While the initial steps aiming at the erection of the framework of the Administrative Order of the Faith of Bahá’u’lláh were being simultaneously undertaken by His followers in the East and in the West, a fierce attack was launched in an obscure village in Egypt on a handful of believers, who were trying to establish there one of the primary institutions of that Order—an attack which, viewed in the perspective of history, will be acclaimed by future generations as a landmark not only in the Formative Period of the Faith but in the history of the first Bahá’í century. Indeed, the sequel to this assault may be said to have opened a new chapter in the evolution of the Faith itself, an evolution which, carrying it through the successive stages of repression, of emancipation, of recognition as an independent Revelation, and as a state religion, must lead to the establishment of the Bahá’í state and culminate in the emergence of the Bahá’í World Commonwealth.
Originating in a country which can rightly boast of being the acknowledged center of both the Arab and Muslim worlds; precipitated by the action, taken on their own initiative, by the ecclesiastical representatives of the largest communion in Islám; the direct outcome of a series of disturbances instigated by some of the members of that communion designed to suppress the activities of certain followers of the Faith who had held a clerical rank among them, this momentous development in the fortunes of a struggling community has directly contributed, to a considerable degree, to the consolidation and the enhancement of the prestige of the Administrative Order which that community had begun to erect. It will, moreover, as its repercussions are more widely spread to other Islamic countries, and its vast significance is more clearly apprehended by the adherents of both Christianity and Islám, hasten the termination of the period of transition through which the Faith, now in the formative stage of its growth, is passing.
It was in the village of Kawmu’ṣ-Ṣa‘áyidih, in the district of Beba, of the province of Beni Suef in Upper Egypt, that, as a result of the religious fanaticism which the formation of a Bahá’í assembly had kindled in the breast of the headman of that village, and of the grave accusations made by him to both the District Police Officer and the Governor of the province—accusations which aroused the Muḥammadans to such a pitch of excitement as to cause them to perpetrate shameful acts against their victims—that action was initiated by the notary of the village, in his capacity as a religious plaintiff authorized by the Ministry of Justice, against three Bahá’í residents of that village, demanding that their Muslim wives be divorced from them on the grounds that their husbands had abandoned Islám after their legal marriage as Muslims.
The Opinion and Judgment of the Appellate religious court of Beba, delivered on May 10, 1925, subsequently sanctioned by the highest ecclesiastical authorities in Cairo and upheld by them as final, printed and circulated by the Muslim authorities themselves, annulled the marriages contracted by the three Bahá’í defendants and condemned the mass heretics for having violated the laws and ordinances of Islám. It even went so far as to make the positive, the startling and indeed the historic assertion that the Faith embraced by these heretics is to be regarded as a distinct religion, wholly independent of the religious systems that have preceded it—an assertion which hitherto the enemies of the Faith, whether in the East or in the West, had either disputed or deliberately ignored.
Having expounded the fundamental tenets and ordinances of Islám, and given a detailed exposition of the Bahá’í teachings, supported by various quotations from the Kitáb-i-Aqdas, from the writings of ‘Abdu’l-Bahá and of Mírzá Abu’l-Fadl, with special reference to certain Bahá’í laws, and demonstrated that the defendants had, in the light of these statements, actually abjured the Faith of Muḥammad, his formal verdict declares in the most unequivocal terms: “The Bahá’í Faith is a new religion, entirely independent, with beliefs, principles and laws of its own, which differ from, and are utterly in conflict with, the beliefs, principles and laws of Islám. No Bahá’í, therefore, can be regarded a Muslim or vice-versa, even as no Buddhist, Brahmin, or Christian can be regarded a Muslim or vice-versa.” Ordering the dissolution of the contracts of marriage of the parties on trial, and the “separation” of the husbands from their wives, this official and memorable pronouncement concludes with the following words: “If any one of them (husbands) repents, believes in, and acknowledges whatsoever ... Muḥammad, the Apostle of God ... has brought from God ... and returns to the august Faith of Islám ... and testifies that ... Muḥammad ... is the Seal of the Prophets and Messengers, that no religion will succeed His religion, that no law will abrogate His law, that the Qur’án is the last of the Books of God and His last Revelation to His Prophets and His Messengers ... he shall be accepted and shall be entitled to renew his marriage contract...”
This declaration of portentous significance, which was supported by incontrovertible proofs adduced by the avowed enemies of the Faith of Bahá’u’lláh themselves, which was made in a country that aspires to the headship of Islám through the restoration of the Caliphate, and which has received the sanction of the highest ecclesiastical authorities in that country, this official testimony which the leaders of Shí’ah Islám, in both Persia and ‘Iráq, have, through a century, sedulously avoided voicing, and which, once and for all, silences those detractors, including Christian ecclesiastics in the West, who have in the past stigmatized that Faith as a cult, as a Bábí sect and as an offshoot of Islám or represented it as a synthesis of religions—such a declaration was acclaimed by all Bahá’í communities in the East and in the West as the first Charter of the emancipation of the Cause of Bahá’u’lláh from the fetters of Islamic orthodoxy, the first historic step taken, not by its adherents as might have been expected, but by its adversaries on the road leading to its ultimate and world-wide recognition.
