The Baha'i Studies Listserv
On 24 Nov 2010 at 13:36, Stephen Gray wrote:

> The crime of adultery/fornication being liable to be fined is one of
> the examples of social conservatism. 

This is not a court penalty for a criminal act, it has more in common 
with confession for a Catholic, and it is connected to repentence and 
forgiveness. It is paid to the House of Justice, which has no power 
to force anyone to pay them anything. The text (K49) says

+++++++++
God hath imposed a fine (diyata = blood money) on every adulterer and
adulteress, to be paid (musallamatan = to be surrenedered) to the 
House of Justice: nine mithqals of gold, to be doubled if they should 
repeat the offence. Such is the penalty which He Who is the
Lord of Names hath assigned them in this world; and in
the world to come He hath ordained for them a
humiliating torment. Should anyone be afflicted by a
sin, it behoveth him to repent thereof and return unto
his Lord. He, verily, granteth forgiveness unto
whomsoever He willeth, and none may question that
which it pleaseth Him to ordain. 
++++++++

The word for adultery here includes rape, which is a criminal 
offence. Obviously a small fine is not adequate, either as a criminal 
penalty or as a protection of society, for offences such as rape, or 
for the sexual abuse of children. Such crimes affect security, and 
the punishments and preventatives for them are therefore in the hands 
of the state authorities:

----------
"The instruments which are essential to the immediate protection, the 
security and assurance of the human race have been entrusted to the 
hands, and lie in the grasp, of the governors of human society. This 
is the wish of God and His decree."
        (Gleanings from the Writings of Baha'u'llah, p. 206)
----------


> Prohibtion is not socially liberal. All prohibitionists I know from the
> Internet are far right ultra conservatives. 

If you mean, the prohibition on drinking alcohol, this is a voluntary 
discipline undertaken by Bahais, as part of their identity and life 
as Bahais. Personally, I support state licencing and control for both 
alcohol and marijuana. I don't use either myself, but controlled 
availability of these substances seems to be the best solution for 
society in its present condition. 


> Some liberals even consider the death penalty itself to be illiberal.

Abdu'l-Baha leaned that way too. In an authenticated talk to Temple 
Emmanual (Star of the West, Vol. 3, No. 13, p. 3) on October 12, 
1912, he is reported to have said:
 
+++++++++++
In the Taurat there are ten commandments concerning the murderer. Is 
it possible to carry these out? Can these ten ordinances, concerning 
the treatment of murderers, be enforced? 

        Modern times are such that even the question of capital punishment - 
- the one form which some nations have decided to enforce in relation 
to a murderer - - is a mooted question. Wise men are consulting as to 
its feasibility or otherwise. 

         So everything that is valid is only valid for the time being. The 
exigency of that time demanded that if a man committed theft to the 
extent of a dollar they would chop off his hand, but now you cannot 
cut off a man's hand for a thousand dollars. You cannot do it; it is 
impossible. This is true, for it was useful for that time, but things 
are useful in accordance with the exigencies of the time.  Time 
changes, and when time changes the laws have to change. But remember, 
these are not of importance; they are the accidentals of religion. 
The essentials which are spiritual in character, which have to do 
with morality, which have to do with the ethical development of man, 
which have to do with the faith of man - -  they are ideal; they are 
necessary and permanent; they are one foundation, and they are not 
subject to change or transformation. 
++++++++

and in a tablet that is authentic, he writes:

----------
In brief, the foundation of this most great dispensation has been 
designed in such a way that its laws can remain appropriate to and 
consonant with all ages and eras, unlike the bygone religious laws, 
whose implementation is unattainable and impossible today. For 
example, consider the laws of the Torah. Today, they definitely 
cannot be implemented, for they include ten capital offenses. 
Likewise, Islamic religious requires the amputation of a hand for the 
theft of ten dirhams. Is it possible to enforce such a law today? No, 
by God! But this [Bahai] holy, divine, law of God is appropriate to 
all hours, times and ages. 
(My translation, see http://wp.me/pcgF5-1xf )
-------- 

What makes it appropriate, is that the part that relates to social 
life is treated as non-essential, and can be changed

Sen

----------------------------------------------------------------------
--
Sen McGlinn       http://senmcglinn.wordpress.com 

All is to be yielded up, save only the *remembrance* of God; 
       all is to be dispraised, except His praise. 
Today, to this melody of the Company on high, 
                       the world will leap and dance: 
      `Glory be to my Lord, the All-Glorious!' 

             (Selections from the Writings of `Abdu'l-Baha, p. 93) 
----------------------------------------------------------------------
-- 


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