Protecting Muslim Rights in E-Bidding:

An Evaluation of Shari’ah Issues and Challenges Considering Maqasid al-Shari’ah

Mohd Zakhiri Md Nor

Muhamad Azhari Wahid

Muhammad Fadhlullah Najimudin

Zaki Ahmad

Jawwad Ali

 

Abstract: Drawing on the classical concept of bay’ al-muzāyadah (auction sale) and the higher objectives of al-Shari’ah, this paper critically examines the compliance of online e-bidding platforms in Malaysia with Shari’ah principles, focusing on whether these platforms uphold Islamic ethical and legal standards. While e-bidding offers efficiency and market accessibility, its rapid growth has raised concerns regarding fraudulent practices, contractual irregularities, and elements of gharar (uncertainty) and maysir (gambling). Guided by the six-issue analytical framework that structures the study, the paper identifies and evaluates six key Shari’ah-related concerns: najash (shill bidding), joy bidding, ghabn fāhish (price manipulation), the status of floating money and tanazul (voluntary waiver/relinquishment of a legal right) on deposits, the trading of ribawī (usurious) items, and the sale of bidding tokens. Through qualitative content analysis, comprising document reviews, observation of live bidding sessions, and interviews with auctioneers, this paper analyses how these issues violate Islamic commercial norms. By assessing e-bidding both as a contemporary expression of bay’ al-muzāyadah and against the higher objectives of Shari’ah, the findings reveal significant gaps between current practices and Shari’ah compliance, calling for regulatory intervention, clearer standards, and ethical reform to ensure transparency, fairness and justice in digital auction systems.