Is it permissible for a man to enjoy a woman up to the private parts merely upon engagement and agreement on the dowry, based on the premise that the marriage contract (nikah) is a Sunnah and that what is obligatory is the offer and acceptance between the two parties?
The marriage contract differs from the engagement. Engagement is an expression of desire for marriage, while the contract has pillars and conditions, including offer and acceptance, and the presence of two Muslim witnesses. The contract is not required to be written, registered, or officiated by a marriage registrar.
If offer and acceptance occur during the engagement with a promise to formalize the contract later, then the marriage is not concluded until the agreed-upon contract is performed. However, if there is no promise to formalize the contract later, then custom is referenced: if custom dictates that what transpired was merely a promise, then the marriage is not concluded. If custom dictates that it was a contract, then it is so. Currently, the general practice is to differentiate between engagement and the marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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