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that no religion will succeed His religion, that no law will abrogate His law, that the Qur'án is the last of the Books of God and His last Revelation to His Prophets and His Messengers ... he shall be accepted and shall be entitled to renew his marriage contract..."
This declaration of portentous significance, which was supported by incontrovertible proofs adduced by the avowed enemies of the Faith of Bahá'u'lláh themselves, which was made in a country that aspires to the headship of Islám through the restoration of the Caliphate, and which has received the sanction of the highest ecclesiastical authorities in that country, this official testimony which the leaders of Shí'ah Islám, in both Persia and Iraq, have, through a century, sedulously avoided voicing, and which, once and for all, silences those detractors, including Christian ecclesiastics in the West, who have in the past stigmatized that Faith as a cult, as a Bábí sect and as an offshoot of Islám or represented it as a synthesis of religions-- such a declaration was acclaimed by all Bahá'í communities in the East and in the West as the first Charter of the emancipation of the Cause of Bahá'u'lláh from the fetters of Islámic orthodoxy, the first historic step taken, not by its adherents as might have been expected, but by its adversaries on the road leading to its ultimate and world-wide recognition.
Such a verdict, fraught with incalculable possibilities, was immediately recognized as a powerful challenge which the builders of the Administrative Order of the Faith of Bahá'u'lláh were not slow to face and accept. It imposed upon them a sacred obligation which they felt ready to discharge. Designed by its authors to deprive their adversaries of access to Muslim courts, and thereby place them in a perplexing and embarrassing situation, it became a lever which the Egyptian Bahá'í community, followed later by its sister-communities, readily utilized for the purpose of asserting the independence of its Faith and of seeking for it the recognition of its government. Translated into several languages, circulated among Bahá'í communities in East and West, it gradually paved the way for the initiation of negotiations between the elected representatives of these communities and the civil authorities in Egypt, in the Holy Land, in Persia and even in the United States of America, for the purpose of securing the official recognition by these authorities of the Faith as an independent religion.
In Egypt it was the signal for the adoption of a series of measures which have in their cumulative effect greatly facilitated the extension of such a recognition by a government which is still formally associated with the religion of Islám, and which suffers its laws and regulations
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to be shaped in a great measure by the views and pronouncements of its ecclesiastical leaders. The inflexible determination of the Egyptian believers not to deviate a hair's breadth from the tenets of their Faith, by avoiding all dealings with any Muslim ecclesiastical court in that country and by refusing any ecclesiastical post which might be offered them; the codification and publication of the fundamental laws of the Kitáb-i-Aqdas regarding matters of personal status, such as marriage, divorce, inheritance and burial, and the presentation of these laws to the Egyptian Cabinet; the issuance of marriage and divorce certificates by the Egyptian National Spiritual Assembly; the assumption by that Assembly of all the duties and responsibilities connected with the conduct of Bahá'í marriages and divorces, as well as with the burial of the dead; the observance by all members of that community of the nine Holy Days on which work, as prescribed in the Bahá'í teachings, must be completely suspended; the presentation of a petition addressed by the national elected representatives of that community to the Egyptian Prime Minister, the Minister of the Interior and the Minister of Justice (supported by a similar communication addressed by the American National Spiritual Assembly to the Egyptian Government), enclosing a copy of the judgment of the Court, and of their national Bahá'í constitution and by-laws, requesting them to recognize their Assembly as a body qualified to exercise the functions of an independent court and empowered to apply, in all matters affecting their personal status, the laws and ordinances revealed by the Author of their Faith--these stand out as the initial consequences of a historic pronouncement that must eventually lead to the establishment of that Faith on a basis of absolute equality with its sister religions in that land.
A corollary to this epoch-making declaration, and a direct consequence of the intermittent disturbances instigated in Port Sa'íd and Ismá'ílíyyih by a fanatical populace in connection with the burial of some of the members of the Bahá'í community, was the official and no less remarkable fatvá (judgment) issued, at the request of the Ministry of Justice, by the Grand Muftí of Egypt. This, soon after its pronouncement, was published in the Egyptian press and contributed to fortify further the independent status of the Faith. It followed upon the riots which broke out with exceptional fury in Ismá'ílíyyih, when angry crowds surrounded the funeral cortege of Muhammad Sulaymán, a prominent Bahá'í resident of that town, creating such an uproar that the police had to intervene, and having rescued the body and brought it back to the home of the deceased, they were forced to
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carry it without escort, at night, to the edge of the desert and inter it in the wilderness.
This judgment was passed as a result of the inquiry addressed in writing, on January 24, 1939, by the Egyptian Ministry of the Interior to the Ministry of Justice, enclosing a copy of the compilation of Bahá'í laws related to matters of personal status published by the Egyptian Bahá'í National Spiritual Assembly, and asking for a pronouncement by the Muftí regarding the petition addressed by that Assembly to the Egyptian Government for the allocation of four plots to serve as cemeteries for the Bahá'í communities of Cairo, Alexandria, Port Sa'íd and Ismá'ílíyyih. "We are," wrote the Muftí in his reply of March 11, 1939, to the communication addressed to him by the Ministry of Justice, "in receipt of your letter ... dated February 21, 1939, with its enclosures ... inquiring whether or not it would be lawful to bury the Bahá'í dead in Muslim cemeteries. We hereby declare that this Community is not to be regarded as Muslim, as shown by the beliefs which it professes. The perusal of what they term `The Bahá'í Laws affecting Matters of Personal Status,' accompanying the papers, is deemed sufficient evidence. Whoever among its members had formerly been a Muslim has, by virtue of his belief in the pretensions of this community, renounced Islám, and is regarded as beyond its pale, and is subject to the laws governing apostasy as established in the right Faith of Islám. This community not being Muslim, it would be unlawful to bury its dead in Muslim cemeteries, be they originally Muslims or otherwise..."
