Author
Fatih Yücel
Publication Place
Presidency of Religious Affairs -
Presidency of Religious Affairs
Subject
Diyanet scientific journal, 2021-06, Vol.57 (2), p.595-632
Type
Book
Language
ara,tur
Digital
Yes
Manuscript
No
Library
Leitir Library
Library Asset ID
ISSN: 1300-8498, DOI: 10.61304/did.902342
Record ID
cdi_doaj_primary_oai_doaj_org_article_f8532ee4c80241f4ac74d360ebdc6324
Library Location
DOAJ Directory of Open Access Journals
Notes
In the period after the proclamation of the Republic, the course of fiqh was removed from the curriculum of the Faculty of Law; However, this course cannot be replaced. Ali Himmet Berki, who noticed this gap in legal education that continued for many years, wrote his work titled Legal Logic and Interpretation for the jurists of the period, based on the conceptual world of fiqh procedure; In this work, he aimed to provide legal logic and formation to lawyers in terms of understanding and interpreting legal texts. This suggestion, which Berki put forward inspired by the method of fiqh, was not discussed sufficiently in his period. This study emphasizes that benefiting from the fiqh procedure is a necessity for today's jurists and aims to address the suggestion put forward by Berki in his work as a whole. In the study, firstly, the process that led Berki to write this work, the contributions that usul al-fiqh can make to jurists in understanding and interpreting laws of human origin, and then the possibility of applying the principles of fiqh procedure to a different legal system are touched upon. In the last chapter, the suggestion put forward by Berki in his work was evaluated as a whole.
Detaylı Başlık
FIKIH USÛLÜNÜN MEDENÎ KANUNUN YORUMLANMASINA KATKISI -ALİ HİMMET BERKİ’NİN HUKUK MANTIĞI VE TEFSİR İSİMLİ ESERİ ÖRNEĞİNDE
