After the proclamation of the Republic, the course of Islamic legal theory (usul al-fiqh) was removed from the Faculty of Law curriculum, and this lesson has not been compensated. Ali Himmet Berki, noticed this long-standing gap in legal education, wrote Legal Logic and Interpretation which he based on the conceptual world of fiqh method for the lawyers of the period and aimed to provide its counterparts with a coherent legal logic and formation. This offers, which Berki put forward inspired by fiqh method, was not discussed enough in his period. This study emphasizes the necessity of using usul al-fiqh for today’s lawyers and students of law faculties, and aims to consider Berki’s proposal as a whole in his work. In the study, firstly, the contribution that the fiqh method can make to the jurists in understanding and interpreting the laws of human origin in the process that prompted Berki to write this work, and then the possibility of applying the principles of fiqh to a different legal system were mentioned. In the last section, Berki’s proposal in his work named Legal Logic and Interpretation has been evaluated as a whole.
Primary Language | Turkish |
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Subjects | Religious Studies |
Journal Section | Research Article |
Authors | |
Publication Date | June 15, 2021 |
Submission Date | March 24, 2021 |
Published in Issue | Year 2021 Volume: 57 Issue: 2 |
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