It was in consequence of this final, this clearly-worded and authoritative sentence by the highest exponent of Islámic Law in Egypt, and after prolonged negotiations, resulting at first in the allocation to the Cairo Bahá'í community of a cemetery plot forming a part of that set aside for free thinkers, residing in that city, that the Egyptian government consented to grant to that community, as well as to the Bahá'ís of Ismá'ílíyyih, two tracts of land to serve as burial grounds for their dead--an act of historic significance which was greatly welcomed by the members of sore-pressed and long-suffering communities, and which has served to demonstrate still further the independent character of their Faith and enlarge the sphere of the jurisdiction of its representative institutions.
It was to the first of these two officially designated Bahá'í cemeteries, following the decision of the Egyptian Bahá'í National Assembly aided by its sister-Assembly in Persia, that the remains of the illustrious Mírzá Abu'l-Fadl were transferred and accorded
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a sepulture worthy of his high position, thereby inaugurating, in a befitting manner, the first official Bahá'í institution of its kind established in the East. This achievement was, soon after, enhanced by the exhumation from a Christian cemetery in Cairo of the body of that far-famed mother teacher of the West, Mrs. E. Getsinger, and its interment, through the assistance extended by the American Bahá'í National Assembly and the Department of State in Washington, in a spot in the heart of that cemetery and adjoining the resting-place of that distinguished author and champion of the Faith.
In the Holy Land, where a Bahá'í cemetery had, before these pronouncements, been established during `Abdu'l-Bahá's ministry, the historic decision to bury the Bahá'í dead facing the Qiblih in Akká was taken--a measure whose significance was heightened by the resolution to cease having recourse, as had been previously the case, to any Muhammadan court in all matters affecting marriage and divorce, and to carry out, in their entirety and without any concealment whatever, the rites prescribed by Bahá'u'lláh for the preparation and burial of the dead. This was soon after followed by the presentation of a formal petition addressed by the representatives of the local Bahá'í community of Haifa, dated May 4, 1929, to the Palestine Authorities, requesting them that, pending the adoption of a uniform civil law of personal status applicable to all residents of the country irrespective of their religious beliefs, the community be officially recognized by them and be granted "full powers to administer its own affairs now enjoyed by other religious communities in Palestine."
The acceptance of this petition--an act of tremendous significance and wholly unprecedented in the history of the Faith in any country-- according official recognition by the civil authorities to marriage certificates issued by the representatives of the local community, the validity of which the official representative of the Persian Government in Palestine has tacitly recognized, was followed by a series of decisions exempting from government tax all properties and institutions regarded by the Bahá'í community as holy sites, or dedicated to the Tombs of its Founders at its world center. Moreover, through these decisions, all articles serving as ornaments or furniture for the Bahá'í shrines were exempted from customs duties, and the branches of both the American and Indian Bahá'í National Spiritual Assemblies were enabled to function as "religious societies," in accordance with the laws of the country, and to hold and administer property as agents of these Assemblies.
In Persia, where a far larger community, already numerically
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superior to the Christian, the Jewish and the Zoroastrian minorities living in that country, had, notwithstanding the traditionally hostile attitude of the civil and ecclesiastical authorities, succeeded in rearing the structure of its administrative institutions, the reaction to so momentous a declaration was such as to inspire its members and induce them to exploit, in the fullest measure possible, the enormous advantages which this wholly unexpected testimonial had conferred upon them. Having survived the fiery ordeals to which the cruel, the arrogant and implacable leaders of an all-powerful priesthood, now grievously humiliated, had subjected it, a triumphant community, just emerging from obscurity, was determined, more than ever before, to press, within the limits prescribed for it by its Founders, its claim to be regarded as an independent religious entity, and to safeguard, by all available means, its integrity, the solidarity of its members and the solidity of its elective institutions. It could no longer, now that its declared adversaries had, in such a country, in such a language, and on so important an issue, made so emphatic and sweeping a pronouncement, and torn asunder the veil that had for so long been drawn over some of the distinguishing verities lying at the core of its doctrine, keep silent or tolerate without any protest the imposition of restrictions calculated to circumscribe its powers, stifle its community life and deny it its right to be placed on a footing of unqualified equality with other religious communities in that land.
Inflexibly resolved to be classified no longer as Muslim, Jew, Christian or Zoroastrian, the members of this community determined, as a first step, to adopt such measures as would vindicate beyond challenge the distinctive position claimed for their religion by its avowed enemies. Mindful of their clear, their sacred and inescapable duty to obey unreservedly, in all matters of a purely administrative character, the laws of their country, but firmly determined to assert and demonstrate, through every legitimate means at their disposal, the independent character of their Faith, they formulated a policy and embarked in undertakings designed to carry them a stage further towards the goal they had set themselves to attain.
The steadfast resolution not to dissemble their faith, whatever the sacrifices it might entail; the uncompromising position that they would not refer any matters affecting their personal status to any Muslim, Christian, Rabbinical or Zoroastrian court; the refusal to affiliate with any organization, or accept any ecclesiastical post associated with any of the recognized religions in their country; the universal observance of the laws prescribed in the Kitáb-i-Aqdas relating to obligatory
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