By-Laws

Read online at https://bahai-library.com/nsa_constitution_lsa_bylaws . Local Spiritual Assembly by-laws also published in https://bahai-library.com/nsa_lsa_by-laws#2

From Lights of Guidance

Purpose of By-Laws

"The purpose of the By-Laws is to clarify and strengthen the administrative legal functions of a Bahá'í community."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of the United States, July 5, 1950: Bahá'í News, No. 236, October 1950, pp. 2-3, in Lights of Guidance, no. 224)

A Baby Can Be Considered a Bahá'í--Declaration Age 15 for Protection

"...As a believer of 15 cannot vote he (Shoghi Effendi) sees no reason for including a statement regarding the age of 15 in the By-Laws. A baby can be considered a Bahá'í; 15 is merely the age of maturity for fasting, marriage, etc., and in the case of America, a declaration at that age is invited from the youth in order to protect them, at a future date, from being forced to do active military service."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of the United States, July 5, 1950: Bahá'í News, No. 236, October 1950, pp. 2-3, in Lights of Guidance, no. 225)

New York Version of By-Laws More Correct

"...The original New York By-Laws are more correct, because they differentiate clearly between all members of the Community and voting members who are 21 years of age or more. In other words children under 15 are Bahá'ís according to the New York version, which is correct, but according to your version only people over 15 years are Bahá'ís which is not correct.... The declaration of faith by children when they reach the age of 15 in the United States is in order to enable the American Youth to apply for exemption, under the American laws, from active military service. It has no other purpose, but in that country is expedient. It is not necessary to add such a clause to your By-Laws.

"He wishes the essentials to be maintained as per the New York By-Laws, but not amplified and added to, as this will gradually lead, all over the Bahá'í world, to a steady addition of unessential rules and restrict the freedom and plasticity of the Cause. As he has repeatedly told the American and other National Assemblies, it is much better to deal with situations and new requirements as they arise, and not to have it all down in black and white and rigid before hand."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of Australia and New Zealand, August 22, 1949: Letters from the Guardian to Australia and New Zealand, p. 77, in Lights of Guidance, no. 226)

Matter of Belief in Bahá'u'lláh Not of Availability for Participation

"...all declarants of the age of 15 years or older who qualify are accepted by your Assembly under the provision of your By-Laws are Bahá'ís and should be so registered in local communities or in your National office. It is a matter of declaration of belief in Bahá'u'lláh and not necessarily of availability for participation with fellow believers in their community activities."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, May 18, 1967: National Bahá'í Review, February 1968, No. 2, p. 3, in Lights of Guidance, no. 227)

The National Spiritual Assembly Must Defend and Uphold Provisions of By-Laws and Declaration of Trust

"...The National Assembly ... must at all times vigilantly uphold, defend, justify and enforce the provisions of the Declaration of Trust and By-Laws which are binding on the Convention no less than on themselves. The National Spiritual Assembly has the right to lay down, enforce and interpret the National Constitution of the Bahá'ís in that land. It cannot, if it wishes to remain faithful to that Constitution, lay down any regulations, however secondary in character, that would in the least hamper the unrestricted liberty of the delegates to advise and elect those whom they feel best combine the necessary qualifications for membership of so exalted a body."

(From a letter written on behalf of Shoghi Effendi to the National Spiritual Assembly of the United States and Canada, August 18, 1933, in Lights of Guidance, no. 228)

International Uniformity in the Essentials is to be Maintained--The Local By-Laws

"The Guardian is striving to build up uniformity in essentials all over the Bahá'í World, and this frequently involves a small measure of delay in achieving our various goals set locally. But he considers it sufficiently important to warrant the sacrifices it sometimes involves.

"In this connection he would like to mention your Local By-Laws: He feels that they should conform much more closely to the original one of the New York Assembly. What is absolutely essential was incorporated in those, and all other Local Assemblies being incorporated should follow this pattern as closely as local legal technicalities permit. This again is in order to maintain international uniformity in essentials. It is not a question here of whether the By-Laws drawn up by your Legal Committee are not more up-to-date and do not represent the last word, undoubtedly they are and do, but if every country, when drawing up its local By-Laws, continues this process of elaboration, in the end uniformity will be lost. The Eastern Assemblies have adhered to the original By-Laws so carefully that they have practically translated them word for word and adopted them."

(From a letter written on behalf of Shoghi Effendi to the National Spiritual Assembly of Australia and New Zealand, December 30, 1948, in Lights of Guidance, no. 229)

Decisions of Local and National Assemblies Subject to Review by Higher Body--No Contradiction in By-Laws

"...Mr. ... explained that it was felt that there is a seeming contradiction between the right of appeal to the Universal House of Justice and the right of a National Spiritual Assembly to make 'final' decisions on certain matters as stated in the National Bahá'í Constitution.

"The House of Justice instructs us to explain that wherever 'final' jurisdiction is given to the Local or National Spiritual Assembly in its constitution there is a balancing provision. For example:

"Article IV of the Local Assembly By-Laws states: 'while retaining the sacred right of final decision in all matters pertaining to the Bahá'í community, the Spiritual Assembly shall ever seek the advice and consultation of all members of the community, keep the community informed of all its affairs, and invite full and free discussion on the part of the community in all matters affecting the Faith.' Yet, Article III of those same Local By-Laws states: 'The Spiritual Assembly, however, shall recognize the authority and right of the National Spiritual Assembly to declare at any time what activities and affairs of the Bahá'í community of ... are national in scope and hence subject to the jurisdiction of the National Assembly.' And in Article II is stated: '...the Spiritual Assembly shall act in conformity with the functions of a Local Spiritual Assembly as defined in the By-Laws adopted by the National Spiritual Assembly...'

"With respect to those articles that accord final jurisdiction to the National Spiritual Assembly, there is the overriding provision of Article IX of the National By-Laws: 'Where the National Spiritual Assembly has been given in these By-Laws exclusive and final jurisdiction, and paramount executive authority, in all matters pertaining to the activities and affairs of the Bahá'í Cause in ..., it is understood that any decision made or action taken upon such matters shall be subject in every instance to ultimate review and approval by the Universal House of Justice.'

"It is clear, therefore, that the word 'final' is not used in an absolute sense. It is, rather, an indication of the principle enunciated by Abdu'l-Bahá that the believers should whole-heartedly and loyally support their Assemblies and abide by their decisions, even if they see them to be in error. At the same time, the Assemblies have the duty to lovingly and frankly consult with those who are under their jurisdiction and, if a believer (or Local Assembly) feels that a serious injustice is being committed or the interests of the Faith are being adversely affected, he has the right of appeal. When an appeal is made, the Assembly whose decision is being questioned should lovingly collaborate in the process and join with the appellant in submitting all relevant information to the higher body for decision.

"The whole matter of appeals is clearly summarized in Articles VII and VIII of the By-Laws of the Universal House of Justice."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Spain, March 24, 1982, in Lights of Guidance, no. 230)

Incorporation is Not Necessarily Lost by the Temporary Dissolution of the Local Spiritual Assembly

"The problem posed by an Assembly's being incorporated varies from country to country with differences in the civil law. However, the House of Justice asks us to draw to your attention that in many countries it is only changes in the membership or officers of an incorporated body that have to be reported to the authorities, and therefore it is not always necessary to report the full membership each year. There have even been instances where an Assembly has had to be dissolved for a period but the corporation continued to exist as far as the civil law was concerned."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, July 22, 1981, in Lights of Guidance, no. 231)

See also

• Constitution of the Universal House of Justice