ABSTRACT
The musyârakah mutanâqishah contract is a development of musyârakah contract. It a multi-contract domain is because it combines several contracts. Discussions and debates conducted by the scholars regarding the legal status of musyârakah mutanâqishah contract deserve to be studied in depth. Therefore, this research aimed at explaining the construction of musyârakah mutanâqishah contract in the fatwa of DSN-MUI and discovering ijtihad method in formulating fatwa on musyârakah mutanâqishah.The method used normative juridical approach and descriptive analytical as its specification. The type of data used secondary data collected by library study and analyzed qualitatively. The results show that in the fatwa of DSN-MUI, the musyârakah mutanâqishah contract uses a concept of multi-contract (al-‘uqȗd al-murakkabah) and binding promise (al-wa’ad al-mulzim), which are legally allowed based on the strongest opinion, and the ijtihad pattern is based on the arguments in Qur’an, hadith, the opinions of classical and contemporary scholars, and maslahat considerations.
