nine mithqáls of gold, to be doubled if they should repeat the offenceA mithqál is a unit of weight. The weight of the traditional mithqál used in the Middle East is equivalent to 24 nakhuds. However, the mithqál used by the Bahá’ís consists of 19 nakhuds,
“in accordance with the specification of the Bayán” (Q&A
23). The weight of nine of these mithqáls equals 32.775 grammes or 1.05374 troy ounces.
In relation to the application of the fine,
Bahá’u’lláh clearly specifies that each succeeding fine is double the preceding one (Q&A
23); thus the fine imposed increases in geometrical progression. The imposition of this fine is intended
for a
future condition of
society, at which time the law will be supplemented and applied by the Universal House of Justice.
Should anyone intentionally destroy a house by fire, him also shall ye burn; should anyone deliberately take another’s life, him also shall ye put to death.The law of
Bahá’u’lláh prescribes the death penalty
for murder and arson, with the alternative of life imprisonment (see note
87).
In His Tablets ‘Abdu’l-Bahá explains the difference between revenge and punishment. He affirms that individuals do not have the right to take revenge, that revenge is despised in the eyes of God, and that the motive
for punishment is not vengeance, but the imposition of a penalty
for the committed offence. In
Some Answered Questions, He confirms that it is the right of
society to impose punishments on criminals
for the purpose of protecting its members and defending its existence.
With regard to this provision, Shoghi Effendi in a letter written on his behalf gives the following explanation:
In the Aqdas
Bahá’u’lláh has given death as the penalty
for murder. However, He has permitted life imprisonment as an alternative. Both practices would be in accordance with His
Laws. Some of us may not be able to grasp the wisdom of this when it disagrees with our own limited vision; but we must accept it, knowing His Wisdom, His Mercy and His Justice are perfect and
for the salvation of the entire world. If a man were falsely condemned to die, can we not believe Almighty God would compensate him a thousandfold, in the next world,
for this human injustice? You cannot give up a salutary law just because on rare occasions the innocent may be punished.
The details of the Bahá’í law of punishment
for murder and arson, a law
designed for a
future state of
society, were not specified by
Bahá’u’lláh. The various details of the law, such as degrees of offence, whether extenuating circumstances are to be taken into account, and which of the two prescribed punishments is to be the norm are left to the Universal House of Justice to decide in light of prevailing conditions when the law is to be in operation. The manner in which the punishment is to be carried out is also left to the Universal House of Justice to decide.
In relation to arson, this depends on what
“house” is burned. There is obviously a tremendous difference in the degree of offence between the person who burns down an empty warehouse and one who sets fire to a school full of children.