Is the Shariah-compliant contract considered concluded during the engagement phase, given that the conditions for the contract are met, or does the intention make it concluded in the third phase, and at which phase does the wife become permissible to the husband?
The answer encompasses four points: 1. The engagement (khitba), if it fulfills the pillars of a legitimate marriage contract (the woman's guardian or his proxy, two just witnesses, and a formula indicating the contract), then it takes the place of a legitimate contract and permits enjoyment. The intention that it is merely an engagement does not prevent the marriage from being concluded by it. 2. The civil contract at the municipality is a documentation of the marriage and is commendable to guarantee rights, but it is not a condition for the validity of the marriage. 3. The legitimate contract in the mosque, if it is a repetition of the first contract that met the conditions, then there is no need for it, and what is considered is the first contract. 4. The wedding feast (walima) is recommended.
Accordingly, if the first stage (engagement/khitba) met the pillars of a valid marriage, then the marriage was concluded by it, and enjoyment between the spouses became permissible, even if the intention was that it was merely an engagement and not a legitimate contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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