This assignment requires basic knowledge of French language ,,, In this video, the speaker tells the story of two people driving from the United States into Canada who notice that the French translat

• What are the features of English and Arabic legal texts? • What are the similarities and differences of English and Arabic legal texts? • What are the difficult areas of legal translation between English and Arabic legal texts? • What are the techniques for translating these difficult areas on the lexical and syntactic levels?

Features include: • a thorough description of the features of legal translation in both English and Arabic, drawing on new empirical research, corpus data analysis and strategic two- way com - parisons between source texts and target texts • coverage of a broad range of topics including an outline of the chosen framework for data analysis, a historical survey of legal discourse developments in both Arabic and English and detailed analyses of legal literature at both the lexical and syntactic levels • attention to common areas of difficulty such as Shariʿah Law terms, archaic terms and model auxiliaries • many examples and excerpts from a wide selection of authentic legal documents, re - inforced by practical discussion points, exercises and practice drills to encourage active engagement with the material and opportunities for hands- on learning.

Wide- ranging, scholarly and thought- provoking, this will be a valuable resource for advanced undergraduates and postgraduates on Arabic, translation studies and comparative linguistics courses. It will also be essential reading for translation professionals and researchers working in the field.

Hanem El-Farahaty is Teaching Fellow in the Department of Arabic and Middle Eastern Studies at the University of Leeds, UK, and an Associate of the Higher Education Academy.

