..(The Baha'i) legal structure has not come to the community as a result of external necessity, but was given by its founder Baha'u'llah as an integral part of His teaching. It is the first time in religious history that the legal structure of the community has not been put in the hands of men but has been given in documented form as part of the divine Revelation. Baha'u'llah is "the Judge, the Lawgiver and Redeemer of all mankind" and also "the Organizer of the entire planet". He has given His community its unchangeable and unconditional legal form and has thus made sure that a dispute over the right kind of structure cannot split the community of God as has so often happened in religious history (46:1)

The necessity for some formal organization is obvious. To be able to assert itself and be active in this world, which is a world of order, the community of God must have a legal structure. For this is the only guarantee of the unity of the believers, the only protection against the community breaking up and becoming divided. And were it not for this unity , the spiritual impulse bestowed upon mankind through the Revelation of Baha'u'llah would be dispersed and the spiritual forces latent within the Word of God would be dissipated before they could even take effect. This protection against schism and sect-forming is guaranteed through the authenticity of the constitution of the Baha'i community (46:2)

Besides, the legal institutions laid down by Baha'u'llah secure the continuity of divine authority and guidance. With the passing away of the prophet the divine guidance of the people of God would have ceased. In the Book he left behind, divine guidance can be found, but the Book has been revealed to last over a long period of time and therefore offers only a framework as far as social norms are concerned. As the times and conditions change, it becomes necessary to have complementary laws. This cannot be dependent upon the more or less imperfect and above all uncontrollable guidance of individual believers. It must be possible for legal guidance of the community to be recognized on an objective basis. In the Baha'i Faith divine guidance continues in an objective way, with an institution to which Baha'u'llah has promised his guidance and upon which he has conferred supreme authority. The Universal House of Justice has its residence in Haifa and leads the destinies of the Faith on the whole planet. The community order of Baha'u'llah is thus of a theocratic nature: god himself rules His people (46:3)

Moreover, this order has a democratic constitution. Through it, the demand for democracy is really taken seriously. Baha'u'llah emphasizes the importance of the coming of age as well as the responsibility of modern man. Therefore no distinction is made in the Baha'i Faith between clergy and laymen. There is no priesthood, no impersonal higher court which comes in between the believer and God and claims to confer grace, just as there are no sacraments. All legal power has been excluded from the realm of personal conscience. Baha'u'llah has expressly forbidden confession. For these reasons alone it is wrong to say that the Baha'i Faith is taking on the structure of a church. In its nature the Baha'i community is not a "church". Besides, individuals have no power of jurisdiction or executive authority at all, but what is accepted is the principle of collective guidance. The guidance and administration of the community on the local, national and international levels have been given to the "Houses of Justice" instituted by Baha'u'llah, their duties and prerogatives elucidated by 'Abdul-Baha and their election vested in the body of the believers. As these Houses of Justice are still at the embryonic stage of their development, they are called "Spiritual Assemblies" on the local and national levels. They must be "the trusted ones of the Merciful among men" and "regard themselves as the guardians appointed of God for all that dwell on earth". But the "principle of council" does not exist in the Marxist sense where a member of the institution is only a mouthpiece and can be recalled by the electors whenever they choose. In the Baha'i Faith, neither the elected bodies nor their individual members are responsible to their electors. There is no imperative mandate (47:1)

The democratic principle is realized with much greater consistency than in parliamentary democracy, for each believer who is of age can not only vote but is also actually-- not only in theory-- eligible for election. The votes and deliberations of these institutions are religious acts. They must take place in a spirit of prayer. All election campaigning, propaganda, electoral lists, election proposals, arrangements and candidatures, all party-forming, and therefore all compulsion coming from a party, in short, every attempt to influence the election and manipulate the consultative and voting processes are strictly condemned. This is not only because these conventions which poison all political life are contrary to the spirit of prayer, to the atmosphere of spiritual purity, humility and selflessness in which both election and consultation must take place, but above all because through them the believer's right to do only what prayer has inspired him to do would be impaired and the theocratic principle which is the basis of Baha'u'llah's order would be neglected (48:1)

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The Light Shineth in Darkness
Udo Schaefer