost property, the disposition of treasure trove, the disposal of objects held in trust, and compensation for manslaughter are all designed for a future state of society. These matters are usually covered by the civil law of each country.
IV.D.1.y.xiv, xv, xvi, & xvii	Arson, adultery, murder, and theft are all forbidden to Bahá’ís, but the punishments prescribed for them in the Kitáb-i-Aqdas are designed for a future state of society. Such matters are usually covered by the civil laws of each country.
IV.D.1.y.xxv, xxx, xxxi, & xxxii	The laws prohibiting the use of the type of pools which used to be found in Persian baths, the plunging of one’s hand in food, the shaving of one’s head, and the growth of men’s hair below the lobe of the ear.

265.5 All the exhortations listed in section IV.D.3 are applicable universally at the present time insofar as it is possible for the friends to implement them; for example, the exhortation to teach one’s children to chant the Holy Verses in the Mashriqu’l-Adhkár can be literally carried out only on a limited scale at the present time, but the friends should, nevertheless, teach their children the Holy Writings as far as possible.\