Restricting of Access to Baha’s Shrine
10. Restricting of Access to Baha’s Shrine
Mirza Muhammad Ali and his family were denied access to Baha’s Shrine. The incident was provoked by Shoghi Effendi. In a bid to assert his authority he instructed the care-taker to deny access to Baha's tomb-shrine. The care-taker carried out his instructions. This was a breach of the status quo. Under Moslem ecclesiastical law, applicable to the Bahais as well, a son is the legal custodian of his father's shrine and excludes a great grandson. Sir Abbas Effendi's custodianship lapsed on his death, and to the operation of the law, it passed to Mirza Muhammad Ali, successor in-office, under the terms of Baha's Will and Testament.
In the face of the provocative act the care-taker was relieved of the keys, which were handed over to them rightful and legal custodian Mirza Muhammad Ali, who was entitled in laws to keep them in his own right. And neither the American Bahai nor the High Commission could disposes Mirza Muhammad Ali of his custodianship. One the one hand, Shoghi Effendi could not plead his case in court of law, on the strength of Sir Abbas Effendi's Will and Testament, for which no probate was forthcoming. He had no legal standing. Furthermore Sir Abbas Effendi's Will and Testament was ultra vires of Baha's Will and Testament. On the other hand, Mirza Muhammad Ali was not favourably disposed to initiate proceeding for discovery, and drag in Baha's Will and Testament, indicative of his pretensions to divinity, with unpalatable consequences to best parties. Mirza Muhammad Ali was out to put Shoghi Effendi in his place, and to restore the status quo. He sat on the keys and bided his time.
Shoghi Effendi had had to take the initiative. He approached the district Commissioner of Haifa for administrative action. The latter delegated his Arab assistant, who was on friendly terms with the parties to the dispute, to try and settle out of court. He negotiated with the parties and reached an amicable settlement, whereunder the status quo was released, enabling Mirza Muhammad Ali and his partisans to have free access to Baha's tomb without lat or hindrance, and the keys were returned to Shoghi Effendi, thus the matter was closed.
In 1952 Shoghi Effendi violated the status quo. Mrs Qamar Musa Bahai (daughter of Mirza Badiullah), a grand daughter of Baha in the male line proceeded to Acre to visit her grand father Baha's tomb-shrine, accompanied by a friend. They were denied access by Shoghi Effendi's care-taker, who was very rude to them. Mrs Bahai brought an action in the Israeli district Court, Haifa against Shoghi Effendi, great grandson of Baha to show cause why she was denied access to her grandfather's tomb-shrine.
Mrs. Bahai appeared in court in person, accompanied by her counsel. Shoghi Effendi did not put in an appearance. He was represented by his counsel and two American Bahais.
Proceedings took some time. The president of the court tried to settle the matter amicably. He received Mrs Bahai in his chamber and enquired from her whether she was willing to meet Shoghi Effendi for an amicable settlement. She replied in the affirmative. The president then returned to the courtroom and announced that Mrs Bahai was ready to meet Shoghi Effendi in person to settle the matter. The president turned towards Shoghi Effendi counsel for a reply. The two American Bahais stood up and rejected outright the president's suggestion. The president was stunned and the case was adjourned.
In the meantime Shoghi Effendi involved the provisions of the Palestine (Holy Places) Order-in-Council 1924 which provides that no cause or matter in connection with the holy places or religious buildings or sites in Palestine … shall be heard or determined by any court in Palestine without prior reference to the High Commissioner. The case was remitted to the minister for Religious Affairs in the Israeli government, who called in the parties separately, and worked out an amicable settlement granting free access to members of Baha's family to Baha's tomb-shrine without lat or hindrance, to which both parties subscribed. The status quo was thus restored.
Late Sayyid Nayyir Ali Afnan was Shoghi Effendi's brother-in-law, married to his sister Ruh-Angez. According to Shoghi Effendi he was due to appear as a witness for Mrs Bahai. Shoghi Effendi announced his oblatory in a telegram in the following terms:-
"Inform national assemblies that God's avenging wrath has now struck down Sayyid Nayyir Ali Afnan pivot of machination, connecting link between old and new covenant-breakers. Time alone will reveal extent of havoc wrenched by this virus of violation injected, fostered. Over two decades in Abdul Baha's family …He first succeeded in winning over through marriage my eldest sister, subsequently he paved way for marriage of his brothers to two other grandchildren of the master, thereby involving in shameful marriages three branches of His family. He was lately scheduled to appear as star witness beheld of daughter of Badiullah in recent lawsuit challenging the authority conferred upon guardian of the faith in Abdul-Baha's testament. Shoghi Effendi - Haifa, Israel, 5 - April, 1952." -
Bahai News, Bahais of the United States, Bahai year 109, No. 256
Late Sayyid Nayyir Ali Afnan was Baha's grandson in the female line (son of Forughieh, Baha's daughter from his marriage with his third wife).