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An Analytical Study of The Lexical and Syntactic Features in The Translation of Legal Texts Between English and Arabic

This study analyzes the lexical and syntactic features in the translation of legal texts, particularly commercial documents, between English and Arabic. It highlights key differences in vocabulary and sentence structure, aiming to improve translation accuracy and legal clarity. The research addresses challenges in legal translation and provides strategies for overcoming them, making it valuable for translators and legal professionals.

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Mohammed shafeeq
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100% found this document useful (1 vote)
64 views15 pages

An Analytical Study of The Lexical and Syntactic Features in The Translation of Legal Texts Between English and Arabic

This study analyzes the lexical and syntactic features in the translation of legal texts, particularly commercial documents, between English and Arabic. It highlights key differences in vocabulary and sentence structure, aiming to improve translation accuracy and legal clarity. The research addresses challenges in legal translation and provides strategies for overcoming them, making it valuable for translators and legal professionals.

Uploaded by

Mohammed shafeeq
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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An Analytical Study of the Lexical and Syntactic Features in

the Translation of Legal Texts between English and Arabic


With Special Reference to Commercial Documents
‫دراﺳﺔ ﺗﺤﻠﯿﻠﯿﺔ ﻟﻠﺴﻤﺎت اﻟﻤﻌﺠﻤﯿﺔ واﻟﺘﺮﻛﯿﺒﯿﺔ ﻓﻲ ﺗﺮﺟﻤﺔ اﻟﻨﺼﻮص اﻟﻘﺎﻧﻮﻧﯿﺔ ﺑﯿﻦ اﻹﻧﺠﻠﯿﺰﯾﺔ‬
.‫واﻟﻌﺮﺑﯿﺔ ﻣﻊ إﺷﺎرة ﺧﺎﺻﺔ إﻟﻰ اﻟﻮﺛﺎﺋﻖ اﻟﺘﺠﺎرﯾﺔ‬

Najia.K
An Analytical Study of the Lexical and Syntactic Features in the
Translation of Legal Texts between English and Arabic With Special
Reference to Commercial Documents

● Focuses on the translation of legal texts, especially commercial documents


(contracts, agreements, articles of association).
● Highlights key lexical and syntactic differences between English and Arabic.
● Aims to improve translation accuracy and legal clarity.
Legal Language & Its Characteristics

Main Features of Legal Language:

● Precision: Avoids ambiguity; uses technical terms.


● Formality: Highly structured and formal.
● Consistency: Uses repeated formulas and expressions.
● Authority: Establishes obligations, rights, duties.
Lexical Features of English & Arabic Legal Language

English Legal Lexicon:

● Technical terms: Plaintiff, defendant, Jurisdiction


● Fixed phrases: Null and void, Cease and desist
● Archaic words: hereby, aforesaid, hereafter
● Latin and French words and terms : bona fide ( partnership contract), minor

Arabic Legal Lexicon:

● Classical & religious roots: ‫ اﻟﻣﮭر‬،‫ اﻟﻌدة‬،‫اﻟوﻗف‬،


● Archaic words : ‫ ﺳﺎﻟف اﻟذﻛر‬،‫اﻟﻣذﻛور أﻋﻼه‬
● Formal vocabulary: ‫ ﺻﺎﺣب اﻟﺳﻣو اﻟﻣﻠﻛﻲ‬،‫( اﻟﻣدﻋﻰ ﻋﻠﯾﮫ‬defendant), ‫( اﻟﺗﻌوﯾض‬compensation)
● Gendered terms: arabic uses words that are marked for masculine like ،‫اﻟﻣﺳﺗﺄﺟر‬
‫اﻟﻣﺗﮭم‬،
Translation of Lexical Features

Challenges in Translating Lexicon:

● Non-equivalence: Some Arabic terms have no exact English equivalent


○ Example: ‫ وﺻﯾﺔ‬،‫اﻟﻌدة‬،
● Cultural references:
○ Example: ‫ ﻣﮭر‬،‫اﻟﯾﻣﯾن‬،
○ Strategies:
● Use functional equivalents when possible
● Add explanatory footnotes if needed
● Maintain terminological consistency across documents
Syntactic Features of English & Arabic

