Dear Christian,
I strongly support your effort to include references directly from authoritative writings and have included a couple of my own.
Would also like to mention that some of the "grounds" addressed by Loni were/are covered in the Synopsis and Codification of the Kitab-i-Aqdas. Those references follow the quotes.
lovingly, Sandra
In the strict legal sense there are no "grounds" for a Bah�'� divorce. No question of misbehavior of either party is involved and the only condition under which a Bah�'� divorce may be considered is the irreconcilable antipathy of the parties. Thus it is not sufficient that one or both of the parties has asked that the date for the beginning of the year of waiting be fixed; the Assembly must find the condition of irreconcilable antipathy to exist before the date can be fixed.
Letter from the Universal House of Justice, dated May 24, 1972, to a National Spiritual Assembly
In one of His Tablets, 'Abdu'l-Bah� refers to some of the spiritual and social implications of the violation of the laws of morality and, concerning the penalty here described, He indicates that the aim of this law is to make clear to all that such an action is shameful in the eyes of God and that, in the event that the offence can be established and the fine
imposed, the principal purpose is the exposure of the offenders -- that they are shamed and disgraced in the eyes of society. He affirms that such exposure is in itself the greatest punishment. The House of Justice referred to in this verse is presumably the Local House of Justice, currently known as the Local Spiritual Assembly.
(Baha'u'llah, The Kitab-i-Aqdas, p. 200)
C. Laws of Personal Status
<snipped>
(k) Should either party, following the recital of the specifically revealed verse and the payment of the dowry, take a dislike to the other, before the marriage is consummated, the period of waiting is not necessary prior to a divorce. The taking back of the dowry, however, is not permitted.
(l) The husband must fix for his wife the time of his return when intending to travel. If, for a legitimate reason, he is prevented from returning at the appointed time, he must inform her and strive to return to her. If he fails to fulfil either condition, she must wait 9 months, after which she may remarry, though it is preferable for her to wait longer. If news of his death or murder reaches her, and the news is confirmed by general report or by 2 reliable witnesses, she may remarry after the lapse of 9 months.
(m) If the husband departs without informing his wife of the date of his return, and is aware of the law prescribed in the Kit�b-i-Aqdas, the wife may remarry after waiting a full year. If the husband is unaware of this law, the wife must wait until news of her husband reaches her.
(n) Should the husband, after the payment of the dowry, discover that the wife is not a virgin, the refund of the dowry and of the expenses incurred may be demanded.
(o) If the marriage has been conditioned on virginity the refund of the dowry and of the expenses incurred may be demanded and the marriage invalidated. To conceal the matter, however, is highly meritorious in the sight of God.
(2) Divorce:
(a) Divorce is strongly condemned.
(b) If antipathy or resentment develop on the part of either the husband or the wife, divorce is permissible, only after the lapse of one full year. The beginning and end of the year of waiting must be testified by two or more witnesses. The act of divorce should be registered by the judicial officer representing the House of Justice. Intercourse during this period of waiting is forbidden and whoever breaks this law must repent and pay the House of Justice 19 mithqals of gold.
(c) A further period of waiting after divorce has taken place is not required.
(d) The wife who is to be divorced as a result of her unfaithfulness forfeits the payment of the expenses during the waiting period.
(e) Remarrying the wife whom one has divorced is permissible, provided she has not married another person. If she has, she must be divorced before her former husband can remarry her.
(f) If at any time during the waiting period affection should recur, the marriage tie is valid. If this reconciliation is followed by estrangement and divorce is again desired, a new year of waiting will have to be commenced.
(g) Should differences arise between husband and wife while travelling, he is required to send her home, or entrust her to a dependable person, who will escort her there, paying her journey and her full year's expenses.
(h) Should a wife insist on divorcing her husband rather than migrate to another country, the year of waiting is to be counted from the time they separate, either while he is preparing to leave, or upon his departure.
(i) The Islamic Law regarding remarriage with the wife whom one has previously divorced is abrogated.[21]
(Baha'u'llah, Synopsis and Codification of the Kitab-i-Aqdas, p. 41-43)
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