She is also a Lecturer in the University of Mansoura, Egypt. This page intentionally left blank Arabic–English–Arabic Legal Translation Hanem El-Farahaty First published 2015 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2015 Hanem El-Farahaty The right of Hanem El-Farahaty to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalog record for this book has been requested ISBN: 978-0-415-70752-7 (hbk) ISBN: 978-0-415-70753-4 (pbk) ISBN: 978-1-315-74589-3 (ebk) Typeset in Times New Roman by RefineCatch Limited, Bungay, Suffolk To My Family This page intentionally left blank List of figures xi List of tables xii List of abbreviations xiii Acknowledgments xiv 1 Introduction 1 1.1 Aims of the book 1 1.2 Hypothesis and research questions 1 1.3 Research on the problems of legal translation: a brief review 2 1.4 Methodology 3 1.5 Data analysis 3 1.6 Structure of the book 3 2 English and Arabic legal discourse and legal translation 6 2.1 Introduction 6 2.2 What is legal translation? 6 2.3 Historical background of legal discourse and legal translation in the English tradition 6 2.4 Historical background of legal discourse and legal translation in the Arabic tradition 8 2.5 Categories of legal translation 11 2.5.1 Legal translation with respect to functions of legal discourse 11 2.5.2 Legal translation with respect to categories of legal discourse 12 2.6 Approaches to legal translation: a brief review of translation theory 15 3 Features of English and Arabic legal discourse 20 3.1 Introduction 20 3.2 Features of English legal discourse 20 3.2.1 Lexical features 20 3.2.1.1 Archaic terms 21 3.2.1.2 Latin and French terms 21 3.2.1.3 Formal terms 22 3.2.1.4 Religious, culture- specific and system- based lexis 22 3.2.1.5 Other lexical features 22 3.2.2 Syntactic features 23 3.2.2.1 Nominalization 23 Contents viii Contents3.2.2.2 Passivization 23 3.2.2.3 Wh- deletion 24 3.2.2.4 Conditionals, prepositional phrases and restrictive connectors 24 3.2.2.5 Complex sentences 24 3.2.2.6 Performative verbs and modals 25 3.2.2.7 The use of negation 28 3.2.2.8 Binomial expressions/doublets and triplets 28 3.2.3 Textual features 29 3.2.3.1 Elements of cohesion 29 3.3 Features of Arabic legal discourse 31 3.3.1 Introduction 31 3.3.2 Lexical features 31 3.3.2.1 Religious, culture- specific and system- based terms and expressions 34 3.3.2.2 Formality 35 3.3.2.3 Gender- biased terms 37 3.3.2.4 Archaic terms 40 3.3.3 Syntactic features 40 3.3.3.1 Nominalization 40 3.3.3.2 Passivization 41 3.3.3.3 Modals 42 3.3.3.4 Complex sentence structure 42 3.3.3.5 Doublets and triplets 43 3.3.3.6 Participles 43 3.3.4 Textual features 44 3.3.4.1 Lexical repetition 45 3.3.4.2 Reference 50 3.3.4.3 Conjunctions and punctuation 51 3.4 Exercises and discussions: features of legal English and legal Arabic 52 4 Framework for data analysis 59 4.1 Introduction 59 4.2 Vinay and Darbelnet’s model 59 4.2.1 Direct translation 59 4.2.1.1 Borrowing 60 4.2.1.2 Calque 60 4.2.1.3 Literal translation 60 4.2.2 Oblique translation 61 4.2.2.1 Transposition 61 4.2.2.2 Modulation 61 4.2.2.3 Equivalence 62 4.2.2.4 Adaptation 62 4.3 Alcaraz Varó and Hughes’ techniques of adaptation 62 4.3.1 Transposition 63 4.3.2 Expansion 63 4.3.3 Modulation 63 Contents ix 4.4 Baker’s levels of equivalence 63 4.4.1 Equivalence at word level and above word level 63 4.4.2 Grammatical equivalence 65 4.4.3 Textual equivalence 65 4.5 Methodology 65 4.5.1 The lexical level 66 4.5.2 The syntactic level 66 4.5.2.1 Modal auxiliaries in English and Arabic 66 4.5.2.2 Modal auxiliaries in English 66 4.5.2.3 Modal auxiliaries in Arabic 69 4.5.2.4 Passivization in English and Arabic 71 4.5.3 Addition and omission 75 4.6 List of documents for data analysis 75 4.6.1 English–Arabic documents 76 4.6.2 Arabic–English documents 76 5 Analysis of Arabic–English–Arabic texts: the lexical level 78 5.1 Introduction 78 5.2 Analysis of religious, culture- specific and system- based terms and phrases in Arabic–English official and legislative documents 78 5.2.1 Quantitative analysis of religious, culture- specific and system- based terms and phrases 78 5.2.2 Qualitative analysis of religious, culture- specific and system- based terms and phrases 79 5.2.2.1 Reference to God 79 5.2.2.2 Religious terms and concepts 81 5.3 Religious, culture- specific and system- based terms and phrases in Arabic–English international documents 87 5.3.1 Quantitative analysis of religious, culture- specific and system- based terms and phrases in the UIDHR 88 5.3.2 Qualitative analysis of the frequency of techniques of translating culture- specific and system- based terms and phrases in the UIDHR 89 5.3.2.1 Translation by ‘omission’ 89 5.3.2.2 Translation by ‘adaptation’ 90 5.3.2.3 Translation by both ‘literal’ translation and ‘borrowing’ 91 5.3.2.4 Translation by ‘addition’ 93 5.4 Analysis of English–Arabic system- based and culture- specific terms 95 5.4.1 A note on the concept of civil partnership 95 5.4.2 Quantitative analysis of English–Arabic culture- specific system- based terms and phrases 95 5.4.3 Qualitative analysis of English–Arabic system- based and culture- specific terms 96 5.5 Analysis of archaic terms in Arabic–English documents 100 5.5.1 Translation of archaic terms in Arabic–English official documents 100 5.6 Analysis of archaic terms in English–Arabic documents 102 5.7 Exercises and discussions 104 x Contents 6 Analysis of Arabic–English–Arabic texts: the syntactic level 118 6.1 Introduction 118 6.2 Analysis of modal auxiliaries in English–Arabic documents 118 6.2.1 Quantitative analysis of modal auxiliaries in English–Arabic documents 118 6.2.2 Qualitative analysis of modal auxiliaries in English–Arabic documents 121 6.2.2.1 Translation of shall 121 6.2.2.2 Translation of may 125 6.2.2.3 Translation of other less frequent modals 127 6.3 Analysis of modal expressions in Arabic–English documents 130 6.3.1 Quantitative analysis of modal expressions in Arabic–English documents 130 6.3.2 Qualitative analysis of modal expressions in the AChHR 130 6.3.2.1 Translation of زوجي لا (it is not permissible/not allowed) 131 6.3.2.2 Translation of less frequent modal expressions 132 6.4 Translation of the passive in English–Arabic documents 133 6.4.1 Quantitative analysis of passive in English–Arabic documents 133 6.4.2 Qualitative analysis of passive in English–Arabic documents 134 6.4.2.1 Passive → active 135 6.4.2.2 Passive → passive 138 6.5 Translation of passive in Arabic–English documents 139 6.6 Exercises and discussions 140 7 Conclusion and recommendations 148 Notes 154 References 159 Index 166 2.1 Kurzon’s classification of legal discourse 12 2.2 Trosborg’s classification of legal discourse 13 2.3 Cao’s classification of legal texts 13 4.1 Palmer’s types of modals 68 5.1 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in Arabic–English official and legislative documents 79 5.2 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in the UIDHR 88 5.3 Frequency analysis of the techniques for translating English–Arabic system- based and culture- specific terms 96 6.1 Frequency analysis of English–Arabic modal auxiliaries in the ChUN 119 6.2 Frequency analysis of modal phrases and expressions in the Arabic translation of English modals in the ChUN 120 6.3 Frequency analysis of modal expressions in the AChHR 130 6.4 Frequency of the passive structure in the ChUN 134 6.5 Frequency of the translation of the passive structure into Arabic in the ChUN 134 Figures 3.1 Examples from the Plain Legal English Campaign 22 3.2 Collocation of the word ضف (settlement) in Al-Hayat News Corpus 32 3.3 Examples of root repetition in Arabic 47 4.1 Vinay and Darbelnet’s planes of utterance 59 4.2 Types of modals according to von Wright 67 4.3 Negation of English deontic modals 69 5.1 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in Arabic–English official and legislative documents 79 5.2 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in the UIDHR 88 5.3 Quantitative analysis of the techniques of translating English–Arabic system- based and culture- specific terms 95 5.4 Archaic terms in Arabic–English official documents 101 6.1 Frequency analysis of English–Arabic modal auxiliaries in the ChUN 119 6.2 Frequency analysis of modal expressions in the Arabic translation of English modals in the ChUN 120 6.3 Aspects of negating deontic modality 124 6.4 Frequency analysis of modal expressions in the AChHR 130 6.5 Frequency analysis of the passive structure in the ChUN 133 6.6 Frequency analysis of the translation of the passive structure into Arabic in the ChUN 134 Tables AChHR Arabic Charter of Human Rights ChUN Charter of the United Nations ISESCO The Islamic Educational, Scientific and Cultural Organization LSP language for specific purposes Lit. literally MSA Modern Standard Arabic SL source language ST source text TL target language TR target reader TT target text UDHR Universal Declaration of Human Rights UIDHR Universal Islamic Declaration of Human Rights UN United Nations UNCTAD United Nations Conference on Trade and Development Abbreviations I would like to thank colleagues at the Department of Arabic and Middle Eastern Studies, University of Leeds, particularly Dr Hussein Abdul-Raof, Prof. James Dickins and Dr Mustapha Lahlali for their help and advice. Thanks are also due to Dr Alison Johnson of the School of English and Dr Serge Sharrof of the Centre for Translation Studies for their invalu- able advice.My heartfelt thanks are due to my parents who have been, all my life, encouraging, and providing enormous moral support. A word of thanks, I suppose, is not enough to express my gratitude to my husband, Mohamed Elwan, who has been there behind me caring and supporting since we were married. He has always been patient, and has given me both prac- tical and moral support. This book would not have seen light without Mohamed’s encour- agement and sacrifice. To my boys, Youssef and Ahmed, extremely wonderful kind boys, many thanks for appreciating how hard I need to work. You have sacrificed your share of time and the care I should give you for my book. I owe you a lot, sweethearts. Last, not least, I would like to thank my brothers and sisters for all their support.

Acknowledgments The author and publishers would like to thank the following copyright holders for per- mission to reproduce extracts from the following material:Some of the material in Chapter 3 of this book, previously published in El-Farahaty, H.

(2010). ‘Lexical and Syntactic Features of English and Arabic Legal Discourse: A Comparative Study.’ Comparative Legilinguistics: International Journal for Legal Communication , Poznan: Adam Mickiewicz University, vol. 4: pp. 59–77. Used with kind permission of Poznan. Extracts from Hatim, B., A. Shunnaq and R. Buckley (1995). The Legal Translator at Work: A Practical Guide , Jordan: Irbid, Dar Al-Hilal for Translating and Publishing.

