Declaration of Trust
By Laws
Preamble
I. Membership in the Bahá'í Community
II. Local Spiritual Assemblies
III. National Spiritual Assemblies
IV. Obligations of Members of Spiritual Assemblies
V. The Universal House of Justice
2. Vacancies in Membership
3. By-Election
4. Meetings
5. Signatures
6. Records
VI. Bahá'í Elections
VII. The Right of Review
VIII. Appeals
IX. The boards of Counsellors
X. The Auxiliary Boards
XI. Amendment
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The Constitution of the Universal House of Justice
Bahá'í World Centre
November 26, 1972
Haifa, Israel
Declaration of Trust
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In the Name of God, the One, the Incomparable, the All-Powerful, the All-
Knowing, the All-wise.
The light that is shed from the heaven of bounty, and the benediction that
shineth from the dawning-place of the will of God, the Lord of the
Kingdom of Names, rest upon Him Who is the supreme Mediator, the Most
Exalted Pen, Him Whom God hath made the dayspring of His most exalted
attributes. Through Him the light of unity hath shone forth above the
horizon of the world, and the law of oneness hath been revealed amidst the
nations, who, with radiant faces, have turned towards the Supreme
Horizon, and acknowledged that which the Tongue of Utterance hath spoken
in the kingdom of His knowledge: "Earth and heaven, glory and dominion,
are God's, the Omnipotent, the almighty, the Lord of grace abounding!"
With joyous and thankful hearts we testify to the abundance of God's
Mercy, to the perfection of His Justice and to the fulfilment of His
Ancient Promise.
Bahá'u'lláh, the Revealer of God's Word in this Day, the Source of
Authority, the Fountainhead of Justice, the Creator of a new World Order,
the Establisher of the Most Great Peace, the Inspirer and Founder of a
world civilization, the Judge, the Lawgiver, the Unifier and Redeemer of
all mankind, has proclaimed the advent of God's Kingdom on earth, has
formulated its laws and ordinances, enunciated its principles, and
ordained its institutions. To direct and canalize the forces released by His
Revelation He instituted His Covenant
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whose power has preserved the integrity of His Faith, maintained its
unity and stimulated it world-wide expansion throughout the successive
ministries of `Abdu'l-Bahá and Shoghi Effendi. It continues to fulfil its
life-giving purpose through the agency of the Universal House of Justice
whose fundamental object, as one of the twin successors of Bahá'u'lláh
and `Abdu'l-Bahá, is to ensure the continuity of that divinely- appointed
authority which flows, and to maintain the integrity and flexibility of its
teachings.
The fundamental purpose animating the Faith of God and His Religion,
declares Bahá'u'lláh, is to safeguard the interests and promote the unity of
the human race, and to foster the spirit of love and fellowship amongst
men. Suffer it not to become a source of dissension and discord, of hate
and enmity. This is the straight Path, the fixed and immovable foundation.
Whatsoever is raised on this foundation, the changes and chances of the
world can never impair its strength, nor will the revolution of countless
centuries undermine its structure.
Unto the Most Holy Book, `Abdu'l-Bahá declares in His Will and Testament,
every one must turn, and all that is not expressly recorded therein must be
referred to the Universal House of Justice.
The provenance, the authority, the duties, the sphere of action of the
Universal House of Justice all derive from the revealed Word of Bahá'u'lláh
which, together with the interpretations and expositions of the Centre of
the Covenant and the Guardian of the Cause - who, after `Abdu'l-Bahá, is
the sole authority in the interpretation of Bahá'í Scripture - constitute
the binding terms of reference of the Universal House of Justice and are
its bedrock foundation. The authority of these Texts is absolute and
immutable until such time as Almighty God shall reveal His new
Manifestation to Whom will belong all authority and power.
There being no successor to Shoghi Effendi as Guardian of the Cause of
God, the Universal House of Justice is the Head of the Faith and its
supreme institution, to which all must turn, and in it rests the ultimate
responsibility for ensuring the unity and progress of the Cause of God.
Further, there devolve upon it duties of directing and coordinating the
work of the Hands of the Cause, of ensuring the continuing discharge of
the functions of protection and propagation vested in the institution, and
of providing for the receipt and disbursement of the Huququ'llah.
