Is there any Baha’i laws that strikes you as being particularly archaic?
I'm not really of the mindset that looks to identify flaws or deficiencies in other religions, given the fact that this is obviously very relative across individuals and cultures.
In the context in which it emerged, mid-nineteenth century Persia from Twelver Shia Islam and Babism, the Baha'i laws were very radical and (for their time and place) egalitarian. So any criticism I could provide is 'relative', inasmuch as I'm speaking from the vantage point of secular contemporary Europe and Christianity. (That aside, if applied universally as proposed by Shoghi Effendi, that's where I'd see some major problems setting in. The moral / mystical dimension of the Baha'i Faith is a very distinct matter and I really have no qualms in that regard).
But, if specifically asked (and aside from the overall concept of divine positive law which we've already discussed is discordant with an orthodox Christian framework), I am of course willing to identify some laws that would give me some pause as to their applicability in a modern context.
I'll discuss a few in separate posts.
The inheritance laws come to mind first. Any Baha'i can write a will, and in that will bequeath or apportion their estate as they please, to whomsoever they please in any amount they please. But if the Baha'i dies intestate (without a will), as is unfortunately not uncommon due to accident or sudden illness, if they have a
non-Baha'i child or relative, they are disinherited by Baha'i law. Likewise, the inheritance is to be divided up differently for males and females.
See:
Bahá'í Reference Library - The Kitáb-i-Aqdas, Pages 182-184
9. Bahá’u’lláh states that non-Bahá’ís have no right to inherit from their Bahá’í parents or relatives (Q and A 34). Shoghi Effendi in a letter written on his behalf indicates that this restriction applies “only to such cases when a Bahá’í dies without leaving a will and when, therefore, his property will have to be divided in accordance with the rules set forth in the Aqdas...
The major features of the Bahá’í laws of inheritance in the case of intestacy are:
1. If the deceased is a father and his estate includes a personal residence, such residence passes to the eldest son (Q and A 34).
2. If the deceased has no male descendants, two thirds of the residence pass to his female descendants and the remaining third passes to the House of Justice (Q and A 41, 72). See note 42 concerning the levels of the institution of the House of Justice to which this law applies. (See also note 44.)
Now, in the modern context the first would be deemed religiously discriminating by the laws of all Western states that I know of, if applied civilly, whilst the latter would be viewed as sexually discriminatory. No one should be denied something they would normally be due owing to divergence of religious confession, because every citizen enjoys equal rights under the law.
And because we have family bonds here, close relatives, the law seems very harsh.
Test Acts and other such religiously discriminatory legislation were largely annulled in the West throughout the 19th century, although some persisted into the 20th.
The different portions given to men and women, would not be defensible in modern jurisprudence. What would the reason for this distinction be, other than some underlying gender essentialism derived from a patriarchal cultural context? Even the antiquated British succession law was amended earlier this decade to remove the restrictions placed upon Catholics and those favouring male inheritance to the throne over females:
Succession to the Crown Act 2013 - Wikipedia
The Baha'i succession law, if applicable in cases without a will, has an inherent male primogeniture - it favours explicitly the "eldest son" first and then other male family members over female members of the family.
In the cultural context of 1860s Persia, the Baha'i law would be very progressive.
But if applied - as it appears it would be in a future Baha'i state or global commonwealth, given that the Aqdas is deemed to be the divinely-revealed positive law code of the future theocracy - this would be very regressive in 21st century liberal, Western societies.