1. Taherzadeh, Adib, The Covenant of Bahá’u’lláh 143–144 (George Ronald 1992)Google Scholar (including a fall translation of Bahá’u’lláh's will in English). See also Bahá’u’lláh, , Bahá’i World Faith 204–210 (2d ed., Bahá’í Publg. Trust 1956)Google Scholar.

2. See God Passes By ch. 14-21 (Bahá’í Publg. Trust 1974) for details on ‘Abdu’l-Bahá's life.

3. Bahá’u’lláh, , The Kitdb-i-Aqdas 29 (Universal House Just. 1992)Google Scholar.

4. Id. at 35.

5. Bahá’u’lláh, Bahá’í World Faith, supra n. 1, at 204-207.

6. ‘Abdu’l-Bahá, , Will and Testament of ‘Abdu’l-Bahá (Bahá’í Publg. Trust 1971)Google Scholar.

7. Effendi, Shoghi, The World Order of Bahá’u’lláh 9, 19, 143–157 (2d rev. ed., Bahá’í Publg. Trust 1974)Google Scholar.

8. The Universal House of Justice currently comprises nine members elected for a five-year term. In accordance with Bahá’í electoral principles, there are no political parties or campaigns. The members of the Universal House of Justice are elected by the members of the National Bahá’í elected institutions, which are currently called National Spiritual Assemblies. See Abizadeh, Arash, Democratic Elections Without Campaigns? Normative Bahá ’í Foundations of National Bahá’í Elections, 37 World Order 7–49 (2005) (available at http://profs-polisci.mcgill.ca/abizadeh/Bahai-Elections.pdf)Google Scholar (discussing Bahá’í elections).

9. The writings of Bahá’u’lláh are considered by Bahá’ís to be revealed by God. The writings of ‘Abdu’l-Bahá and Shoghi Effendi are considered authoritative interpretations of Bahá’u’lláh's revelation. The Universal House of Justice was not invested by Bahá’u’lláh with interpretative authority. However, its statements on certain matters are considered infallible and embody the highest Bahá’í institutional authority. For the purposes of this article, the writings of Bahá’u’lláh, ‘Abdu’l-Bahá, Shoghi Effendi, and the Universal House of Justice are collectively considered to constitute the primary Bahá’í literature.

10. Such terms appear in the writings of Shoghi Effendi, which include writings on his behalf. See infra text accompanying nn. 89-94 (giving quotes of such statements).

11. Ltr. from the Universal House of Justice to anonymous (Apr. 18, 2001) (on file with author).

12. Bahá’u’lláh, , Tablets of Bahá’u’lláh: Revealed After the Kitáb-i-Aqdas 129 (Taherzadeh, Habib trans., W. & J. Mackay 1978)Google Scholar.

13. Bahá’u’lláh, , Gleanings from the Writings of Bahá’u’lláh 241 (Bahá’í Publg. Trust 1971)Google Scholar.

14. The term “church and state” increasingly appears in secondary literature in reference to the Bahá’í Faith. It is a problematic term for a range of reasons, including the fact that there exists no priestly class, power, or function in the Bahá’í Faith, and it adopts a Christian frame of reference. In this article, the phrase “church and state” is used for symmetry with the secondary literature on which the article comments. The reader will note, however, that “church and state” is used interchangeably with references to religious and civil institutions.

15. John A. Robarts, A Few Reminiscences about Shoghi Effendi Taken from Pilgrim Notes of January 1955, from the Canadian National Spiritual Assembly Film Retrospective, and from Some Other Words of the Beloved Guardian, in The Vision of Shoghi Effendi 174 (Assn. Bahá’í Stud. 1993). This description is what is called a “Pilgrim Note,” meaning a statement recorded by an individual on pilgrimage of a conversation or utterance of Shoghi Effendi. Pilgrim notes are not considered authoritative, and their use is not widely encouraged in the Bahá’í community.

