Shariah Analysis on the Concept and Application of Whispering Auction Sales: A Case Study of Pasar Bisik Kuala Muda Kedah

Auction is a sale process practiced by communities by offering goods or services for bid and selling them to the highest bidder. normally, the auction is implemented openly, but there are some people who did it in secret in which the buyer or bidder will whisper alternately price offered to the seller and followed by the other bidders as what happened in the market mechanism in kuala muda malaysia which called as pasar bisik. this paper aimed to examine the extent of compliance of the auction sale conducted by whisper to the islamic law in terms of fulfillment of the principles and conditions of sale contract. the study found that selling auction by whisper is like an ordinary auction sale practice which made either bright light or in writing even in the online auction, ie when the rules and conditions can be fulfilled and independent of the main elements of which are prohibited; riba, gharar, najsy, curbun and maysir. rather than that, islam is very concerned and considering the good habit or practice among the society to make it as a rule based on islamic legal maxims (al-cadat muhakkamah) and (al-macruf curfan ka al-masyrut syartan).