Title: Re: Precedent
At 5:27 PM -0700 10/28/06, Tim Nolan wrote:
 
>there is no such thing as 'precedent' in Baha`i jurisprudence<
 
I have heard this many times but I have never seen it in the authoritative writings.
Can you give a reference?
 


"In considering matters of this sort the beloved Guardian has instructed that each case must be considered on its own merits, and that a decision in one case is not to act as precedent in another. Hence, in this case, if your Assembly determines that Mr. . . . and Miss . . . did not clearly understand that Bahá'í law requiring consent of parents applies to civil as well as Bahá'í marriage, you could decide not to impose sanctions. On the other hand, if it should be found that Bahá'í law was known and clearly understood and that the violation was deliberate, a different decision would be indicated."
        "Letter from the Universal House of Justice, dated September 9, 1963,
        to a National Spiritual Assembly;
        published in Developing Distinctive Baha'i Communities)


     "...it is establishing a dangerous precedent to allow Assemblies to put a
time limit on non-attendance of their members at meetings of the Spiritual Assembly beyond which that person is automatically dropped from the Assembly and a vacancy declared...  There should be no time limit fixed by Assemblies beyond which a person is dropped.  Every case of prolonged absence from the sessions of the Assembly should be considered separately by that Assembly, and if the person is seen to not want to attend meetings, or to be held away from them indefinitely because of illness or travel, then a vacancy could legitimately be declared and a new member be elected."
          (From a letter written on behalf of Shoghi Effendi to an individual
          believer:  Baha'i News, No. 208, June 1948)
 
Don C

-- 

-.-.-.-.-
He who believes himself spiritual proves he is not.

 
 
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