An assessment of Şakir Berki's opinions about Islamic law

In the Ottoman Empire, the problems related to rights were resolved within the framework of shar'i law and customary law, and the ijtihad mechanism was kept open in the open field of ijtihad. Of course, the deterioration in the military field is not the only responsible for the period when the empire lost its power. There were mistakes in the political, economic, social and religious fields, in the field of decision and implementation, and the Ottoman Empire entered a period of collapse. In the same period, Western Civilization began to rise and solved many of its problems with the lessons it learned from its past mistakes. Although the Ottomans tried to benefit from the example that was right next to them, the confusion in the state prevented the desired results from being achieved. The new Republic of Turkey, which thinks, works, wins and tries to succeed, has turned its face to the West while rebuilding the social structure. Breeding will be insufficient and will cause a waste of time. In this context, what needs to be done is to create alternative institutions and there is an example of a successful Western civilization right next to it. What is important here is will this "exemplary civilization" be imitated or will it be adapted to the value judgments of this nation? The Civil Code was taken from Switzerland by imitation, and religious education was removed from the field of primary and secondary education and then higher education in the first years of the Republic. In our thesis, we tried to deal with the example of the late Şakir Berki, a civil lawyer who was educated in the framework of Civil Law and graduated from Ankara University Faculty of Law, to show with examples that the deficiencies of our laws in force can be completed with solutions in Islamic law without compromising academic knowledge, measure and quality, and without insulting our civil law. Şakir Berki, despite the fact that Islamic law has a place in the field of comparative law in Western societies, befitting the sense of responsibility he has placed on himself as a scientist; he stated that it is tried to be ignored in our country and explained with examples that Islamic law is consistent, universal and applicable in every period.