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The question

What is the difference between the marriage contract (milk 'aqd) and the engagement (khitbah), and which of them permits a man to consummate his marriage with his wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Marriage has pillars without which it is not valid: the presence of the woman's guardian or his deputy, two just witnesses, and a formula indicating the contract. If these pillars are complete, the betrothed woman becomes a wife, and it is permissible for the suitor to enjoy her, including intercourse, but not anal sex.

The meanings of khitbah (betrothal) and mulkah (possession/marriage) vary according to customs. Khitbah may refer to a mere agreement to marry, and mulkah to the legal contract. Khitbah can also mean the contract itself. What permits enjoying the wife and consummating the marriage is the legal contract with all its pillars fulfilled.

As for before the legal contract, the betrothed woman is a stranger to the suitor, and it is forbidden for him to touch her, be alone with her, or speak with her without necessity or if there is fear of temptation.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
123935
Imported
Translation status
Source text, unreviewed
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