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?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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