Validity of sale and purchase agreement using coin flip system: A perspective from Indonesian civil code and Islamic commercial law

Hakim, Danial Malikul and Al Munawar, Faishal Agil ORCID: https://orcid.org/0000-0002-8200-5096 (2025) Validity of sale and purchase agreement using coin flip system: A perspective from Indonesian civil code and Islamic commercial law. Journal of Modern Islamic Studies and Civilization (JMISC), 3 (3). pp. 340-356. ISSN 2987-9906

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Abstract

The Coin Flip system is an innovative method in sale and purchase agreements, where the price is determined by a coin toss. It is used when negotiations between the buyer and seller reach a deadlock, introducing a random element to the price determination, which differs from traditional methods. This study aims to analyze the validity of the Coin Flip system under both positive law (the Civil Code) and Islamic commercial law (fiqh muamalah). The focus is on whether the system meets the requirements for a valid agreement in the Civil Code and Islamic law. Additionally, the research examines the issue of maysir (gambling) involved in this system, which is crucial in sale agreements. The study employs a normative juridical method with a conceptual and legislative approach, utilizing primary, secondary, and tertiary legal sources. Data was collected through literature review and analyzed qualitatively. The findings show that the Coin Flip sale agreement is valid according to the Civil Code, as it satisfies both subjective and objective conditions, including a voluntary agreement between legally competent parties with a clear price and valid object. However, the system is not valid under fiqh muamalah, as it lacks a clear and definite price and includes elements of maysir (gambling), which is prohibited in Islam.

Item Type:	Journal Article
Keywords:	Sale and Purchase Agreement; Coin Flip; Civil Code; Islamic Commercial Law
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180104 Civil Law and Procedure 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180106 Comparative Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation 18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012701 al-Bai’ (incl. al-Khiyar) 18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012799 Mu'amalah (Islamic Commercial & Contract Law) not elsewhere classified 22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220403 Islamic Studies 22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220403 Islamic Studies > 22040304 Fiqh, Ushul Fiqh, Islamic Jurisprudence, and related science 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Faishal Agil Al Munawar
Date Deposited:	22 Sep 2025 11:26

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