16. Latimer, George, The Social Teachings of the Bahai Movement, 7 Star of the West 139 (1916)Google Scholar. It should be noted Latimer's discussion is not entirely clear as to whether he foresees the Bahá’í institutions as having judicial, legislative, and executive powers, or only judicial and legislative ones. See infra n. 18 and accompanying text (discussing a perspective that limited this power to the judicial and legislative sphere).

17. John A. Robarts, supra n. 15, at 173–174. It should be noted that the idea of evolutionary stages does appear in a number of places in Bahá’í primary literature, and in particular, the writings of Shoghi Effendi.

18. See e.g. Ransom-Kehler, Keith, A World at Peace: Bahá’i Administration as Presented to a Group of Free Thinkers, 24 The Bahá’í Magazine 216 (1933)Google Scholar (stating that the “International House of Justice has only a legislative function; it alone can enact those universal laws that apply to all mankind” and that “[a]ny nation refusing to submit to its commands must be immediately suppressed by a combination of all other nations”).

19. Juan Cole has argued that Bahá’u’lláh and ‘Abdu’l-Bahá “surely were among the first major religious figures in the region” to “embrace … the principle of the separation of religion and state.” Cole, Juan R.I., Modernity and the Millennium: The Genesis of the Bahá’í Faith in the Nineteenth Century 46 (Colum. U. Press 1998)Google Scholar.

20. Id. at 191.

21. Sen McGlinn, , A Theology of the State from the Baha’i Teachings, 41 J. Church & St. 697–724 (1999)CrossRefGoogle Scholar. In 2005, McGlinn, self-published his master's thesis Church and State: A Postmodern Political Theology Book One (self-published 2005)Google Scholar, which includes many of the conclusions reached in the 1999 article. Unless otherwise indicated, the citations in this article are taken from the 1999 article.

22. Id. at 708.

23. Id. at 709.

24. See Gollmer, Ulrich, Schaefer, Udo & Towfigh, Nicola, Making the Crooked Straight: A Contribution to Bahá’i Apologetics (Schuckelt, Geraldine trans., George Ronald 2000) (English)Google Scholar.

25. Ficicchia, Francesco, Religion der Zukunft? Geschichte, Lehre und Organisation in kritischer Anfrage (Evangelische Zentralstelle für Weltanschauungsfragen) (Protestant Ctre. Phil. Questions, Stuttgart 1981) (German)Google Scholar.

26. Schaefer et al., supra n. 24, at 423 (emphasis omitted).

27. Id. at 425-427.

28. Id. at 439.

29. Id.

30. Schaefer, in a footnote, comments as follows:

Ficicchia, who evidently does not understand my thesis, then refers to another passage of my thesis, in which I present the theocratic structural elements of the order of the Bahá’í community: “Hence, the administrative order is theocratic in character: God himself governs his people—not through a Delphic Oracle but through a revealed Book and through legal institutions that have been granted the charisma of infallibility.” Id. at 191.

31. The authors of Making the Crooked Straight did not clearly advocate a particular form or address the question of institutional forms.

32. See Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Harv. U. Press 1983)Google Scholar (discussing the evolution of the relationship between law and religion in Europe, including an excellent discussion of the Papal Revolution).

33. Bahá’u’lláh, Kitáb-i-Aqdas, supra n. 3, at 49.

34. Id.

35. Bahá’u’lláh, Gleanings, supra n. 13, at 241.

36. Bahá’u’lláh, Kitáb-i-Aqdas, supra n. 3, at 19.

37. The concept of the Manifestation of God is at the core of Bahá’í prophetology and central to understanding the Bahá’í concept of the relation between the Divine and human beings. See Cole, Juan R.I., The Concept of the Manifestation in the Bahá’í Writings, 9 Bahá’í Stud. 1 (1982)Google Scholar (discussing the Bahá’í concept of Manifestation).

38. McGlinn, A Theology, supra n. 21, at 701.

39. Id. at 702.

40. See Buck, Christopher, Symbol and Secret: Qur'án Commentary in Bahá’u’lláh's Kitáb-i Íqán (Kalimát Press 1995)Google Scholar (giving a detailed commentary on aspects of the Kitáb-i-Íqán).

