عقد السمسرة : دراسة مقارنة

Abstract EN

This study aimed to shed light on the concept of the brokerage, the parties of its contract, the implication of it, and its authentication in Islamic law as the primary source of the of law in Sudan, the study concluded that the work of brokers and brokerage consider as one of the oldest profession.

Brokerage has been known in most fields of transaction especially in the commercial transaction, and it considered as one of the old professions it have been known before the advent of Islam, the early Muslims in the era of the Prophet peace be upon him used it in their transaction.

the brokerage has great importance at the present time because of the difficulty of direct communication between people who are interested in the contract, therefore the most cases entail broker to involve between the parties of the contract, the importance of brokerage is not limited to facilitate the commercial contracts such as a contract of sale, insurance, transport and others, but surpassed to civil contracts such as selling real estate, purchase and lease.

The brokerage contract considered as a commercial business where all the texts that dealt with brokering considered it as from of business by nature, looking at the brokerage contract as a contract like any other contract, it must be include all pillars necessary for contract such satisfaction and be true flawless issued from a person with the necessary capacity, as required availability of the principle which is set by the contract, and has cause or the direct purpose which is intended and it should be a legitimate purpose.