January 17. On this date in 1961, three court-appointed experts in Turkey agreed that the Bahá'í Faith was not a "Tarighat". In 1905, 'Abdu'l-Bahá wrote the sultan a letter protesting that his followers refrain from involvement in partisan politics and that his tariqa had guided many Americans to Islam.
January 17. On this date in 1961, three court-appointed experts in Turkey agreed that the Bahá'í Faith was not a "Tarighat" although the court later declared on July 15, 1961, that the Bahá'í Faith was a "Tarighat". In 1905, in response to a Commission of Inquiry, 'Abdu'l-Bahá wrote the sultan a letter protesting that his followers refrain from involvement in partisan politics and that his tariqa had guided many Americans to Islam.
To the National Spiritual Assemblies of the Bahá'ís of the United States, Canada, the British Isles, Germany, Italy and Switzerland
September 14, 1961
Dear Bahá'í Friends:
As you know, for the last two years the Faith has been under attack in Turkey, starting with the arrest of a number of believers in Ankara during Naw-Rúz of 1959, when the police imprisoned members of the Local Spiritual Assembly. This incident received wide publicity in the press. Subsequently the friends were released from prison, but a court case was brought against the Bahá'ís by the public prosecutor, who claimed that the Faith was a "Tarighat", one of those sects of lslám whose rituals, practices and forms of worship are forbidden by the law of the country.
Since then this matter has been the subject of lengthy litigation, with the Bahá'ís endeavouring to prove and establish the status of the Faith as an independent world religion, and the prosecuting authorities endeavouring to classify it as a forbidden sect of lslám.
The case is now to go to the high court on appeal, and the National Spiritual Assembly of Turkey has informed us that they believe that representations to the Turkish Ambassador in your respective countries' would be helpful, as these diplomatic representatives will then inform their government of these visits and the proofs which representatives of your Assembly will present showing the completely independent character of the Faith, as well as its world-wide acceptance as a universal religion completely dissociated from Islám or any other revealed religion.
In order that you may thoroughly understand the background of this situation, we share with you the following summary of the development of the case against the Faith in Turkey.
Following the Turkish revolution in the 1920's, church and state were separated, but the major world religions, including the four recognized schools of thought of Sunni lslám-Maliki, Hanbali, Shafei and Hanafi-were left free to follow their beliefs and practices. However, according to Article 163 of the Turkish Criminal Code, the practice of every form of "Tarighat" was forbidden, and those who indulged in the forbidden rituals and practices of these Muslim sects were subject to severe punishment. Among these "Tarighat" are included the Naghshbandi, Molvai, Jalali and Refai sects. The Government of modem Turkey felt that the rituals and practices of these sects of Islam were out of place in modern life and harmful to the people; therefore they were forbidden.
It is clear that identification of the Faith with these forbidden sects would be a very bad blow for the Cause and conversely, if a high court of appeal in a Muslim country were to recognize the independent character of the Faith, it would be a very significant victory for the Cause, not only in Turkey, but throughout the East.
The original arrest of the members of the Local Spiritual Assembly in Ankara and the court case which followed resulted in wide publicity for the Cause, and most of the leading newspapers in the country opposed the action of the public prosecutor, and declared that the Faith was an independent religion. At that time many documents were sent to Turkey from the World Centre and from various National Assemblies to establish and prove the independent character of the Cause. The court requested three experts in comparative religion to study the matter and give their opinion. Two of the three experts appointed expressed the view that the Bahá'í Faith was an independent religion, and one claimed that it was a sect of Islam. After receiving this report, the court then appointed three outstanding religious scholars to review all aspects of the question and advise the court of their views. All three of these scholars agreed in a finding that the Faith was an independent religion, and sent a documented statement containing authenticated proofs to the court on January 17, 1961. In this historic document the panel of experts proved that the Cause has nothing to do with "Tarighat" or forbidden sects of Islam, and that it is an independent religion comparable to Islam and Christianity.
After this document was submitted to the court, everyone was certain that the Court would issue its decree in accordance with the findings of these experts. However, the judges chose to disregard these findings entirely, and suddenly on July 15, 1961, declared that the Bahá'í Faith was a "Tarighat". Following this unexpected decision, the Bahá'ís of Ankara were forgiven, on the grounds that their gathering constituted a criminal case and under the general amnesty provisions of the law they could be released, that is, the case against them dropped. The court did say, however, that its decision could be appealed.
The National Spiritual Assembly of Turkey has decided to make a strong appeal to the higher court, and as indicated previously, this National Assembly believes that proper representations by your bodies to the Turkish Ambassadors in your respective countries will be helpful.
Therefore we request that you appoint without delay a well-qualified delegation composed of Western friends (the effect will be greater if the delegations do not include any of the Persian believers who may be residing in your respective countries) to call upon the Turkish Ambassador, explain your position as national representatives of the Bahá'í Community in your respective countries, indicate your great interest in a proper and just outcome of the pending case in Turkey, and give explanations and appropriate proofs of the independent character of the Faith and its world-wide scope as a separate revealed religion. In view of the highly nationalistic feelings of the Turkish people, particularly Turkish officials, we suggest that the representations to be made by your representatives do not in any way take the form of a protest. In other words, the approach should be a mild and friendly one, emphasizing the great interest which the Bahá'ís in your countries have in this matter.
We shall be very much interested in receiving in due course a report on the steps taken to carry out this request from the National Assembly of Turkey. We shall offer ardent prayers in the holy Shrines that all of these efforts will be divinely guided and assisted and that another great victory for the Faith may be won.
1 It is specifically requested that in the case of the Italo-Swiss National Assembly, the contact be made with the Turkish Ambassador in Switzerland. We do not believe that a visit to the Ambassador in Italy would be advisable at this time.
With warm Bahá'í love,
In the service of the beloved Guardian,
HANDS OF THE CAUSE IN THE HOLY LAND
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