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Among the powers and duties with which the Universal House of Justice
has been invested are:
To ensure the preservation of the Sacred Texts and to
safeguard their inviolability; to analyze, classify, and coordinate the
Writings; and to defend and protect the Cause of God and emancipate it
from the fetters of repression and persecution;
To advance the interests of the Faith of God; to proclaim, propagate and
teach its Message; to expand and consolidate the institutions of its
Administrative Order; to usher in the World Order of Bahá'u'lláh; to
promote the attainment of those spiritual qualities which should
characterize Bahá'í life individually and collectively; to do its utmost for
the realization of greater cordiality and comity amongst the nations and
for the attainment of universal peace; and to foster that which is
conducive to the enlightenment and betterment of the world:
To enact laws and ordinances not expressly recorded in the Sacred Texts;
to abrogate, according to the changes and requirements of the time, its
own enactments; to deliberate and decide upon all problems which have
caused difference; to elucidate questions that are obscure; to safeguard
the personal rights, freedom and initiative of individuals; and to give
attention to the preservation of human honour, to the development of
countries and the stability of states:
To promulgate and apply the laws and principles of the Faith; to safeguard
and enforce that rectitude of conduct which the Law of God enjoins; to
preserve and develop the spiritual and Administrative Centre of the Bahá'í
Faith, permanently fixed in the twin cities of `Akka and Haifa; to
administer the affairs of the Bahá'í community throughout the world; to
guide, organize, coordinate and unify its activities; to found institutions;
to be responsible for ensuring that no body or institution within the Cause
abuse its privileges or decline in the exercise of its rights and
prerogatives; and to provide for the receipt, disposition, administration
and safeguarding of the funds, endowments and other properties that are
entrusted to its care:
To adjudicate disputes falling within its purview; to give judgement in
cases of violation of the laws of the Faith and to pronounce
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The members of the Universal House of Justice, designated by Bahá'u'lláh
"the Men of Justice", "the people of Baha who have been mentioned in the
Book of Names", "the Trustees of God amongst His servants and the
daysprings of authority in His countries" , shall in the discharge of their
responsibilities ever bear in mind the following standards set forth by
Shoghi Effendi, the Guardian of the Cause of God:
"In the conduct of the administrative affairs of the Faith, in the
enactment of the legislation necessary to supplement the laws of the
Kitab-i-Aqdas, the members of the Universal House of Justice, it should
be borne in mind, are not, as Bahá'u'lláh's utterances clearly imply,
responsible to those whom they represent, nor are they allowed to be
governed by the feelings, the general opinion, and even the convictions of
the mass of the faithful, or of those who directly elect them. They are to
follow, in a prayerful attitude, the dictates and promptings of their
conscience. They may, indeed they must, acquaint themselves with the
conditions prevailing among the community, must weigh dispassionately
in their minds the merits of any case presented for their consideration,
but must reserve for themselves the right of an unfettered decision. `God
will verily inspire them with whatsoever He willeth', is Bahá'u'lláh's
incontrovertible assurance. They, and not the body of those who either
directly or indirectly elect them, have thus been made the recipients of
the divine guidance which is at once the life-blood and ultimate safeguard
of this Revelation."
The Universal house of Justice was first elected on the first day of the
Festival of Ridvan in the one hundred and twentieth year of the Bahá'í Era
(April 21, 1963), when the members of the National Spiritual Assemblies,
in accordance with the provisions of the will and Testament of `Abdu'l-
Baha, and in response to the summons of the Hands of the Cause of God, the
Chief Stewards of Bahá'u'lláh's embryonic World Commonwealth, brought
into being this "crowning glory" of the
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administrative institutions of Bahá'u'lláh, the very "nucleus and
forerunner" of His World Order. Now, therefore, in obedience to the
Command of God and with entire reliance upon Him, we, the members of
the Universal House of Justice, set our hands and its seal to this
Declaration of Trust which, together with the By-Laws hereto appended,
form the Constitution of the Universal House of Justice.
(signed)
Hugh E. Chance
Hushmand Fatheazam
Amoz E. Gibson
David
Hoffman
H. Borrah Kavelin
Ali Nakhjavani
David S. Ruhe
Ian
C. Semple
Charles Wolcott
Signed in the city of Haifa on the fourth day of the month of Qawl in the
one hundred and twenty-ninth year of the Bahá'í Era, corresponding to the
twenty-sixth day of the month of November in the year 1972 according to
the Gregorian calendar.
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By-Laws
Preamble
The Universal House of Justice is the supreme institution of an
Administrative Order whose salient features, whose authority and whose
principles of operation are clearly enunciated in the Sacred Writings of
the Bahá'í Faith and their authorized interpretations. This Administrative
Order consists, on the one hand, of a series of elected councils, universal,
secondary and local, in which are vested legislative, executive and
judicial powers over the Bahá'í community and, on the other, of eminent
and de voted believers appointed for the specific purposes of protecting
and propagating the Faith of Bahá'u'lláh under the guidance of the Head of
that Faith.