41. There are a number of works written on the life of the Báb and the rise of his religious movement. See Amanat, Abbas, Resurrection and Renewal: The Making of the Babi Movement in Iran, 1844-1850 (Cornell U. Press 1989)Google Scholar; Balyuzi, Hasan M., The Báb, Herald of the Day of Days (George Ronald 1973)Google Scholar; ‘Abdu’l-Bahá, , A Traveller's Narrative Written to Illustrate the Episode of the Báb (Browne, E.G. trans., Kalimát Press 2004)Google Scholar.

42. The Báb's writings frequently refer to “He Whom God Shall Make Manifest,” a reference to a Manifestation of God to come after the Báb.

43. Bahá’u’lláh, , The Kitáb-i-íqán: The Book of Certitude 3 (2d ed., Bahá’í Publg. Trast 1950)Google Scholar.

44. Id. at 97.

45. McGlinn, A Theology, supra n. 21, at 701.

46. Bahá’u’lláh, Gleanings, supra n. 13, at 60-66.

47. Bahá’u’lláh, Kitáb-i-Aqdas, supra n. 3, at 19.

48. Saiedi, Nader, Logos and Civilization: Spirit, History, and Order in the Writings of Bahá’u’lláh 144-145, 154 (U. Press Md. 2000)Google Scholar.

49. Bahá’u’lláh, Kitáb-i-Íqán, supra n. 43, at 50-56.

50. Id. at 123-124.

51. McGlinn, A Theology, supra n. 21, at 702.

52. Bahá’u’lláh, Kitáb-i-Íqán, supra n. 43, at 107 (emphasis added).

53. Id. at 97.

54. Id. at 106.

55. Id. at 104.

56. Saiedi, Logos, supra n. 48, at 133.

57. Id. at 157.

58. Schaefer et al., supra n. 24, at 592-593.

59. Id. at 701.

60. Bahá’u’lláh, Kitáb-i-A?das, supra n. 3, at 77.

61. Bahá’u’lláh, Kitáb-i-Íqán, supra n. 43, at 110.

62. Id. at 110-111.

63. ‘Abdu’l-Bahá, , The Secret of Divine Civilization 71–72 (Gail, Marzieh trans., Bahá’í Publg. Trust 1957)Google Scholar.

64. Id. at 73.

65. Ltr. from the Universal House of Justice, supra n. 11.

66. Bahá’u’lláh, Kitáb-i-Aqdas, supra n. 3, at 91.

67. The original words of this phrase are “umúr-i-siyásiyyih kull rájí ast bih bayt-i- ‘adl.”

68. Cole, Modernity, supra n. 19, at 96-97.

69. Id.

70. In this period, the Sunni Islamic jurists intensified their attention to the public and constitutional realm. While usúl al-fiqh (the sources and science of law as developed by the ulama) spoke volumes about private law, it had less to say on public power and authority until scholars such as al-Máwardí (972-1058) set out to reflect on public law and power and incorporate it into the realm fiqh as developed by the ulama. Therefore, we see the emergence of the use of the term siyása, combined with sharí’áh, to indicate the extension of sharí’áh and fiqh into the political (e.g., siyásá) realm.

71. See Coulson, Noel J., A History of Islamic Law (Edinburgh U. Press 1964)Google Scholar (giving a classical introduction to the history and evolution of Islamic law, including a good discussion of the terminology and themes mentioned in this article).

72. Bahá’u’lláh, Tablets, supra n. 12, at 128-129.

73. Because the Universal House of Justice is specifically empowered to legislate general laws, it is distinguished from institutions in classical Islamic legal theory.