Excerpts from the Arabic legal documents available at http://www.arlawfirm.com While we have made every effort to contact copyright holders of material used in this volume, we would be grateful to hear from any we were unable to contact. Permission acknowledgments 2 English and Arabic legal discourse and legal translation 2.1 INTRODUCTION Chapter 2 gives a historical background of legal discourse and legal translation in the English and Arabic traditions. It also presents the categories of legal translation with respect to func- tions and categories of legal discourse. This chapter also reviews the approaches of legal translation in the Western tradition. It explains the interface between general translation theory and legal translation, hence presents different views on the most common theories which researchers have opted to use for the transfer of legal language.

2.2 WHAT IS LEGAL TRANSLATION?

Since legal translation is bound by each language’s culture, it is not merely the transcoding between the SL and the TL or as Cao (2007:10) puts it ‘rendering of legal texts from the SL into the TL’. It is rather ‘a translation from one legal system into another – from the source legal system into the target legal system’ (Šarčević, 1997:13). It involves all the legal sub- text types which are used in various legal settings, whether a court, a national or inter- national organization, a law book, a legal report, a birth certificate, a contract, among many others.

2.3 HISTORICAL BACKGROUND OF LEGAL DISCOURSE AND LEGAL TRANSLATION IN THE ENGLISH TRADITION English legal discourse goes back to Ancient Greece with philosophers such as Socrates and Plato advocating freedom and democracy. In Byzantium, the first bilingual encyclopaedic dictionaries were introduced for the purposes of replacing Latin with Greek (Mattila, 2006:7). During the Celtic invasion of the British Isles before the birth of Christ, England witnessed the existence of Celtic lawyers ‘perpetuating a customary law in a learned archaic language’ (Mellinkoff, 1963:36). When the Anglo-Saxons invaded England in the fifth century AD, contracts and pleadings could be traced to their reign and they ‘formed laws in their primi- tive language that was rigid in both meaning and form’ (Gu, 2006:110). That is, laws were affected by ‘the alliterative and rhythmical fashions of the day . . . the vein of rhythm runs through the language of the law, sometimes in traditional oral words, sometimes carried over into what is only written’ (Mellinkoff, 1963:36–37). English and Arabic legal discourse and legal translation 7 Between 529 and 534, Corpus Juris Civilis 3, one of the influential Roman jurisprudence texts, was translated into numerous languages after its initial literal translation into Greek pursuant to emperor Justinian’s approval. In this context, Šarčević (1997:24) comments:

‘not only do the legal systems of the western world have their roots in Roman Law, but the translation activities under Emperor Justinian also leave their mark on the history of legal translation’. During the Norman Conquest (1066), French and Latin were the languages of education.

The former being the language of writing and the latter being the language predominantly spoken in the courts of Europe; it was normal for it to be used in England too (Beveridge, 2002:57). French became the language of legal proceedings for a period of 300 years (Haigh, 2004). Latin terms and word order were deliberately adopted for making the text appear more sophisticated (ibid.). The linguistic legal effects of French did not ease straightaway and they continued to have an impact for nearly a century before the real transition to using English took place when ‘the domination of the law by French and Latin was over and in 1731 a new English for lawyers’ law was passed’ (Beveridge, 2002:59). Legal English, however, continued to borrow from other languages at the time, French and Latin being two of them, and these borrowed terms continued to be used until today. In this context, Beveridge (2002:57) comments: ‘what we know today as legal English did not begin its life as English alone, but rather was predominantly French and Latin’. Bach and Cable (2002:11) mention that ‘half of the English vocabulary is derived from Latin, be it directly or indirectly’. In eleventh century France and Italy, the Justinian Corpus Juris Civilis, which was written in Latin, was taught in the universities by ‘using monolingual glosses which expressed the whole passage through textual interpretation or commentary and it continued during the period’ (Šarčević, 1997:27). A revolt against Latin was led in the thirteenth and fourteenth centuries in Germany, Italy and France. English as the language of the court proceedings started in 1362 and with the introduction of Magna Carta which ‘became the great precedent for putting legislation into writing . . . in theory at least everyone in England should have heard Magna Carta read out’ (Clanchy, 1993:264). Magna Carta was so influential that other countries managed to have similar docu- ments of their own such as the United States’ Bill of Rights in 1791 (Garre, 1999:15–16).

Because the educated elites, who were responsible for writing the law, were well- versed in Latin, it remained the language of the law. Following the introduction of the printing press in 1476 and the acceptance of the London Standard as the standard form of written English, statutes began to be printed in English (Beveridge, 2002:58). Middle English commonly used in the period after the Norman Conquest until 1476 is characterised by the existence of many phrases which continued to exist until now such as thereby, hereinunder , herewith , etc . . .

The switch to or the increasing focus on English happened as a result of politics and perhaps because of a greater fusion with English culture. Awareness of the role of legal translation increased from the nineteenth century onwards up until the advent of the twentieth century. During the first decade of the nineteenth century, Napoleon established his civil code known as the Napoleonic Code (1804) which, though not the first code, has been so successful that it has left its impact on the law of many other countries such as Germany. The second half of the twentieth century witnessed the progress in the translation movement in general and legal translation in particular. Legal translation has long been playing a vital role in communication both nationally and internationally. This role has become even more important due to globalization and the establishing of interna- tional bodies (for example the UN). Thus, the need for multilingual legal translation has increased significantly. 8 Arabic–English–Arabic Legal Translation In the following section, we will discuss the historical background of legal discourse and legal translation in the Arabic tradition.

2.4 HISTORICAL BACKGROUND OF LEGAL DISCOURSE AND LEGAL TRANSLATION IN THE ARABIC TRADITION The existence of legal discourse in the Arabic tradition dates back to Babylon with the estab- lishment of the code of Hammurabi. Hence, legal translation can be traced to Babylon 4 (2001 BC) with the establishment of Hammurabi’s translation centre which hired employees to work on translation. Legal translation can also be traced to the second century BC. Mattila (2006:7) comments that ‘the first legal text translated from one language to another, and which has survived until today, is the peace treaty in two languages between the Egyptians and the Hittites, dating back to 1271 B.C.’. Before the advent of Islam in the Arabian Peninsula, the law of the tribe was the only acknowledged law. It was run by custom and shaped by loyalty to one’s tribe. Esposito (1998:4) argues that:

The Arabs placed great emphasis on tribal ties, group loyalty or solidarity as the source of power for a clan or tribe. Tribal affiliation and law were the basis not only for identity but also for protection. The threat of family or group vendetta, the law of retaliation was of vital importance in a society lacking a central political authority or law.

