Arson
To burn to death (or life imprisonment) an intentional arsonist[edit]
"Should anyone intentionally destroy a house by fire, him also shall ye burn; should anyone deliberately take another's life, him also shall ye put to death. Take ye hold of the precepts of God with all your strength and power, and abandon the ways of the ignorant. Should ye condemn the arsonist and the murderer to life imprisonment, it would be permissible according to the provisions of the Book. He, verily, hath power to ordain whatsoever He pleaseth."
- (Bahá'u'lláh, Kitáb-i-Aqdas, par. 62)
Law of punishment is not out of revenge; penalty will vary according to situation[edit]
"The law of Bahá'u'lláh prescribes the death penalty for murder and arson, with the alternative of life imprisonment (see note 87).
In His Tablets 'Abdu'l-Bahá explains the difference between revenge and punishment. He affirms that individuals do not have the right to take revenge, that revenge is despised in the eyes of God, and that the motive for punishment is not vengeance, but the imposition of a penalty for the committed offence. In Some Answered Questions, He confirms that it is the right of society to impose punishments on criminals for the purpose of protecting its members and defending its existence.
With regard to this provision, Shoghi Effendi in a letter written on his behalf gives the following explanation:
- In the Aqdas Bahá'u'lláh has given death as the penalty for murder. However, He has permitted life imprisonment as an alternative. Both practices would be in accordance with His Laws. Some of us may not be able to grasp the wisdom of this when it disagrees with our own limited vision; but we must accept it, knowing His Wisdom, His Mercy and His Justice are perfect and for the salvation of the entire world. If a man were falsely condemned to die, can we not believe Almighty God would compensate him a thousandfold, in the next world, for this human injustice? You cannot give up a salutary law just because on rare occasions the innocent may be punished.
The details of the Bahá'í law of punishment for murder and arson, a law designed for a future state of society, were not specified by Bahá'u'lláh. The various details of the law, such as degrees of offence, whether extenuating circumstances are to be taken into account, and which of the two prescribed punishments is to be the norm are left to the Universal House of Justice to decide in light of prevailing conditions when the law is to be in operation. The manner in which the punishment is to be carried out is also left to the Universal House of Justice to decide.
In relation to arson, this depends on what "house" is burned. There is obviously a tremendous difference in the degree of offence between the person who burns down an empty warehouse and one who sets fire to a school full of children.
- (Notes to the Kitáb-i-Aqdas, no. 86)
Only the fundamental principles for the punishments for arson are given in the Kitáb-i-Aqdas; arson is becoming an increasingly frequent offense; the application depends on the situation[edit]
"...merely the fundamental principles of the punishments for murder and arson are given in the Kitab-i-Aqdas. Willful murder is to be punished either by capital punishment or life imprisonment. Such matters as degrees of offense and whether any extenuating circumstances are to be taken into account, and which of the two prescribed punishments is to be the norm are left to the Universal House of Justice to decide in light of prevailing conditions when the law is in operation. Arson, as you yourself can see from the newspapers, is becoming an increasingly frequent offense-scarcely a day passes without some building being burned or blown up, often causing agonizing death to innocent people. Bahá'u'lláh prescribes that a person who burns a house intentionally is to be burned or imprisoned for life, bur again, the application of these punishments, the method of carrying them out and the fixing of degrees of offense are left to the Universal House of Justice. Obviously there is a tremendous difference in the degree of the offense of a person who burns down an empty warehouse from that of one who sets fire to a school full of children."
It remains for the Universal House of Justice to legislate on the matter[edit]
"Shoghi Effendi, in response to a question about this verse of the Aqdas, affirmed that while capital punishment is permitted, an alternative, "life imprisonment", has been provided "whereby the rigours of such a condemnation can be seriously mitigated". He states that "Bahá'u'lláh has given us a choice and has, therefore, left us free to use our own discretion within certain limitations imposed by His law". In the absence of specific guidance concerning the application of this aspect of Bahá'í law, it remains for the Universal House of Justice to legislate on the matter in the future."
- (Notes to the Kitáb-i-Aqdas, no. 87)
Though forbidden, punishment for arson in the Aqdas is for a future state of society; such a matter is usually covered by the civil laws of each country[edit]
"IV.D.1.y, Arson, adultery, murder and theft are all forbidden to IV.D.1.y.xiv, IV.D.1.y.xv, Bahá'ís, but the punishments prescribed for them in the IV.D.1.y.xvi & IV.D.1.y.xvii Kitab-i-Aqdas are designed for a future state of society. Such matters are usually covered by the civil laws of each country."
- (On behalf of? the Universal House of Justice, at https://bahai-library.com/uhj_laws_not_binding )
Penalty for Arson--Laws for a More Evolved Society[edit]
"As regards the question you raised about the penalty for arson in the Aqdas, the penalty for arson is burning or life imprisonment; in other words the same penalty as for first degree murder.
"We must not question this, but studying the Bahá'í Faith and its Teachings in their entirety, realize that the law of God for this Day is a healing for the nations, and that, at a future period when a purely Bahá'í society exists and these laws can be enforced, humanity may have reached a much higher point of evolution than at present, and the mere threat of them may be sufficient in most cases to protect the Community and protect the law from being broken."
- (From a letter written on behalf of Shoghi Effendi to an individual believer, February 15, 1957, in Lights of Guidance, no. 1198)