Such a verdict, fraught with incalculable possibilities, was immediately recognized as a powerful challenge which the builders of the Administrative Order of the Faith of Bahá’u’lláh were not slow to face and accept. It imposed upon them a sacred obligation which they felt ready to discharge. Designed by its authors to deprive their adversaries of access to Muslim courts, and thereby place them in a perplexing and embarrassing situation, it became a lever which the Egyptian Bahá’í community, followed later by its sister-communities, readily utilized for the purpose of asserting the independence of its Faith and of seeking for it the recognition of its government. Translated into several languages, circulated among Bahá’í communities in East and West, it gradually paved the way for the initiation of negotiations between the elected representatives of these communities and the civil authorities in Egypt, in the Holy Land, in Persia and even in the United States of America, for the purpose of securing the official recognition by these authorities of the Faith as an independent religion.
In Egypt it was the signal for the adoption of a series of measures which have in their cumulative effect greatly facilitated the extension of such a recognition by a government which is still formally associated with the religion of Islám, and which suffers its laws and regulations to be shaped in a great measure by the views and pronouncements of its ecclesiastical leaders. The inflexible determination of the Egyptian believers not to deviate a hair’s breadth from the tenets of their Faith, by avoiding all dealings with any Muslim ecclesiastical court in that country and by refusing any ecclesiastical post which might be offered them; the codification and publication of the fundamental laws of the Kitáb-i-Aqdas regarding matters of personal status, such as marriage, divorce, inheritance and burial, and the presentation of these laws to the Egyptian Cabinet; the issuance of marriage and divorce certificates by the Egyptian National Spiritual Assembly; the assumption by that Assembly of all the duties and responsibilities connected with the conduct of Bahá’í marriages and divorces, as well as with the burial of the dead; the observance by all members of that community of the nine Holy Days on which work, as prescribed in the Bahá’í teachings, must be completely suspended; the presentation of a petition addressed by the national elected representatives of that community to the Egyptian Prime Minister, the Minister of the Interior and the Minister of Justice (supported by a similar communication addressed by the American National Spiritual Assembly to the Egyptian Government), enclosing a copy of the judgment of the Court, and of their national Bahá’í constitution and by-laws, requesting them to recognize their Assembly as a body qualified to exercise the functions of an independent court and empowered to apply, in all matters affecting their personal status, the laws and ordinances revealed by the Author of their Faith—these stand out as the initial consequences of a historic pronouncement that must eventually lead to the establishment of that Faith on a basis of absolute equality with its sister religions in that land.
A corollary to this epoch-making declaration, and a direct consequence of the intermittent disturbances instigated in Port Said and Ismá’ílíyyih by a fanatical populace in connection with the burial of some of the members of the Bahá’í community, was the official and no less remarkable fatvá (judgment) issued, at the request of the Ministry of Justice, by the Grand Muftí of Egypt. This, soon after its pronouncement, was published in the Egyptian press and contributed to fortify further the independent status of the Faith. It followed upon the riots which broke out with exceptional fury in Ismá’ílíyyih, when angry crowds surrounded the funeral cortège of Muḥammad Sulaymán, a prominent Bahá’í resident of that town, creating such an uproar that the police had to intervene, and having rescued the body and brought it back to the home of the deceased, they were forced to carry it without escort, at night, to the edge of the desert and inter it in the wilderness.
This judgment was passed as a result of the inquiry addressed in writing, on January 24, 1939, by the Egyptian Ministry of the Interior to the Ministry of Justice, enclosing a copy of the compilation of Bahá’í laws related to matters of personal status published by the Egyptian Bahá’í National Spiritual Assembly, and asking for a pronouncement by the Muftí regarding the petition addressed by that Assembly to the Egyptian Government for the allocation of four plots to serve as cemeteries for the Bahá’í communities of Cairo, Alexandria, Port Said and Ismá’ílíyyih. “We are,” wrote the Muftí in his reply of March 11, 1939, to the communication addressed to him by the Ministry of Justice, “in receipt of your letter ... dated February 21, 1939, with its enclosures ... inquiring whether or not it would be lawful to bury the Bahá’í dead in Muslim cemeteries. We hereby declare that this Community is not to be regarded as Muslim, as shown by the beliefs which it professes. The perusal of what they term ‘The Bahá’í Laws affecting Matters of Personal Status,’ accompanying the papers, is deemed sufficient evidence. Whoever among its members had formerly been a Muslim has, by virtue of his belief in the pretensions of this community, renounced Islám, and is regarded as beyond its pale, and is subject to the laws governing apostasy as established in the right Faith of Islám. This community not being Muslim, it would be unlawful to bury its dead in Muslim cemeteries, be they originally Muslims or otherwise...”