The seventh century witnessed the rise of Islam, the Qurʾan being its Holy Book and Muslims’ reference, which has two main branches: ‘the beliefs and the Code of Laws’ as explained by Shaltout (1987:87, 119) below: The greater number of laws which make up the Islamic code are classified under these two headings: worship and dealings. The latter includes dealings within the Muslim Community, the family, monetary dealings, with non-Muslims both as individuals and nations. Islamic Law has clearly stated the obligations of the Muslims in all areas of life and the penalties to be inflicted for offences and irregularities. 5 Treaties exist in the Muslim tradition after the Prophet’s hijrah; in 628 (6 AH), Prophet Muhammad signed the treaty of Hudaybiyyah between the Medina Muslims and people of Quraish in Mecca. In 637 (15 AH), the Caliph, ʿumar Ibn Al-Khattab (d. 644), signed a treaty with the Patriarch of Jerusalem.Translation in the Arabic tradition flourished in the Umayyad caliphate (661–750) and reached its peak in the Abbasid era (750–1258) as Steiner (1998:272) argues: ‘translation is said to have reached its peak either in the 2nd century AD in Alexandria or in the 8th and 9th century in Baghdad’. In the Umayyad era, under the rule of Abd al-Malik Ibn Marawan (d. 705), Arabic was established as the uniform official language of the Empire, replacing Greek in Damascus, Pahlavi in Iraq, and Coptic in Egypt (Baker and Hanna, 2009:330). The Arabizing movement of that time ‘involved a certain amount of translation of official documents’ (ibid.). In the eighth and ninth centuries, the Abbasid era witnessed the golden age of translation, especially during the reign of the caliph al-Mansur (d. 775) who ‘commissioned a number of English and Arabic legal discourse and legal translation 9 translations and set up a translation chamber’ (Baker and Hanna, 2009:331), al-Rashid (d. 809) who ‘supported translation activity and enlarged the translation chamber set up by al-Mansur and al-Maʾmun (d. 833) who founded the most celebrated centre of translation in Arab history’ (ibid.). The establishment of Bayt al-Hikmah (the House of Wisdom) in the ninth century helped in the progress of the translation activities. Texts from China, Persia, Greece and India were translated from Syriac, Persian, Sanskrit and Greek into Arabic.

Hunayn Ibn Ishaq (d. 873), an outstanding figure in the history of the Arabic translation theory in general and in the Abbasid period in particular translated works of Plato, Aristotle, Galen and Hippocrates from Greek into Arabic. Not only were philosophy and logic trans- lated at that time, but also other subjects were widely translated such as ‘mathematics, astronomy, medicine, chemistry and politics’ (Baker and Hanna, 2009:330). Official transla- tion activities for texts written in Syriac and Sanskrit also took place under the leadership of Hunayn Ibn Ishaq (Delisle and Woodsworth, 1995:112). The increasing interest in translation in the Abbasid era has made scholars aware of the importance of developing translation methods and their linguistic competence. They had faced a terminological problem as a result of dealing with the ‘voluminous works of Persian, Indian, Greek and Roman philosophers and scientists’ (Bahumaid, 1994:135). Thus, the need for dictionaries increased and documents were to be collected. Watt maintains that ‘one of the difficulties met with by the translators during the 9th century was that there was little original writing in Arabic on topics dealt with in the books they trans- lated’ (1972:32). They were very keen on introducing new terms to the Arabic language through one- to-one- word correspondence, or as Elmgrab (2011:493) puts it, ishtiqaq (derivation). He (ibid.:495–498) listed other methods of forming new words in Arabic which include: Arabicization (al- taʿrib), blending (al- naht) and borrowing. Bahumaid (1994:135) and Holes (2004:311) list other ways, though not so different from Elmgrab’s list, for coining new terms in that era: (i) derivation / al- ishtiqaaq; (ii) compounding / al- tarkiib; (iii) analogy / al- qiyaas; (iv) metaphor / al- majaaz; and (v) Arabicization for proper names and foreign terms. The techniques followed in the Abbasid era were not different from the techniques adopted by Western translators at that time. Al-Jahiz (d. 869) author of Kitab al-Haywan and other outstanding books, views the process of translation as follows: نوكي نأ يغبني و ةفرعملا سفن يف هملع نزو يف ةمجرتلا سفن يف هنايب نوكي نأ نم نامجرتلل دبلا .ةياغ و ءاوس اهيف نوكي ىتح اهيلإ لوقنملا و ةلوقنملا ةغللاب سانلا ملعأ (quoted in Salama-Carr, 2006a:124) The translator must demonstrate the same lucidity of expression and the same level of knowledge as the author that he translates. He must know the source language very well and the one into which he translates equally well. (Salama-Carr, 2006a:124) Arab translators tended to use both source- oriented and target- oriented methods of transla- tion. They aimed to achieve fidelity and naturalness at the same time. For instance, the ground rule was word- for-word translation but sometimes they moved away from this tech- nique to that of omission, simplification, or transposition. They started at word level and moved on to sentence level but they did not go further to text level. These techniques were discussed later by Safadi (d. 1363) who described the two main methods of translation as follows: 10 Arabic–English–Arabic Legal Translation The translator studies each individual Greek word and its meaning, chooses an Arabic word of corresponding meaning and uses it.

The translator considers a whole sentence identical in meaning without concern for correspondence of individual words. (quoted in Guttas, 1998:142; and Montgomery, 2000:122) Endress (quoted in Guttas, 1998:146) summarizes the characteristics of translation, ‘guide fossils’, as he calls them as follows:

• The use of loan- words and transliterated Greek. • The use of calques. • The transition from pre- scientific use of Arabic equivalents. • The formation of abstract nouns and other neologisms. • Introductory, summarizing, transitional and connecting phrases.

Borrowing from Greek and Persian was one of the useful techniques: ‘Greek philosophical and scientific works were translated into the lexicon of medieval classical Arabic’ (Holes, 2004:306). Among these borrowed terms from Greek are: faylasuf / philosopher; namus / law, principle; qanun / law and others from Persian are ustaz / teacher; sijill / register (ibid.). Techniques of adaptations were also followed in the Arabic tradition. This is perhaps due to the Arabic translators being fully aware of the difference between Greek and Arabic and because they aimed at achieving naturalness. Kunitzch (quoted in Montgomery, 2000:126) summarizes the main techniques of adaptations, which were apparent in the language of the Arab translators as follows: • phonetic transcription • transcription with added prefixes • replacement by common Arabic • substitution by Arabic words that are related to but do not exactly parallel Greek • substitution to older Arabic names • simplifications for the sake of memory • descriptive phrases that explain a transcribed name according to the Greek myth.

