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The question

Is a betrothal in which phrases of offer and acceptance were recited and one euro was paid as mahr considered an urfi marriage or merely a betrothal, especially given the lack of clarity regarding the intentions of the parties involved?

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

The difference between an engagement (khitba) and a marriage contract (aqd) is that engagement is an expression of desire for marriage, whereas a contract has pillars and conditions, such as the offer and acceptance from the guardian and the groom, and the presence of two witnesses. If offer and acceptance occur during the engagement, the contract is not concluded except at the time of the legal marriage ceremony. Otherwise, one refers back to the prevailing custom in considering what transpired as a contract or merely a promise. The foregoing is affirmed by the fact that the contract is not concluded if the parties do not understand the meaning of the words. If what transpired was an engagement, there is no harm in breaking it off and accepting an engagement from another man, unless the second suitor knows that she is already engaged.

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Where this answer came from
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Ftawy
Original fatwa ID
29216
Imported
Translation status
Source text, unreviewed
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