This Administrative Order is the nucleus and pattern of the world Order
adumbrated by Bahá'u'lláh. In the course of its divinely propelled organic
growth its institutions will expand, putting forth auxiliary branches and
developing subordinate agencies, multiplying their activities and
diversifying their functions, in consonance with the principles and
purposes revealed by Bahá'u'lláh for the progress of the human race.
I. Membership in the Bahá'í Community
The Bahá'í community shall consist of all persons recognized by the
Universal house of Justice as possessing the qualifications of Bahá'í Faith
and practice.
1. In order to be eligible to vote and hold elective office, a Bahá'í must
have attained the age of twenty-one years.
2. The rights, privileges and duties of individual Bahá'ís are as set forth
in the Writings of Bahá'u'lláh, `Abdu'l-Bahá and Shoghi Effendi and as laid
down by the Universal House of Justice.
II. Local Spiritual Assemblies
Whenever in any locality the number of Bahá'ís resident therein who have
attained the age of twenty-one exceeds nine, these shall on the First Day
of Ridvan convene and elect a local administrative body
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of nine members to be known as the Spiritual Assembly of the Bahá'ís of
that locality. Every such Spiritual Assembly shall be elected annually
thereafter upon each successive First Day of Ridvan. The members shall
hold office for the term of one year or until their successors are elected.
When, however, the number of Bahá'ís as aforesaid in any locality is
exactly nine, these shall on the First Day of Ridvan constitute themselves
the Local Spiritual Assembly by joint declaration.
1. The general powers and duties of a Local Spiritual Assembly are as set
forth in the Writings of Bahá'u'lláh, `Abdu'l-Bahá and Shoghi Effendi and as
laid down by the Universal House of Justice.
2. A Local Spiritual Assembly shall exercise full jurisdiction over all
Bahá'í activities and affairs with its locality, subject to the provisions of
the Local Bahá'í Constitution ( By-Laws of a Local Spiritual Assembly)
3. The area of jurisdiction of a Local Spiritual Assembly shall be decided
by the National Spiritual Assembly in accordance with the principle laid
down for each country by the Universal House of Justice.
III. National Spiritual Assemblies
Whenever it is decided by the Universal House of Justice to form in any
country or region a National Spiritual Assembly, the voting members of
the Bahá'í community of that country or region shall, in a manner and at a
time to be decided by the Universal House of Justice, elect their delegates
to their National Convention. These delegates shall, in turn, elect in the
manner provided in the National Bahá'í Constitution (Declaration of Trust
and By-Laws of a National Spiritual Assembly) a body of nine members to
be known as the National spiritual Assembly of the Bahá'ís of that country
or region. The members shall continue in office for a period of one year or
until their successors shall be elected.
1. The general powers and duties of a National Spiritual Assembly are as
set forth in the Writings of Bahá'u'lláh, `Abdu'l-Bahá and Shoghi Effendi
and as laid down by the Universal House of Justice.
2. The National Spiritual Assembly shall have exclusive jurisdiction and
authority over all the activities and affairs of the Bahá'í Faith throughout
its area. It shall endeavour to stimulate, unify and co-
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ordinate the manifold activities of the Local Spiritual Assemblies and of
individual Bahá'ís in its area and by all possible means assist them to
promote the oneness of mankind. It shall furthermore represent its
national Bahá'í community in relation to other national Bahá'í communities
and to the Universal house of Justice.
3. The area of jurisdiction of a National Spiritual Assembly shall be as
defined by the Universal House of Justice.
4. The principal business of the National Convention shall be consultation
on Bahá'í activities, plans and policies and the election of the members of
the National Spiritual Assembly, as set forth in the National Bahá'í
Constitution.
a) If in any year the National Spiritual Assembly shall consider that it is
impracticable or unwise to hold the National convention, the said
Assembly shall provide ways and means by which the annual election and
the other essential business of the Convention may be conducted.
b) Vacancies in the membership of the National Spiritual Assembly shall
be filled by a vote of the delegates composing the Convention which
elected the Assembly, the ballot to be taken by correspondence or any
other manner decided by the National Spiritual Assembly.
IV. Obligations of Members of Spiritual Assemblies
Among the most outstanding and sacred duties incumbent upon those who
have been called upon to initiate, direct and coordinate the affairs of the
Cause of God as members of its Spiritual Assemblies are: to win by every
means in their power the confidence and affection of those whom it is
their privilege to serve; to investigate and acquaint themselves with the
considered views, the prevailing sentiments and the personal convictions
of those whose welfare it is their solemn obligation to promote; to purge
their deliberations and the general conduct of their affairs of self-
contained aloofness, the suspicion of secrecy, the stifling atmosphere of
dictatorial assertiveness and of every word and deed that may savour of
partiality, self-centredness and prejudice; and while retaining the sacred
right of final decision in their hands, to invite discussion, ventilate
grievances, welcome advice and foster the sense of interdependence and
co-
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partnership, of understanding and mutual confidence between themselves
and all other Bahá'ís.
