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The Commercial Nature of Marriage Brokerage | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 52, Volume 17, Issue: 1 part 2, June 2026, Pages 1103-1140 PDF (852.78 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.173311.1635 | ||
| Author | ||
| Ibrahim Hamoud Muhanna* | ||
| College of Law, University of Anbar | ||
| Abstract | ||
| The marriage contract is one of the most important contracts in Islamic law, as it is the cornerstone of building the family, which forms the nucleus of society. Since finding a suitable spouse and reaching a stage of compatibility and marriage is a difficult matter that concerns many individuals about to marry within society, due to the importance of making a good choice to avoid many problems that may arise in married life, many have resorted to a natural or legal person who practices the art of mediation to bring two parties together in preparation for concluding their marriage contract. This research aims to clarify the commercial nature of mediation in marriage contracts and to arrive at a sound legal classification of the marriage mediation contract, as well as to clarify the legal status of the parties involved (the rights and obligations of the two parties). The importance of the topic stems from the importance of marriage and the issues related to it, including the issue of mediation between the parties to the marriage contract, which has become widely practiced by both individuals and companies, especially after its full recognition as legitimate by Islamic scholars and the French judiciary. In this study, the researcher adopted an analytical approach, as well as a comparative approach, to benefit from existing laws addressing the topic, including French law. The study concluded that marriage mediation constitutes commercial brokerage when conducted for a fee, professionally, and through a commercial organization. | ||
| Keywords | ||
| The brokerage; The brokerage contract in marriage; The legal nature of the brokerage contract; marriage; customer | ||
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