Not enough literature is available about the translation activities in the period from the thir- teenth century up until the sixteenth century after the disintegration of the Islamic Empire which resulted in ‘the establishment of rival caliphates in Egypt and Spain’ and ‘a series of barbaric onslaughts by the Mongols eventually culminated in the destruction of Baghdad and the slaughter of the caliph and his officials by Hulagu in 1258’ (Baker and Hanna, 2009:334). The Ottomans ruled the Islamic Empire between the sixteenth and the twentieth centuries.

Arabic continues to be the language of learning and Islamic jurisdiction. When Napoleon invaded Egypt in 1798, he brought his own foreign interpreters ‘for reading out his decrees’ and ‘interpreting lawsuits and read out letters and statements’ (ibid.). Thus, the majority of translation activities during Napoleon’s three year invasion were of ‘official documents and legal decrees’ (ibid.). The nineteenth century witnessed a new era in translation supported by the reformer ruler Mohamed Ali and led by the school of Alsun (tongues) that Rifaʾah English and Arabic legal discourse and legal translation 11 Al-Tahtawi established. Translation from European languages (for example French) to Arabic and Turkish of technical, scientific, literary texts were among the translation activities at the time as well as geography, astronomy and mathematics. Students whom Mohamed Ali sent in missions to France later acted as ‘interpreters for local government and foreign diplo- mats in the area’ (Baker and Hanna, 2009:335). Legal discourse continued to exist all over the world and it became more effective in the twentieth century with the establishment of the League of Nations in 1919 and the United Nations in 1945, and Arabic becoming one of the UN six official and working languages in 1973. Globalization has also brought all the peoples of the world together and the need for legal translation became even more pertinent. 6 2.5 CATEGORIES OF LEGAL TRANSLATION Legal translation can be classified according to the functions of legal discourse and in rela- tion to the legal discourse subtypes. 2.5.1 Legal translation with respect to functions of legal discourse Like any other special purpose texts, legal texts serve a certain function. According to Reiss (2000), on text typology, 7 legal texts serve an informative function where plain facts and information are represented (Šarčević, 1997:7). According to Halliday’s functionalism, special purpose texts have a representational function. To Newmark (1982), legal texts have both directive and imperative function and for him (1988), they can have an expressive func- tion. To Sager (1993), legal texts are informative for the general reader and directive for the specific group of people. Cao (2007:10–11) gives the following classification for purposes for legal translation:

1. Legal translation for the normative purpose.

2. Legal translation for the informative purpose.

3. Legal translation for legal or judicial purpose.

The first type includes multilingual legal instruments such as that of the UN and EU docu- ments. They are parallel texts, authentic, legally equivalent and have the same communica- tive function, though the languages are different. According to Cao (2007:11) this category includes some other private text types such as contracts and other bilingual authentic docu- ments. For instance, an Arabic birth certificate translated into English is considered to be as legally authentic as an Arabic version. The second type refers to those texts that have descriptive or contrastive functions such as the translation of statutes, court decisions, scholarly works and other types of legal docu- ments intended for giving information to the target readers. The ST will therefore be the only authentic legal source and the others are solely used for reference purposes. In this case, both the ST and the TT will have a different communicative function. The third type of legal translation under Cao’s classification is both informative and descriptive. It involves many legal subtypes such as court proceedings, contracts and agree- ments, business or personal correspondence, records, certificates, witness statements and expert reports. 12 Arabic–English–Arabic Legal Translation According to this classification, the book will be concerned with the analysis of the inter- national (for example the UN documents), legislative texts (for example constitutions) and official documents (for example certificates). For analysis of the legal features in Chapter 3, samples from the different legal categories mentioned above will be dealt with. 2.5.2 Legal translation with respect to categories of legal discourse Researchers differ in categorizing English legal language. For Trosborg (1995a, 1995b), it is considered one of the fields of specialized language, or language for specific purposes, to be more precise. That is, it is listed among the medical language, scientific language, technical language, etc. English legal language is also referred to as a sublanguage (Kittredge and Lehrberger 1982; O’Barr 1982), a genre (Bhatia 1993), or a register (Kurzon 1989, 1997; Danet 1985). These different labels are given to legal English with consideration of the specific nature of legal language, be it lexical, syntactic, stylistic, or pragmatic. Kurzon (1989:284 and 1997:120) distinguishes between ‘language of the law’ and ‘legal language’.

For him, the former includes ‘the language or the style used in documents that lay down the law’ whereas the latter refers to ‘the language that is used when people talk about the law, for example judges’ opinions and legal textbooks’. Kurzon (ibid.:121) adds that ‘legal language is in fact a metalanguage used to talk about the law in a broad sense and the language of the law is literally just the language in which the law is written’. Consider the following classification:

Figure 2.1 Kurzon’s classification of legal discourse. Language of the law Contracts Wills Statutes Legal- - Legal language Written Judgment Textbooks Spoken Formal speech Witness questioning Other types English and Arabic legal discourse and legal translation 13 Figure 2.2 Trosborg’s classification of legal discourse. Figure 2.3 Cao’s classification of legal texts. Compared to Kurzon’s view, Trosborg (1997:20) views legal language as ‘a super - ordinate’, an umbrella that covers all uses in the legal context. For her, the language of the law is one of five sub- elements of legal language as follows:

Cao (2007:9–10) gives another classification of legal texts as follows: Language of the courtroom -Judge declaring the law - Judge/council exchanges - CounseVwitness exchanges Legal documents -Legislation -Common law - Contracts - Deeds Legislative texts International Treaties Multilingual Laws Domestic Statutes Judicial texts Produced in the judicial process by judicial officers and other legal authorities Language in textbooks Legal discourse Legal texts Lawyers' speech -To other lawyers -To laymen Legal scholarly texts Commentaries produced by academic lawyers People talking about the law Private legal texts Contracts Leases Wills 14 Arabic–English–Arabic Legal Translation Bouquet gives another classification of legal texts as primarily prescriptive, primarily descriptive but also prescriptive and purely descriptive (quoted in Šarčević, 1997:11). The first type includes laws, regulations, codes, contracts, treaties, conventions. This type of texts describes a course of action that an individual ought to conform to. The second type of legal texts includes judicial decisions and instruments such as actions, pleadings, briefs, appeals, requests, petitions, etc. The third group of legal texts includes legal opinions, law textbooks and articles. Mayoral Asensio suggests dividing text types according to a continuum of ‘extremely specialized → minimally specialized’. He argues that ‘any attempt to draw the line between general and specialized is doomed to failure’ and that ‘there is not a clear frontier separating general and specialized language, communication or translation, that every text and every act of communication include, in different proportions, elements which can be characterized as general and elements which can be characterized as specialized (2007:49–50). Mayoral Asensio (2003) classifies the private legal texts under the category of ‘official documents’. He (ibid.:1) argues that ‘official translation is not a well- defined activity overlaps with fields such as legal translation and court translating.’ Mayoral Asensio (2007:49–53) comments on the classification of specialized translation as follows:

