THE CONSTRUCTION OF MUSYARAKAH MUTANAQISHAH (MMQ) CONTRACT IN THE FATWA OF NATIONAL SHARIA BOARD-INDONESIAN ULEMA COUNCIL NUMBER 73/DSN-MUI/XI/2008 Panji Adam, Sharia Faculty, Unisba, panjiadam06@gmail.com Neni Sri Imaniyati, Law Faculty, Unisba, imaniyati@yahoo.com Neneng Nurhasanah, Sharia Faculty, Unisba, nenengnurhasanah@yahoo.com
Sharia Faculty and Law Faculty Universitas Islam Bandung
Abstract
The musyarakah mutanaqishah contract is a contract that is not known in classical literature, but it is a development of musyarakah contract. This contract is a multi-contract domain because it combines several contracts. Discussions and debates conducted by the scholars regarding the legal status of musyarakah mutanaqishah contract deserve to be studied in depth, especially as stated in the fatwa of DSN-MUI. The purposes of this research are, first, to explain the construction of the musyarakah mutanaqishah contract in the fatwa of DSN-MUI- second, to discover the ijtihad method of DSN-MUI in formulating fatwa on musyarakah mutanaqishah. The research method used a normative juridical approach and descriptive analytical as its specification. The type of data used secondary data collected by library study method and qualitative data analysis. The results show that first, the musyarakah mutanaqishah contract in the fatwa of DSN-MUI uses a multi-contract concept (al-uqud al-murakkabah) and a binding promise concept (al-waad al-mulzim) which is based on the strongest opinion that the two concepts are legally allowed and second, the ijtihad pattern used by the DSN-MUI in formulating fatwa on the musyarakah mutanaqishah contract is based on the arguments in the form of Qur^an, hadith, the opinions of classical and contemporary scholars and maslahat considerations.
Keywords: Musyarakah Mutanaqishah Contract, Fatwa of DSN-MUI, Multi-Contract, Binding Promise
Topic: Law and Ethics in Terms of Islamic Perspective
