Cohabitation

Regarding couples living together without being married, those who were already Bahá'ís require counsel and warning (to either separate or have a Bahá'í marriage), and if after repeated warnings, deprivation of voting rights

"When considering cases of couples who are living together without being married it is important to distinguish those who started this association after becoming Bahá'ís from those who were in this condition already at the time of accepting the Faith. The House of Justice is sure that your Assembly is aware that it is not permissible for Bahá'ís to enter into such an immoral relationship and that any believers who do so must be counselled by the Assembly and warned to correct their conduct, either by separating or by having a Bahá'í marriage ceremony in accordance with the provisions of Bahá'í law. If, after repeated warnings, the believers concerned do not conform to Bahá'í law, the Assembly has no choice but to deprive them of their voting rights."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Panama, September 7, 1981, in Lights of Guidance, no. 1270)

For those who were not Bahá'í at the time of their union, (civil, religious, or tribal) or common law marriages are accepted, while as merely cohabitating person must have a Bahá'í marriage, and if after explanation of the requirements, and repeated warnings, deprivation of voting rights

"The situation of those who were living in such a relationship when they accepted the Faith is less clear-cut, and the House of Justice has instructed us to send your Assembly the following summary of the applicable principles which was prepared in response to a similar question by another National Spiritual Assembly.

"1. In general, marriages entered into by parties prior to their enrolment in the Faith are recognized as valid under Bahá'í law, and in such cases an additional Bahá'í marriage ceremony is not permitted. This applies whether the marriage was established under civil or religious law or under tribal custom.

"2. A couple living together merely as man and mistress when either or both become Bahá'í are not married in the eyes of Bahá'í law, and must either have a Bahá'í marriage in accordance with the provisions of Bahá'í law, or cease living together. In other words, the Assembly must deal with the situation as it would in any other case of immoral behaviour, explaining the requirements of the law, giving repeated warnings, and ultimately, if the offender does not comply, he must forfeit his voting rights.

"3. Because of unusual conditions in certain countries and certain cases it sometimes happens that a person will become a Bahá'í when he or she is living in a situation which does not clearly fit within either of the above definitions. Such a case occurs, for example, where a couple have established firm ties of union and are living together in such a way that they appear to be married and are accepted as such by those around them; the union has stood the test of time and there may even be children, and yet, in fact, the couple are not actually married in any of the ways defined above. The principle followed here is that we do not pry into people's lives and insist on their undoing those ties they have established before becoming believers, but the union is accepted as a marriage in the eyes of Bahá'í law. The Guardian upheld this principle in situations which arise in some Catholic countries where, because of the relationship between church and state divorce is impossible, and one or both of the parties may still be legally married to someone else. Where it is possible for such a couple to regularize their position in civil law by having a civil marriage ceremony, they may certainly do so, but it is neither necessary nor permissible for them to have a Bahá'í marriage ceremony, since, in the eyes of Bahá'í law, they are already united in marriage."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Panama, September 7, 1981, in Lights of Guidance, no. 1270)

For a believer living with a mistress, it should be brought to his attention (by the Assembly) in a loving manner, urging him to either marry the woman if free to do so, or give up the conduct

'As regards flagrantly immoral relationships, such as a man living with a mistress, this should be brought to his attention in a loving manner, and he should be urged to either marry the woman if he is free to do so, or to give up this conduct, so detrimental to the Faith and to his own spiritual progress.'" (To the NSA of Central America, dated February 9, 1957)

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Paraguay, November 21, 1967, in Lights of Guidance, no. 1275)

Welcome to enroll as a Baha'i but must first become legally married or sever (cohabiting) relationship

"The young lady in question should be advised by you or the believer with whom she has been studying that the decision as to whether or not she wishes to enroll in the Faith rests with her and her alone. Your Assembly should not prevent her from enrolling should she so decide, but if she does apply for membership in the community, she obviously should understand that she will be expected to conduct herself as a Baha'i by adjusting her relationship to the man with whom she is presently living. This means that either they must become legally married or she should sever the existing relationship between them."

(Letter written on behalf of the Universal House of Justice, dated April 4, 1977, to a Spiritual Assembly, in Developing Distinctive Bahá'í Communities)