Fields of knowledge are not strictly isolated from each other, science, technology, economy, law; civil law, property law, marriage law. And their categorization varies according to time and place. Even when translation is frequently divided into scientific, technical, economic and legal types, fuzzy boundaries among them are evident; further- more, categories such as legal translation prove ill- defined.

It is clear from the previous discussion of legal discourse that classification of legal types varies and that none of the scholars has managed to provide a conclusive classification. The discussion also reveals that the boundaries between legal subcategories are fuzzy. For instance, UN documents are classified under diplomatic documents and legislative documents. Schäffner’s (1997) discussion of the Strategies of Translating Political Texts is a good example of such fuzziness of text types. She states that ‘a political text itself, however, is a vague term. It is an umbrella term covering a variety of text types. Political discourse includes both inner state and inter- state discourse 8 and it may take various forms. Examples can be found in the form of bilateral or multilateral treaties, speeches . . .’ (1997:120). She later referred to bilateral and multilateral treaties as diplomatic text types: ‘quite a lot of translation is being done in the diplomatic sphere. For example, bilateral and multilateral treaties are instances of legal texts agreed and translated’ (1997:121). Legal translation types are dependent on legal discourse types. That is, certain generaliza- tions may be made regarding the correlation between the distribution of certain syntactic patterns and a certain text type. To explain this argument, examples from the English legal arena are given. First, all English statutes employ the same performative verb: ‘be it enacted’.

Also, in marriage ceremonies, this declarative act is always used: ‘I hereby pronounce you man and wife’. Second, English statutes have one common structure: the title, the date, the preamble, the enacting formula, the main body of parts, articles and sections and finally schedules. Third, statutes employ a declarative mode of address. Fourth, the modal auxiliary ‘shall’ is a very distinctive feature of English legislations as a means of expressing obliga- tion rather than referring to the future. Fifth, the style of address in the court is highly formal so that the judge is addressed as ‘your lordship’ and ‘your honour’. English and Arabic legal discourse and legal translation 15 2.6 APPROACHES TO LEGAL TRANSLATION: A BRIEF REVIEW OF TRANSLATION THEORY There is no one generally accepted theory of translation in the technical sense of a coherent set of general propositions . . . but there are several theories in the broad sense of a set of principles that are helpful in understanding the nature of translating or estab- lishing criteria for evaluating a particular translated text. (Nida, 2001:108) Legal translation comes at the periphery between translation theory and language theory.

Researchers in this field often combine language theory and general translation theories in their researches. Legal documents were considered as sacred and authoritative as the Bible or the Qurʾan (Tiersma, 1999:96). The goal behind this idea is attributed to the ‘mysterious- ness, i.e. legal texts conveyed an assumed truth not to be comprehended by the human mind but accepted on faith alone’ (Šarčević, 1997:25). The stages of development of legal transla- tion since the Roman Empire till recent time, according to Šarčević (1997:24) are given in the following continuum:

strict literal → literal → moderately literal → near idiomatic → idiomatic → co- drafting The above continuum also represents the stages of development of general translation theory prior to or during the twentieth century. 9 As legal discourse has been considered as sacred as the Bible, translation of the law must have been affected by the approaches used for trans- lating it. In this context, Šarčević (1997:23) comments on the link between legal translation (of authoritative texts) and Bible translation (of religious texts) as follows:

Since both legal and religious are normative, it is not surprising that the early history of legal translation is most closely related to that of Bible translation, i.e. until the Middle Ages when the first moderately literal translations of the Bible were made into vernac- ular languages . . . because of the authoritative status of legal texts, legal translation remained under the grip of tradition much longer than other areas of translation.

She adds: Like the word of God in the Scriptures, the letter of law also demanded strict literal translation to protect it from heterodoxy. Thus, it was believed that the ‘word power’ of such texts could be retained only by word- for-word translation. (ibid.:25) This shows that ‘literal translation’, giving the exact words of the ST in the TT, has been followed in legal translation. One of the clear examples is the translation of the Corpus Juris Civilis literally 10 into Greek ‘to preserve the letter of the law’ (Šarčević, 1997:24).

Equivalence,11 pioneered by the American Bible translator Eugene Nida, has always been the focus of the semantic- based theory. Nida distinguishes between formal and dynamic equivalence. By the former is meant keeping the form and the content of the ST through ‘gloss translation’. 12 Nida (1993:116) maintains that ‘it is essential that formal equivalence is stated primarily in terms of a comparison of the way in which the original 16 Arabic–English–Arabic Legal Translation receptors understood and appreciate the text and the way in which receptors of the translated text understand and appreciate the translated text. Weisflog (1987:194) supports Nida’s formal correspondence approach for translating quasi legislation or recommendations, such as the UN, UNCTAD, business contracts, license agreements, general conditions of supply and delivery (conditions of sale), among others. Dynamic equivalence, in this context, refers to the ‘principle of equivalent effect’ (Nida, 1964:159). That is, the TL reader gets the same natural effect that the ST reader gets from reading the ST. This recalls Schleiermacher’s (2004) ‘target- oriented’ approach or Venuti’s ‘domestication’ (1995), in which the foreign features of the ST are accommodated in the TT, hence the text appears natural in the target culture. Munday (2001:146) maintains that ‘domestication entails translating in a transparent, fluent, invisible style in order to minimize the foreignness of the TT’. In legal translation, Tomášek (1991:113) supports similar views.

