This study was conducted to analyse hadith and athar arguments in bay' 'inah contract based on the tarjih method. The study is based on the differences of opinion among Islamic scholars on the bay' 'inah contract on it authorise. Thus, the arguments from the disputing parties need to be analysed to determine the accurate opinion based on the tarjih method. This study is qualitative, starting with the library research, which collects secondary data from books and journals to form the research theory. Then all the arguments put forward by the scholars regarding the bay' 'inah contract were identified. Then the data were analysed using the content analysis method. The results of the study show two opinions on the bay' 'inah contract that the majority of scholars argue that the bay' 'inah contract is illegal. In contrast, the minority of scholars argue that the bay' 'inah is legal. The study also found that the opinion of the majority of scholars is rajih (accurate) after being analysed using the tarjih method that is because of the strength of hadith and athar arguments which specifically prohibits the bay' 'inah contract compared to the use of general ('umum) qiyas argument used by the minority.