English Syntax in Legal Texts:

● Long, complex sentences with subordinate clauses


● Nominalization: “Termination of contract” instead of “to terminate”, assesment,
inspection
● Passive constructions: “The contract shall be terminated…”
● Modal auxiliaries : shall, should, may, must

Arabic Syntax in Legal Texts:

● Use of nominal sentences (‫ )اﺳﻣﯾﺔ‬for formal tone: ‫ﺑدء ﺳرﯾﺎن اﻟﻌﻘد‬


● Use of connectors: ‫( و‬and), ‫( ﺛم‬then)
● Frequent repetition for emphasis : : ‫ﺗﻧﺑﯾﮫ وإﻧذار‬
● Modals : ‫ ﻻ ﯾﺟوز‬،‫ﯾﺟب‬
● Passivisation : ‫ﯾﺗم اﻟﻌﻘد‬
Translation of Syntactic Features

challenges:

● Word order differences


● Omission of punctuation in Arabic can cause ambiguity in English
● Passive voice in English needs to be adapted to active or participial forms in
Arabic
● Modal auxiliaries and modal expressions : must, may , ‫ ﯾﺟب‬،‫ ﯾﺟوز‬،‫ﯾﺗﻌﯾن‬

Example:

● English: “The goods shall be delivered within 30 days.”


● Arabic: ً ‫ﯾﺗم ﺗﺳﻠﯾم اﻟﺑﺿﺎﺋﻊ ﺧﻼل ﺛﻼﺛﯾن ﯾوﻣﺎ‬.

Strategies:

● Preserve the legal effect, not just literal meaning


● Respect target-language norms while conveying source text
Review of Literature

● Legal translation is challenging due to differences in language and legal systems.


● Scholars like Šarčević (1997) and Cao (2007) focus on legal meaning over exact
wording.
● English–Arabic legal translation has been less studied.
● Key issues include legal terms, grammar, and style.
● Most studies ignore commercial legal documents—this study fills that gap.
Scope and Significance

● Focus: English-Arabic legal translation in commercial documents.


● Legal translation errors can cause serious problems.
● Study explores how grammar and word choices differ.
● Useful for translators, lawyers, and legal scholars.
● Helps improve accuracy in business legal texts.
Aims and Objectives

● Examine word and sentence features in English and Arabic legal texts.
● Focus on contracts and agreements.
● Find translation challenges and solutions.
● Use real documents from Dubai.
● Apply known translation models for analysis.
Hypothesis and Research Questions

● Hypothesis: English-Arabic legal texts differ greatly in structure and vocabulary.


● Key questions:
○ What are the main features in both languages?
○ How are they similar or different?
○ What are the translation problems?
○ What methods solve these issues?
Methodology

● Use real translated legal documents from Dubai.


● Sources: translation and typing centers.
● Focus: contracts, licenses, and legal letters.
● Method: compare English and Arabic versions.
● Analyze word choice and sentence structure.
Tentative Chapters
● Introduction: Overview of the study, objectives, and research focus.
● Chapter 1:
○ Key concepts and strategies in translation.
○ Focus on legal translation and its challenges.
○ Types of legal texts and translation difficulties.
● Chapter 2:

Examines key features of legal language in English and Arabic.


Compares vocabulary, grammar, and text structure in both.
Focuses on:

● Legal terminology and fixed expressions.


● Sentence structure and length.
● Use of modality (e.g., shall, may vs. Arabic equivalents).
Chapter 3:

● Structure and style of commercial legal texts.


● Examples: MOA, AOA, certificates.
● Translation issues in formal and complex documents.

Chapter 4:

● Lexical analysis of translated legal texts.


● Handling of culture-bound and legal-specific terms.
● Strategies to ensure precision and clarity.

Chapter 5:

● Syntactic analysis of translated texts.


● Focus on voice, sentence complexity, modality.
● How syntax affects meaning and legal tone.

Conclusion: Summary of findings and suggestions for translators.


Thanks

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