74. Bahá’u’lláh, Tablets, supra n. 12.

75. Coulson, supra n. 71.

76. Id.

77. Vogel, Frank, Islamic Law and Legal System: Studies of Saudi Arabia 26 (Brill 2000)Google Scholar.

78. Coulson, supra n. 71.

79. Bahá’u’lláh, The Kitáb-i-Aqdas, supra n. 3, at 4-5 (quoting “Abdu’l-Bahá in the Introduction). Bahá’u’lláh made it explicit that the laws he described in his writings cannot be repealed or altered by the Universal House of Justice. They can only be altered by a future Manifestation of God. These laws number approximately 95. As a general principle, however, these laws require an act of implementation by the Universal House of Justice to become operative.

80. ‘Abdu’l-Bahá, Will, supra n. 6, at 14.

81. Id. at 19.

82. Id. at 20.

83. Id. at 14-15.

84. Id. at 20.

85. See Udo Schaefer, Infallible Institutions?, 9 Bahá’í Stud. Rev. 17-45 (1999/2000) (available at http://bahai-library.org/bsr/bsr09/9Bl_schaefer_infallibility.htm) (discussing the infallibility in the Bahá’í Faith).

86. Id.

87. For example, William S. Hatcher has argued for a broader scope of the infallibility of the Universal House of Justice, than, for example, Schaefer does. See William S. Hatcher, Reflections on Infallibility (J. Bahá’í Stud, forthcoming).

88. See e.g. supra nn. 15-20 and accompanying text.

89. Ltr. from Universal House of Justice to anonymous (Apr. 27, 1995), http://bahai-library.com/uhj/theocracy.html (last accessed Sept. 17, 2008).

90. Id.

91. Id.

92. Id.

93. Shoghi Effendi, World Order, supra n. 7, at 6-7.

94. Shoghi Effendi, Messages to the Bahá’í World, 1950-1957, at 155 (Bahá’í Publg. Trast 1971).

95. Ltr. of the Universal House of Justice to all National Spiritual Assemblies (Apr. 7, 1999) (on file with author).

96. McGlinn, A Theology, supra n. 21, at 713.

97. Sen McGlinn, , Theocratic Assumptions in Bahá’í Literature, in Reason and Revelation: New Directions in Bahá’í Thought 39–802 (Fazel, Seena & Danesh, John eds., Kalimát Press 2002)Google Scholar.

98. Id. at 59-64.

99. Id.

100. Id.

101. See supra text accompanying nn. 10-14. A number of authors, including Cole and McGlinn, place reliance on ‘Abdu’l-Bahá's Risáliy-i-Siyásiyyih (Treatise on Politics) to support separationist readings of the primary literature. The Universal House of Justice responded to this interpretation of the treatise by stating that it does not represent a commentary on the appropriate relationship between Bahá’í and civil institutions:

You have referred also to a number of extracts from Risáliy-i-Siyásiyyih, in which ‘Abdu’l-Bahá describes the damaging effects of the interference of religious teachers in political affairs. The inapplicability of these passages to the future role of the democratically elected Houses of Justice is clarified by study of the Bahá’í Writings on the World Order of Bahá’u’lláh.

Ltr. from the Universal House of Justice, supra n. 11.

To date, there has not been an authorized translation of the Risáliy-i-Siyásiyyih. The Universal House of Justice has provided a translation of some excerpts. Id. A few scholars have produced their own translation of the Risáliy-i-Siyásiyyih. For example, Mcglirm provides his translation under the chosen title Sermon on the Art of Governance. McGlinn, Church and State, supra n. 21, at 379-401.

102. For example, Shoghi Effendi in describing the emergence of a world “Super-State,” refers to it in the context of a “Commonwealth of all the nations of the world” including “federated representatives” and “federated units.” Shoghi Effendi, World Order, supra n. 7, at 40-41.

103. Ltr. from the Universal House of Justice to the peoples of the world (Oct. 1985). This letter has been widely published as Universal House of Justice, The Promise of World Peace (Assn. Bahá’í Stud. 1985) (available at http://info.bahai.org/article-l-7-2-l.html).