V. The Universal House of Justice
The Universal House of Justice shall consist of nine men who have been
elected from the Bahá'í community in the manner hereinafter provided.
a) An election of the Universal House of Justice shall be held once every
five years unless otherwise decided by the Universal House of Justice, and
those elected shall continue in office until such time as their successors
shall be elected and the first meeting of these successors is duly held.
b) Upon receiving the call to Convention each National Spiritual Assembly
shall submit to the Universal House of Justice a list of the names of its
members. The recognition and seating of the delegates to the International
Convention shall be vested in the Universal House of Justice.
c) The principal business of the International Convention shall be the
election of the Universal House of Justice, to deliberate on the affairs of
the Bahá'í Cause throughout the world, and to make recommendations and
suggestions for the consideration of the Universal House of Justice.
d) The sessions of the International Convention shall be conducted in such
manner as the Universal house of Justice shall from time to time
decide.
e) The Universal House of Justice shall provide a procedure whereby those
delegates who are unable to be present in person at the International
Convention shall cast their ballots for the election of the Universal House
of Justice.
f) If at any time of an election the Universal House of Justice shall
consider that it is impracticable or unwise to hold the Inter-
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national Convention it shall determine how the election shall take
place.
g) On the day of the election the ballots of all voters shall be scrutinized
and counted and the result certified by tellers appointed in accordance
with the instructions of the Universal House of Justice.
h) If a member of a National Spiritual Assembly who has voted by mail
ceases to be a member of that National Spiritual Assembly between the
time of casting his ballot and the date of the counting of the ballots, his
ballot shall nevertheless remain valid unless in the interval his successor
shall have been elected and the ballot of such successor shall have been
received by the tellers.
i) In case by reason of a tie vote or votes the full membership of the
Universal House of Justice is not determined on the first ballot, then one
or more additional ballots shall be held on the persons tied until all
members are elected. The electors in the case of additional ballots shall
be the members of National spiritual Assemblies in office at the time
each subsequent vote is taken.
2. Vacancies in Membership
A vacancy in the membership of the Universal House of Justice will occur
upon the death of a member or in the following cases:
a) Should any member of the Universal House of Justice commit a sin
injurious to the common weal, he may be dismissed from membership by
the Universal House of Justice.
b) The Universal House of Justice may at its discretion declare a vacancy
with respect to any member who in its judgement is unable to fulfil the
functions of membership.
c) A member may relinquish his membership on the Universal House of
Justice only with the approval of the Universal House of Justice.
3. By-Election
If a vacancy in the membership of the Universal House of Justice occurs,
the Universal House of Justice shall call a by-election at the
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earliest possible date unless such date, in the judgement of the Universal
house of Justice, falls too close to the date of a regular election of the
entire membership, in which case the Universal House of Justice may, at
its discretion, defer the filling of the vacancy to the time of the regular
election. f a by-election is held the voters shall be the members of the
National Spiritual Assemblies in office at the time of the by-election.
4. Meetings
a) After the election of the Universal House of Justice the first meeting
shall be called by the member elected by the highest number of votes or,
in his absence or other incapacity, by the member elected by the next
highest number of votes or, in the case two or more members have
received the same highest number of votes, then by the member selected
by lot from among those members. Subsequent meetings shall be called in
the manner decided by the Universal House of Justice.
b) The Universal House of Justice has no officers. It shall provide for the
conduct of its meetings and shall organize its activities in such manner as
it shall from time to time decide.
c) The business of the Universal House of Justice shall be conducted by
the full membership in consultation, except that the Universal House of
Justice may from time to time provide for quorums of less of less than
the full membership for specified classes of business.
5. Signature
The signature of the Universal house of justice shall be the words "The
Universal house of Justice" or in Persian "Baytu'l-`Adl-i-A'zam" written
by hand by any one of its members upon authority of the Universal House of
Justice, to which shall be affixed in each case the Seal of the Universal
House of Justice.
6. Records
The Universal House of justice shall provide for the recording and
verification of its decisions in such manner as shall, from time to time,
judge necessary.
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VI. Bahá'í Elections
In order to preserve the spiritual character and purpose of Bahá'í
elections the practices of nomination or electioneering, or any other
procedure or activity detrimental to that character and purpose shall be
eschewed. A silent and prayerful atmosphere shall prevail during the
election to that each elector may vote for none but those whom prayer and
reflection inspire him to uphold.