He divides the translation process into ‘intrasemiotic’ and ‘intersemiotic’. The former refers to transferring from the first semantic level (the legal language) to the second semantic level (the legal metalanguage). 13 By the latter is meant transferring from the SL and its culture to the TL and its culture. That is, intrasemiotic translation occurs within the same sign system (within one language), whereas intersemiotic translation happens from one sign system to another (between two different languages). In England, Newmark (1981) sees equivalence as a process of approximation between the ST and the TT and there is no absolute equivalence between languages due to their incon- gruity. Newmark does not question whether two texts are equivalent or not but he is more interested in the ‘type and degree of translation equivalence they reveal’ (1981:47). He clas- sifies translation into two main types: semantic and communicative; the former ‘attempts to render as closely as the semantic and syntactic structures of the second language allow, the exact contextual meaning in the original’ (ibid.:39), whereas the latter ‘attempts to produce on its readers an effect as close as possible to that obtained by the readers of the original’ (ibid.). Newmark’s writings about the translation of non- literary informative translation were guided by hands- on experience and practicality. In (1982:376), he comments on the transla- tion of authoritative texts, legal texts being one of them: ‘the language of authoritative statements is likely to be literal and denotative, except where it is enforced by emotive appeal’ as in the case of translating the Preamble of the Iraqi Constitution 14 into English. On adaptation in translation, he argues:

I assume that the SL text is efficiently written and is specifically to the SL reader. The translator will not have to adapt the text for the TL readers; the text will more or less remain within the SL culture unless it is an international text relating to an international organization. (1982:376) Equivalence remains a controversial issue in the Western tradition. In Germany, Werner Koller’s ‘Equivalence in Translation Theory’ in Andrew Chesterman (1989) discussed correspondence and equivalence; the former applies to contrastive linguistics whereas the latter is more useful for translation studies. Koller supports ‘foreignization’: 15 keeping the foreign features of the ST in the TT in legal translation by insisting that ‘full adaptation is not an accepted method of translation in legal texts as it results in semantic distortion’ (quoted in Rek-Harrop, 2008:9). The issue of equivalence in legal translation remains so controversial that legal translators have failed to identify which type of equivalence to apply, English and Arabic legal discourse and legal translation 17 although there were as many as 56 types of equivalence, but legal equivalence was not one of them (Snell-Hornby, 1988:55). Equivalence then should not be considered a one- to-one correspondence, rather, it should be looked at from a number of variables, deviating from the rigid constraints of linguistic theories 16 to more sociocultural elements. This is when the advocates of pragmatics (for example House 1997, Halliday 1985, Hatim and Mason 1997) have their say. Pym (2010:1) comments on the Western translation theory reaction to ‘equivalence’ as follows:

Newer paradigms, however, then emphasized various aspects or problems that the theo- ries of equivalence somehow overlooked: namely, the translation skopos or purpose (challenging the dominant role of the source text), historical and cultural relativism (challenging any absolute equivalence equations), localization (deceptively blurring the divisions between translation and adaptation) and cultural translation (seeing translation in terms of processes rather than an affair of texts).

Supporters of this trend raise some issues with regard to translation: (i) to whom is the target text addressed? (ii) why is the target text being translated? (iii) what are the conventional rules in the target culture for producing texts for that particular purpose? (iv) who wrote the source text? (v) when and where was the source text written? (Šarčević, 1997:18). House’s model (1997) derives from Halliday’s register analysis 17. It focuses on comparing the ST and the TT to highlight the mismatches between them. The comparison is based on three main pillars: lexis, syntax and the textual aspect, or to put it in House’s words, ‘theme- dynamics, clausal linkage and iconic linkage’ (1997:66). Theme- dynamics refer to the text’s thematic structure: cohesion; clausal linkage may be additive, or adversative; and iconic linkage forming the parallelisms of structure (ibid.:67). She distinguishes between overt and covert translation: the former is ST-directed and the latter is TT-directed. Chesterman and Wagner (2002:50) argue that ‘overt translation preserves the stylistic indicators of the ST whereas covert translation is too fluent, natural to sound not as translation’. Functional theories 18 to translation are neglected in legal translation. That is, skopos- oriented theory initiated by Vermeer (2000) focuses on the purpose of the text which, in Vermeer’s view, is more important than the semantic or stylistic aspects of the text. It deter- mines the relationship between the ST and the TT and hence what the translation should look like (Chesterman and Wagner, 2002:40). Šarčević (1997:18) argues: ‘Vermeer transla- tion theory departs from tradition by recognizing translations in which the function of the target text differs from that of the source text . . .’ For Šarčević (ibid.:236), functional equivalence is advised in case of the absence of an exact equivalent. Garzone (2000:1) asked whether they can be applied in legal translation or not: ‘this question is of extreme importance: a positive answer would provide a good starting point for the construc- tion of an all- embracing theoretical model applicable to all text- types and genres in legal translation’. Skopos theory, however, was criticized by many theorists, such as Chesterman and Wagner (2002:40) who argue that this theory is complex and questioned its applicability.

Snell-Hornby (1988:47) criticizes skopos theory on the basis that it only applies to non- literary texts, although Vermeer claims it is applicable to all translations (quoted in Šarčević, 1997:18). Munday (2001:81) criticizes it for ignoring the microlinguistic 19 features in the TT and dethroning the ST. Translators of specialized texts are still sceptical about its applica- bility in the language for specific purposes (LSP) translation. The reason behind this, according to Šarčević (1997:18–19), is that ‘the function of the special purpose translations 18 Arabic–English–Arabic Legal Translation is usually the same as that of the source text’. She adds: ‘by suggesting that the translation strategy of a legal translation can be determined solely on the basis of function, Vermeer disregards the fact that legal texts are subject to special rules governing in the mechanism of the law’ (ibid.:19). Even if we agree that functional equivalence is the ‘ideal method of translation’ according to Weston (cf. Šarčević, 1997:236), this is only just a first step in the process of translation. From a text linguistic perspective, 20 non- literary texts, legal texts being one of them, belong to a distinctive text type known as hybrid texts. They ‘allow the introduction into a target culture of hitherto unknown and/or socially unacceptable concepts through a medium which, by its non- conformity to social/stylistic conventions and norms, proclaims the other- ness of its origin’ (Schaffner and Adab, 2000:325). The interface between translation and culture is proposed by Bassnett and Lefevere (1990) who have focused on what has been referred to previously by Snell-Hornby (1988) as ‘the cultural turn’. The core of Bassnett and Lefevere’s ideas is that translation is governed by the dominant ideology of that time and it is an integral part of the sociocultural framework of that society. Lefevere (1992:2) believes that ‘there are concrete factors that govern the recep- tion, acceptance or rejection of literary texts, issues such as power, ideology, institutions and manipulation’. Lefevere sees translation as a process of re- writing within which the translation function is controlled by the following factors:

Professionals within the literary system (teachers, translators and critics).