104. May, Dann J., The Bahá’í Principle of Religious Unity and the Challenge of Radical Pluralism, (unpublished master's thesis in Interdisciplinary Studies, U. N. Tex. 1993), http://bahai-library.com/theses/religious.unity/ (last accessed Sept. 17, 2008)Google Scholar.

105. Shoghi Effendi, World Order, supra n. 7, at 202.

106. ‘Abdu’l-Bahá, , The Promulgation of Universal Peace 24 (2d ed., Bahá’í Pubig, Trast 1982)Google Scholar.

107. Ltr. from the Universal House of Justice to anonymous (Apr. 19, 2001) (on file with author) (quoting ‘Abdu’l-Bahá).

108. Bahá’u’lláh, , The Seven Valleys and the Four Valleys 18 (Bahá’í Publg. Trust 1952)Google Scholar.

109. The emphasis on human response and choice was seen in a number of instances in Bahá’u’lláh's lifetime. For example, Bahá’u’lláh drew a connection between the lack of response of the world's kings and rulers to letters that Bahá’u’lláh addressed them, and humanity's pathway towards world peace. Specifically, the lack of response was a loss of the opportunity to emerge to a new pattern of civilization—a “Most Great Peace”—in the foreseeable future. Bahá’u’lláh writes that “[n]ow that ye have refused the Most Great Peace, hold ye fast unto this, the Lesser Peace, that haply ye may in some degree better your own condition and that of your dependants.” Ltr. of the Universal House of Justice, supra n. 107.

110. Saiedi, Logos, supra n. 48, at 62-66, 322-324.

111. Id. at 243-244.

112. Danesh, Roshan, The Politics of Delay—Social Meanings and the Historical Treatment of Bahá’í Law, 35 World Order 33 (2004)Google Scholar.

113. Bahá’u’lláh, Kitáb-i-Aqdas, supra n. 3, at 6.

114. For example, Shoghi Effendi writes:

We should—every one of us—remain aloof, in heart and in mind, in words and in deeds, from the political affairs and disputes of the Nations and of Governments. We should keep ourselves away from such thoughts. We should have no political connection with any of the parties and should join no faction of these different and warring sects. “Absolute impartiality in the matter of political parties should be shown by words and by deeds, and the love of the whole humanity, whether a Government or a nation, which is the basic teaching of Bahá’u’lláh, should also be shown by words and by deeds … According to the exhortations of the Supreme Pen and the confirmatory explanations of the Covenant of God Bahá’ís are in no way allowed to enter into political affairs under any pretense of excuse; since such an action brings about disastrous results and ends in hurting the Cause of God and its intimate friends.”

Directives of the Guardian 56-57 (Bahá’í Publg. Trast 1973) (available at http://www.bahai-library.com/writings/shoghieffendi/dg/index.html).

115. See supra text accompanying n. 13 (concerning Bahá’u’lláh's focus on “hearts”).

116. Saiedi discusses at some length Bahá’u’lláh’s rejection of coercion in public and social life. See Saiedi, Logos, supra n. 48, at 362-370.

117. Shoghi Effendi, World Order, supra n. 7, at 152.

118. Nader Saiedi, An Introduction to ‘Abdu’l-Bahá's The Secret of Divine Civilization, Converging Realities § 1.1 (Landegg Academy 2000) (available at http://bahai-library.com/file.php5?file=saiedi_introduction_sdc&language=).

119. ‘Abdu’l-Bahá, Divine Civilization, supra n. 63, at 5-13.

120. Id.

121. Id. at 13-18.

122. This is seen in how, for example, ‘Abdu’l-Bahá emphasizes the centrality of mass education, democratization, and the end of imitation as keys to social change.

123. “Mirrors for Princes” refers to the tradition of writing practical guides giving advice and instructions for rulers on their conduct.

124. ’Abdu’l-Bahá, Divine Civilization, supra n. 63, at 17-25.

