Niyazi Berkes (1908-1988) is an important intellectual and sociologist known for his views on Turkish modernization and secularization. Berkes resolves the issue of modernization from an enlightened-positivist, modernist, western centrist paradigm. Therefore, we can easily say that all criticisms of the mentioned paradigm can be directed to Berkes. Although his writings on the subjects such as the Qur’an, Sunnah, Islamic Law and Sufism contain interesting and valuable determinations; it has contradictions and limitations caused by being a stranger to divinity, relying on the biased interpretations of orientalists and having an enlightened-positivist conception of religion. Berkes’ determinations that Islamic Law based on religious dogmas creates a static society, is against social change and is far from meeting modern needs; in our opinion, does not reflect the truth. Fiqh scholars have accepted customs and folkways that are not contrary to the spirit of religion and clear dogmas, and have determined that the provisions will change with the change of time as one of the pillars of Islamic Law. In their judgments, they respected the public interest and made jurisprudence on matters where in dogmas there is no definite judgment about them taking into account the social reality, provided that they take into account the fundamental purposes of religion.