1. All Bahá'í elections, except elections of officers of Local and National
Spiritual Assemblies and committees, shall be by plurality vote taken by
secret ballot.
2. Election of the officers of a Spiritual Assembly or committee shall be
by a majority vote of the Assembly or committee taken by secret
ballot.
3. In case by reason of a tie vote or votes the full membership of an
elected body is not determined on the first ballot, then one or more
additional ballots shall be taken on the persons tied until all members are
elected.
4. The duties and rights of a Bahá'í elector may not be assigned nor may
they be exercised by proxy.
VII. The Right of Review
The Universal House of Justice has the right to review any decision or
action of any Spiritual Assembly, National or Local, and to approve, modify
or reverse such decision or action. The Universal House of Justice also has
the right to intervene in any matter in which a Spiritual Assembly is
failing to take action or to reach a decision and, at its discretion, to
require that action be taken, or itself to take action directly in the
matter.
VIII. Appeals
The right of appeal exists in the circumstances, and shall be exercised
according to the procedures, outlined below:
1. a) Any member of a local Bahá'í community may appeal from a decision
of his Local Spiritual Assembly to the National Spiritual Assembly which
shall determine whether it shall take jurisdiction of the matter or refer
it back to the Local Spiritual Assembly for reconsideration. If such an
appeal concerns the
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membership of a person in the Bahá'í community, the National Spiritual
Assembly is obliged to take jurisdiction of and decide the case.
b) Any Bahá'í may appeal from a decision of his National Spiritual
Assembly to the Universal house of Justice which shall determine whether
it shall take jurisdiction of the matter or leave it within the final
jurisdiction of the National Spiritual Assembly.
c) If any differences arise between two or more Local Spiritual
Assemblies and if these Assemblies are unable to resolve them, any one
such Assembly may bring the matter to the National Spiritual Assembly
which shall thereupon take jurisdiction of the case. If the decision of the
National Spiritual Assembly thereon is unsatisfactory to any of the
Assemblies concerned, or if a Local Spiritual Assembly at any time has
reason to believe that actions of its National spiritual Assembly are
affecting adversely the welfare and unity of that Local Assembly's
community, it shall, in either case, after seeking to compose its
difference of opinion with the National Spiritual Assembly, have the right
of appeal to the Universal House of Justice, which shall determine
whether it shall take jurisdiction of the matter or leave it within the
final jurisdiction of the National Spiritual Assembly.
2. An appellant, whether institution or individual, shall in the first
instance make appeal to the Assembly whose decision is questioned,
either for reconsideration of the case by that Assembly or for submission
to a higher body. In the latter case the Assembly is in duty bound to
submit the appeal together with full particulars of the matter. If an
Assembly refuses to submit the appeal, or fails to do so within a
reasonable time, the appellant may take the case directly to the higher
authority.
IX. The boards of Counsellors
The institution of the boards of Counsellors was brought into being by the
Universal House of Justice to extend into the future the specific functions
of protection and propagation conferred upon the Hands of the Cause of
God. The members of these boards are appointed by the Universal House of
Justice.
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1. The term of office of a Counsellor, the number of Counsellors on each
Board, and the boundaries of the zone in which each Board of Counsellors
shall operate, shall be decided by the Universal House of Justice.
2. A Counsellor functions as such only within his zone and should he move
his residence out of the zone for which he is appointed he automatically
relinquishes his appointment.
3. The rank and specific duties of a Counsellor render him ineligible for
service on local and national administrative bodies. If elected to the
Universal House of Justice he ceases to be a Counsellor.
X. The Auxiliary Boards
In each zone there shall be two Auxiliary boards, one for the protection
and one for the propagation of the Faith, the numbers of whose members
shall be set by the Universal House of Justice. The members of these
Auxiliary Boards shall serve under the direction of the Continental Boards
of Counsellors and shall act as their deputies, assistants and advisers.
1. The members of the Auxiliary Boards shall be appointed from among the
believers of that zone by the Continental Board of Counsellors.
2. Each Auxiliary Board member shall be allotted a specific area in which
to serve and, unless specifically deputized by the Continental Counsellors,
shall not function as a member of the Auxiliary Board outside that
area.
3. An Auxiliary board member is eligible for any elective office but if
elected to an administrative post on a national or local level must decide
whether to retain membership on the Board or accept the administrative
post, since he may not serve in both capacities at the same time. If
elected to the Universal House of Justice he ceases to be a member of the
Auxiliary Board.
XI. Amendment
This Constitution may be amended by decision of the Universal House of
Justice when the full membership is present.