14.   Bahai Administration

14.1  The House of Justice (Bayt-i Adl)
The House of Justice is the Legislative Authority and the government the executive power. The Legislative body must reinforce the executive; and the executive must aid and assist the legislative body, so that, through the connection and consolidation of these two forces, the foundation of fairness and justice may become firm and strong, that regions may become garden of delights and paradise the sublime.
This passage appears in the “Excerpts from the Will and Testament of Abdul Baha”, the Bahai World Order, Vol. II, 1926-1928, P. 87.

Words of Abdul Baha [i.e. Sir Abbas Effendi’s concerning Persia (now Iran), the Bahai world 1926-1928, vol. II. Pp.299-300.

“And now concerning the House of Justice which God has ordained as the source of all good and freed from all error, it must be elected by universal suffrage. Its members must be manifestations of the fear of god and day-spring of knowledge and understanding, must be steadfast in god’s faith and well-wishers of all mankind.
By this house is meant the universal [i.e. Umumi] House of Justice; that is in all countries a secondary [i.e. Hususi] House of Justice must be instituted, and these secondary House of Justice must elect the members of the universal one. Unto this body all things must be referred. It enacts all ordinances and regulations that are not to be found in the explicit Holy Text [i.e. Nusus-i Ilahi]. By this body all the difficult problems are to be resolved and the guardian of the Cause of God is its sacred head and the distinguished members for life of that body. Should he not attend in person its deliberations, he must appoint one to represent him.
Should any of the members commit a sin, injurious to the common wend, the guardian of the cause of god has at his own discretion the right to expel him, whereupon the people [i.e. Millat] must elect one in his stead. This assembly enacts the laws and the executive enforces them [the Persian text sums as follows]:
« این بیت عدل مصدر تشریعست و حکومت قوه تنفیذ »
“The legislative body must reinforce the executive, the executive must aid and assist the legislative body, so that through the close union and harmony of these forces, the foundation of fairness and justice may become firm and strong, that all regions of the world may become even as paradise itself.”
“Unto the Most Holy Book all [i.e. Kitab-i Aqdas] everyone must turn; and all that is not expressly recorded therein must be reflected to the Universal House of Justice, that which this body, whether unanimously or by a majority, does carry, that is verily the trust and the purpose of god himself. Whoso doth deviate the therefrom is verily of them that love discord, hath shown malice and turned away from the lord of the covenant. By this House is meant that Universal House of Justice which is to be elected from all countries, that is from those parts in the East and the West where the loved ones are to be found, after the manner of the customary elections in Western countries, such as those of England.”

The last paragraph ending with “those of England” is immediately followed by the passages in the original text (P.21) which do not appear in the excerpts quoted in the Bahai World:
And those members may meet in some place and discuss any matter at issue or ambiguous matters or matters unprovided for. Whatever is decided is verily like unto the text [of the law].
In as much as the House of Justice is the legislator of laws unprovided for civil obligations it is in like manner able to be the repealer of those matters. That is to say today the House of Justice enacts a law on a certain matter and carries it into effect but after a hundred years the general situation undergoes a complete change, there takes place a change in the times.
The next House of Justice may vest the law on that matter, having regard to the exigencies of the time; for there exist no express divine text [for it]. The legislator is the House of Justice and the repealer is likewise the House of Justice.
The text sums as follows:

« و آن اعظا در محلی اجتماع کنند و در آنچه اختلاف واقع یا مسائل سعبه و یا مسائل غیر منصوصه مذاکره نمایند و هر چه تقدر یابد همانند نص است و چون بیت عدل واصع قوانین غیر منصوصه از معاملاتست ناسخ آن مسائل نیز تواند بود یعنی بیت عدل الیوم در مسئل ای قانونی شرع و معمول گردد ولی بعد از صد سال حال عوموی تغییر کلی حاصل نماید اختلاف از زمان حصول یابد بیت عدل ثانی آن مسئل ه هانونیه را تبدیل به حسب اقتضای زمان نماید زیرا نص صریح الهی نیست واضع بیت عدل ناسخ نیز بیت عدل »

The passage rendered in the excerpts as “that are not to be found in the explicit Holy text (supra)” should read “that are not to be found in the divine texts.”

The passage rendered in the excerpts as “this assembly enacts the laws and the executive enforces them (supra)” should read “this House of Justice is the legislative force and the government the executive force.” The passage rendered in the excerpts as “and all that is not expressly recorded therein must be referred to .. (supra)” should read “and any matter for which there is no provision is referred to ..”.
The relevant text sums as follows:
« این مجمع مرجع کل امور است و مؤسس قوانین و احکامیکه در نصوص الهی موجود نه »
2nd passage see supra.

3rd passage :
« مرجع کل کتاب اقدس و هر مسئله غیر منصوصه راجع به بیت عدل عمومی »
Those are the provisions for Sir Abbas Effendi’s concept of House of Justice. It is not understood why Sir Abbas Effendi should have improvised and incorporated such an important scheme in his Will and Testament at the eleventh hour. Throughout his ling years of tenure of office he had created the impression that after him Bahai affairs were to devolve on, and vest in, the House of Justice as conceived by Baha. By this scheme Sir Abbas Effendi sprang a surprise on his followers and it came as a shock even to his familiars.

