Baha'u'llah sets out "the criterion of justness" in relation to witnesses
as "a good reputation among the people". He states that it is not
necessary that the witnesses should be Baha'is since "The testimony of all
God's servants, of whatever faith or creed, is acceptable before His
Throne" (Q and A 79).
100. Should resentment or antipathy arise between husband and wife, he is
not to divorce her but to bide in patience throughout the course of one
whole year #68
Divorce is strongly condemned in the Baha'i Teachings. If, however,
antipathy or resentment develop between the marriage partners, divorce is
permissible after the lapse of one full year. During this year of
patience, the husband is obliged to provide for the financial support of
his wife and children, and the couple is urged to strive to reconcile
their differences. Shoghi Effendi affirms that both the husband and wife
"have equal right to ask for divorce" whenever either partner "feels it
absolutely essential to do so".
In Questions and Answers, Baha'u'llah elaborates a number of issues
concerning the year of patience, its observance (Q and A 12), establishing
the date of its beginning (Q and A 19 and 40), the conditions for
reconciliation (Q and A 38), and the role of witnesses and the Local House
of Justice (Q and A 73 and 98). In relation to the witnesses, the
Universal House of Justice has clarified that in these days the duties of
the witnesses in cases of divorce are performed by the Spiritual
Assemblies.
The detailed provisions of the Baha'i laws on divorce are summarized in
the Synopsis and Codification, section IV.C.2.a.-i.
101. The Lord hath prohibited ... the practice to which ye formerly had
recourse when thrice ye had divorced a woman. #68
This relates to a law of Islam set out in the Qur'an which decreed that
under certain conditions a man could not remarry his divorced wife unless
she had married and been divorced by another man. Baha'u'llah affirms that
this is the practice which has been prohibited in the Kitab-i-Aqdas (Q and
A 31).
102. He who hath divorced his wife may choose, upon the passing of each
month, to remarry her when there is mutual affection and consent, so long
as she hath not taken another husband ... unless, clearly, her
circumstances change. #68
Shoghi Effendi states, in a letter written on his behalf, that the
intention of "the passing of each month" is not to impose a limitation,
and that it is possible for a divorced couple to remarry at any time after
their divorce, so long as neither party is currently married to another
person.