摘要:The following article tries to investigate the main problem concerning the form of intellectual exercise and some background factors that influence on fatwa legislation that conducted by Indonesian Syariah Council (Dewan Syariah Nasional) of the Council of Indonsian Ulama (MUI) regarding syariah banking product. The result of this research revealed that the ijtihad pattern that used is analogical reasoning (ta’lili or qiyasi), and that of public welfare consideration (istislahi). Some factors that involving are to accomodate society willing to avoid the interest, and its instead of it is partnership, the product based on Islamic moral values, preventing invironment destruction and moral decadenceKeywords: ijtihad, fatwa, syariah, ulama, dan pola.