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The question

Is an engagement considered a marriage if it fulfills the the conditions and pillars of marriage, such as publicity, declaration, witnesses, and the guardian's consent, or not, and why?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

A marriage contract might be called a 'khitbah' (engagement) in some customs, but what matters is the conclusion of the contract with its legally recognized conditions and pillars, such as offer and acceptance, witness testimony, and the absence of impediments. If these are fulfilled, then a valid legal contract has occurred, even if it is called a 'khitbah', because in contracts, the meaning takes precedence over the wording. As for the 'khitbah' that resembles a contract in some ceremonies, it is merely a promise of marriage and can be revoked. Marriage is concluded by whatever people consider a marriage, in any language or action, and by the indications of the circumstances. If the gathering was merely for engagement, then it is not a marriage contract. But if it was for the purpose of concluding and finalizing the contract, then it is a marriage contract, even if it is called a 'khitbah'.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
94049
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy