Rape
One of the most heinous of sexual offences is the crime of rape[edit]
"One of the most heinous of sexual offences is the crime of rape. When a believer is a victim, she is entitled to the loving aid and support of the members of her community, and she is free to initiate action against the perpetrator under the law of the land should she wish to do so. If she becomes pregnant as a consequence of this assault, no pressure should be brought upon her by the Bahá'í institutions to marry. As to whether she should continue or terminate the pregnancy, it is for her to decide on the course of action she should follow , taking into consideration medical and other relevant factors, and in the light of the Bahá'í Teachings. If she gives birth to a child as a result of the rape, it is left to her discretion whether to seek financial support for the maintenance of the child from the father; however, his claim to any parental rights would, under Bahá'í law, be called into question, in view of the circumstances.
"The Guardian has clarified, in letters written on his behalf, that “The Bahá'í Faith recognizes the value of the sex impulse,” and that “The proper use of the sex instinct is the natural right of every individual, and it is precisely for this very purpose that the institution of marriage has been established.” In this aspect of the marital relationship, as in all others, mutual consideration and respect should apply. If a Bahá'í woman suffers abuse or is subjected to rape by her husband, she has the right to turn to the Spiritual Assembly for assistance and counsel, or to seek legal protection. Such abuse would gravely jeopardize the continuation of the marriage, and could well lead to a condition of irreconcilable antipathy."
Penalty to be left to the Universal House of Justice (in the future)[edit]
"Ye have been forbidden to commit murder or adultery, or to engage in backbiting or calumny; shun ye, then, what hath been prohibited in the holy Books and Tablets."
- (Bahá'u'lláh, Kitáb-i-Aqdas, par. 19)
"The Arabic word "ziná", here translated as "adultery", signifies both fornication and adultery. It applies not only to sexual relations between a married person and someone who is not his or her spouse, but also to extramarital sexual intercourse in general. One form of "ziná" is rape. The only penalty prescribed by Bahá'u'lláh is for those who commit fornication (see note 77); penalties for other kinds of sexual offence are left to the Universal House of Justice to determine."
- (Notes to the Kitáb-i-Aqdas, no. 36)
"Regarding the extent of the penalties that might be applied to perpetrators of sexual violence and abuse, we have not found any statements clarifying the matter in the Bahá'í Writings. Until the Universal House of Justice makes a ruling, Mr. Elías is free to come to his own understanding of the matter. In view of his strong feelings on these subjects, he may wish to peruse the attached “Letter on Violence and Sexual Abuse of Women and Children”, written on behalf of the Universal House of Justice and dated 24 January 1993. This document provides a general overview of the Bahá'í perspective on these matters."
If a child were conceived as a consequence of rape would qualify for consideration of removal of requirement for parental consent in marriage[edit]
"Bahá'u'lláh has placed great emphasis on the duties of parents toward their children, and He has urged children to have gratitude in their hearts for their parents, whose good pleasure they should strive to win as a means of pleasing God Himself. However, He has indicated that under certain circumstances, the parents could be deprived of the right of parenthood as a consequence of their actions. The Universal House of Justice has the right to legislate on this matter. It has decided for the present that all cases should be referred to it in which the conduct or character of a parent appears to render him unworthy of having such parental rights as that of giving consent to marriage. Such questions could arise, for example, when a parent has committed incest, or when the child was conceived as a consequence of rape, and also when a parent consciously fails to protect the child from flagrant sexual abuse."
- (Universal House of Justice, Self-Defense, the Ungodly, Infallibility, and Sexual Violence and Abuse)
See also[edit]
Forbidden indirectly, and its punishment will be determined in the future by the Universal House of Justice (in the future)[edit]
"Your letter asking for direct or indirect references in the Writings of the Faith to rape or sexual assault was referred to the Research Department, and we have been asked to convey to you the following comments.
""Lechery" is clearly forbidden by Bahá'u'lláh (see "Epistle to the Son of the Wolf", p. 49) and Shoghi Effendi has stated that a "chaste and holy life", according to the teachings of the Faith, implies a condemnation of "all manner" of "sexual vices"(See "Advent of Divine Justice", p. 25.).
"As to the contents of the Kitáb-i-Aqdas, one of the provisions of that Most Holy Book is "not to indulge one's passions" (see "Synopsis and Codification of the Laws and Ordinances of the Kitáb-i-Aqdas", p. 50). Furthermore, reference should be made to one of the "prohibitions" mentioned on page 47 of the "Synopsis", namely "adultery". This word so appears in this book because entries in a synopsis should by necessity be brief, and by the original word used by Bahá'u'lláh in the Aqdas, i.e., "zina", adultery is generally and mainly intended. However, this by no means covers all the meanings of the concept of "zina" in legal language used in Arabic and Persian. One of the forms of "zina" — i.e., when the illicit sexual intercourse is performed through force or violence — is rape or sexual assault.
"As to the punishments for such acts as rape, these will be determined in the future by the Universal House of Justice."
- (From a letter dated 8 June 1982 written on behalf of the Universal House of Justice to an individual believer, in Chaste and Holy Life, A, no. 37)
See also[edit]
To-dos for this page[edit]
- More complete categorization within headings (including repetition of quotes if necessary)