125. Id.

126. Id. at 17.

127. Id. at 18.

128. Id.

129. Id. at 19.

130. Id. at 23.

131. For example, ‘Abdu’l-Bahá states that “if religion becomes the source of antagonism and strife, the absence of religion is to be preferred. Religion is meant to be the quickening life of the body politic; if it be the cause of death to humanity, its nonexistence would be a blessing and benefit to man.” ‘Abdu’l-Bahá, , Foundations of World Unity 22 (Bahá’í Publg. Trust 1979)Google Scholar.

132. I am using this term narrowly and cautiously. I am not implying the adoption or incorporation of any particular strand of so-called postmodernist philosophy or thought. Rather, I am simply referring to the fact that certain points of emphasis in ‘Abdu’l-Bahá's argument are not ones that were stressed by modernity but rather are ones that have been stressed in political debate in response to and looking back on modernism.

133. Browne, E.G., Selections from the Writings of E.G. Browne on the Bábí and Bahá’í Religions 430 (Momen, Moojan ed., George Ronald 1987)Google Scholar (translating a portion of a tablet of ‘Abdu’l-Bahá to Muhammad ‘Alí Khán).

134. Id.

135. For example, the Universal House of Justice, in explaining the Bahá’í avoidance of politics states “the aim of the Bahá’ís is to reconcile viewpoints, to heal divisions, and to bring about tolerance and mutual respect among men, and this aim is undermined if we allow ourselves to be swept along by the ephemeral passions of others.” Ltr. of the Universal House of Justice to anonymous (Jan. 12, 2003) (on file with author).

136. See Balyuzi, Hasan M., ‘Abdu’l-Bahá 171–339 (Ronald, George 1971)Google Scholar (discussing ‘Abdu’l-Bahá's journey to Europe and North America).

137. See Shoghi Effendi, World Order, supra n. 7 (discussing his approach to developing the Bahá’í administrative order).

138. This has been an issue of discussion at certain periods within Bahá’í history and among academics. A few have suggested that the move to institutionalization, in particular under Shoghi Effendi, was a co-optation of an original vision that was more diffuse, informal, and open. This was seen most directly after ‘Abdu’l-Bahá's passing, when a very few Bahá’ís questioned the authenticity of his Will and Testament, the establishment of the Guardianship, and the move towards institutionalization that took place. There is historical and textual evidence, however, which illustrates that Bahá’u’lláh intended for some degree of institutionalization. For example, as discussed earlier, Bahá’u’lláh specifically contemplated the creation of “houses of justice.”

139. Theocracy literally means rale of God. Such rule is to be distinguished, for example, from a hierocracy, which means rule by clerics. In common and contemporary usage, however, theocracy has come to typically mean rule by religious entities and is conceived of as implying a necessary contradiction to democracy. This implied contradiction is rooted in the idea, for example, that it is inherently undemocratic for the members of one religious community to have all political power in contexts of diversity. Given the strong commitment to democracy and the removal of the sword in the Bahá’í Faith, one would expect different social meanings to be associated with the term “theocracy” as used in the Bahá’í context-definitions that may require more consideration of the literal meanings of the term. Similar arguments could be made concerning the term “Bahá’í state,” which, for example, might be understood as not necessarily implying institutional integration, but harmony among the principles guiding the conduct and objectives of political and religious institutions.

140. Ltr. of the Universal House of Justice, supra n. 89.

141. Id.

142. Id.

143. Id.

144. A question with respect to this particular letter on theocracy concerns how the term “political” is defined and used. The Universal House of Justice states that the Bahá’í Faith is political in the sense of “the science of government and of the organization of human society.” Ltr. of the Universal House of Justice, supra n. 89. At the same time, it states that the Bahá’í Faith “denies being a ‘political’ organization,” and Bahá’ís are not to be involved in “‘political’ matters.” Id. It would be helpful to know precisely what distinguishes the first and second uses of the term. If building the Kingdom of God is political, presumably it includes allowance for certain types of political action-action that fits with the Bahá’í vision of how that Kingdom is to happen.

145. Id.

146. Id.

147. Id.

148. Id.