Two Houses of Houses of Justice are envisaged under Sir Abbas Effendi’s Will: One particular or specific House of Justice, referred to in the text as “Hususi”, and rendered in the excerpts as the “secondary”. The Hususi House of Justice is peculiar to a country or countries where the loved ones are to be found. Members of the Hususi House of Justice are elected by the believers by holding a general election; and the other, the general House of Justice, referred to in the text as the “Umumi”, and rendered in the excerpts as the “Universal” or “International.” Members of the Umumi House of Justice are elected by the Hususi Houses of Justice.
Shoghi Effendi was to be the sacred head, and distinguished member for life of the Umumi House of Justice, and the same prerogative were to be extended to the succeeding guardian of the cause of god from his lineal descendants, had he not died without issue.

The Umumi House of Justice is the complement authority to which all things must be referred. It is empowered to enact all the laws and regulations for which no quotable authority exists in the divine texts. All the difficult problems are to be resolved by the Umumi House of Justice (supra), unto the Most Holy Book [i.e. the Aqdas] every one must turn and any matter for which there is no provision is referable to the Umumi House of Justice (supra).

The Umumi House of Justice debates and decides on, any matter at issue, or ambiguous matters, or matters for which no provision has been made. The Umumi House of Justice enacts or repeals law on civil obligations, for which no quotable authority exists, having regard to the exigencies of the time (supra). Whatever the Umumi House of Justice decides is of god, whatever the Umumi House of Justice decides is verily the truth and the purpose of god himself , whatever is decided by the Umumi House of Justice is verily like unto the text of the laws.
There loosely drafted provisions boil down to this: Subject to the divine texts and to the Most Holy Book, the Umumi House of Justice is empowered to enact and repeal any law for which no quotable or authority exist. The Most Holly Book is presumed to be available to which access may be hard.

Before proceeding to examine Sir Abbas Effendi’s provisions, it is to be noted that the science of Muhammadan jurisprudence consists of a knowledge of the precepts of the divine legislator in their relation to human affairs. The questions of Muhammadan jurisprudence either concern the next world, being known as rules relating to worship (Ibadat), or to this world, being divided into sections dealing with domestic affairs (Munakahat), civil obligations or civil laws (Mukamalat) and punishments (Uzubat).

As for the “divine text,” the law thereto is found in Shoghi Effendi’s definition of the “believer :”, “Full recognition of the station of the forerunner (the Primal Point, the author (Baha), Abdul Baha [i.e. Sir Abbas Effendi] the true exemplar of the Bahai cause, unreserved acceptance of, and admission to, whatsoever has been revealed by their pen; loyal and steadfast to every clause of Abdul Baha’s sacred Will.”, the Bahai World 1926-1928, Vol. II. P.78.

This definition is Shoghi Effendi as the sign of god and the expounder of the words of god (see Abbas Effendi's vision for Shoghi Effendi) is the article of faith of a true believer. This article of faith has been adopted by the National Spiritual Assembly of the Bahais of the United States and Canada in their declaration of Trust, as laws articles II cc), P.93, the Bahai World, ibid.
Thus the divine “texts” include whatsoever has been revealed by the Primal Point, Baha & Sir Abbas Effendi, there subject to whatsoever has been revealed by these three, the Umumi House of Justice is empowered to legislate the matters for which no quotable authority exists.
On the one hand Shoghi Effendi insists on the unreserved acceptance of, and submission to, whatsoever has been revealed by the Primal Point, and on the other hand, in his Epilogue to the Dawn Breakers, Nabil’s Narrative, American edition, P.655, he says:
“The body of the BÂB’s voluminous writings suffered for the most part, a fate no less humiliating than that which had befallen his disciples. Many of his copious works were utterly obliterated, others were torn and rendered to ashes, a few were corrupted, much was seized by the enemy, and the rest lay a mess of disorganised and undeciphered manuscripts, precautiously hidden and widely scattered among the survivors of his companions.”

“The manuscript copy of the Persian Bayan written by the hand of Sayyid Husayn, amanuensis of the BÂB” from which Shoghi Effendi quotes in the Dawn-Breakers, Nabil’s Narrative, P.61, footnote 1, was salvaged out of the wreckage and is now kept in the Bahai international archives building on Mt. Carmel, Haifa, in the Holy Land (Shoghi Effendi’s God Passes By, P.344).

The Point’s laws and ordinances are codified in the Persian Bayan. For reasons not far to seek Baha had strictly forbidden his followers to read the Persian Bayan. Sir Abbas Effendi had maintained this inhibition during his term of office.
As the guardian of the Cause of god, the sign of god, and expounder of the words of god, Shoghi Effendi overruled Baha and Sir Abbas Effendi.
Shoghi Effendi not only reinstated the Bayan but made it the touchstone of the faith of a believer, who has had no access to Baha’s Most Holly Book, the Aqdas. I have pointed out this fact because foremost among Sir Abbas Effendi’s principals is the “independent investigation of truth”.

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