Patronage outside the literary system (economy and ideology).

The dominant poetics (literary genres and the relationship between literature and the social system).

The above factors prove useful to the translation of literary texts only and do not add much to what has been proposed by functional theories or pragmatic and discourse analysis theo- ries. Yet, the ideological and the social aspects are also important in the translation of other discourse types. Although advocates of the ‘cultural turn’ were more interested in studying the literary genre, culture and ideology are important factors in studying other discourse types, legal being one of them. Translating legal texts from English into Arabic or vice- versa is not a mere process of rendering the terminology and grammar of the ST into equivalents in the TT. A translator of such texts is transferring from one legal system that which is embedded in the SL culture into a totally different TL legal system and TL culture. That is, translation of Arabic multi- lateral treaties into English is at best a difficult task because the Arabic texts will include elements that are alien to the English culture. To clarify the above argument there are expressions in the Arabic treaties that are purely cultural such as the Basmala ( ميحرلا نمحرلا الله مسب – In the name of God), the formal addresses (for example ةللاجلا بحاص ةرضح – His Majesty), the concluding religious remarks (for example ربكأ الله و – God is the greatest) and reference to the Qurʾan and Sunnah (the standard practice of Muhammad). Even if these expressions are translated into English, they may be meaningless to the target reader. That is why international treaties and other international documents of the UN are more secular and avoid any of the above expressions. From this long discussion about the approaches to and theories of translating legal docu- ments, it is worth pointing out, incidentally, that translation approaches may vary according English and Arabic legal discourse and legal translation 19 to the legal subtypes and their functions or ‘from one institution to another’ (Shiyab, 2006:159). Since there is no one particular theory of legal translation, a legal translator will require hybrid tools that will enable him or her to figure out the type of the legal document, its function, its structure and its pragmatic effect. All these aspects along with the special nature of legal discourse, such lexical incongruities, syntactic complexities, textual dissimi- larities and system and cultural asymmetries, make the task of the legal translator unusually challenging. 3 Features of English and Arabic legal discourse 3.1 INTRODUCTION This chapter investigates the semantic, grammatical and textual features of legal discourse in English and Arabic. Such an analysis is based on sample texts of different legal subtypes which include authentic published documents and others obtained from law professionals such as legislations, constitutions, contracts and court reports. Discussion of the features of English and Arabic legal discourse provides examples from these different legal subtypes. The aim of analysing the features of English and Arabic legal language is to establish the similarities and differences between both of them, hence, identify the problematic linguistic areas that a translator is likely to face. Reference will be made to media Arabic when needed and we will be occasionally referring to the University of Leeds online Arabic corpora. 21 3.2 FEATURES OF ENGLISH LEGAL DISCOURSE English legal discourse has been the subject of discussion of many scholars such as Mellinkoff (1963), Danet (1976, 1980), Morris (1995), Šarčević (1997), Conley and O’Barr (1998), Garre (1999), Haigh (2004) and Cao (2007), among others. Below is an account of the lexical, syntactic and textual features of English legal discourse. 3.2.1 Lexical features Legal English, as a specialized language, has its own distinctive lexical features, its own ‘legalese’, just like media with its own ‘journalese’. Legal vocabulary is ‘a vocabulary of possibilities purportedly comprising a comprehensive system of meanings that are internal or latent within the lexicon itself’ (Goodrich, 1987:177). Hiltunen (1990:84) comments on the issue of vocabulary by stating that adjectives in legal English ‘are fairly scarce (because they are often imprecise and vague), nouns tend to be abstract rather than concrete (because they frequently do not refer to physical objects) and verbs are selected from a fairly small number of lexical sets’. Alcaraz Varó and Hughes (2002:16–18) classify legal vocabulary into three subtypes: (i) purely technical terms or ‘terms of art’ (Mellinkoff, 1963:16) which are system specific such as ‘barrister’, ‘court’ and ‘case’, etc.; (ii) semi- technical, mixed terms or ‘legal homo- nyms’ as Tiersma (1999:111) calls them such as ‘assessment’, ‘enclose’, ‘compensation’, ‘clarification’, ‘evidence’, ‘advise’, ‘settlement’, ‘instruct’; (iii) everyday vocabulary which Features of English and Arabic legal discourse 21 exist in legal texts they but did not lose their meaning by occurring in the legal context such as ‘record’, ‘access’, ‘repair’, ‘examine’, ‘injury’, ‘confirmation’, ‘appointment’ and ‘party’ (A Lawyer’s Letter to a Client).

3.2.1.1  Archaic  terms Legal English is characterized by its old or ‘antiquated vocabulary’ (Alcaraz Varó and Hughes, 2002:5). These old terms trace back to Old and Middle English. 22 Common exam- ples of these terms are ‘hereby’, ‘thereby’, ‘aforesaid’, ‘said’, ‘thereby’ and ‘hereof’. These adverbs often refer to the text or document in which they appear:

I . . . hereby confirm that the report of . . . is true and accurate account of the injuries . . .

(agreement confirmation) This contract shall commence . . . in accordance with the provisions hereunder. (partnership contract) Old expressions do not refer to a precise meaning, i.e. a sentence including ‘hereby’ (I hereby certify . . .) is not more precise than a sentence without it (I certify . . .). It is not stated whether it refers to the whole document or a part of it. Meredith (1979:64) suggests the replacement of a sentence containing ‘hereby’ by a new sentence. He gives the following example:

The lessor hereby directs that the lessee is fully authorized to . . .

Meaning: the lessee may . . .

Meredith has just given a paraphrasing of the statement by using a deontic modal of possibility ‘may’ which implies a mood of uncertainty (Palmer, 1990). Although these old terms constitute an integral part of the language of the law, they are not as commonly used as before and they are more common in one legal text type than another. For instance, they are rare in the modern language of legislation and in international law documents such as those of the UN. Yet, they are used in private documents such as contracts, agreements and certificates. In fact, they are considered the ‘daily bread’ of the lawyers (Mellinkoff, 1963:13). Archaic morphological forms which are not cited in our corpus are another feature of legal English such as ‘this policy witnesseth that . . .’; ‘further affiant sayeth not’; and ‘hear ye’ (Tiersma, 1999:87).

3.2.1.2  Latin  and  French  terms The English law was affected by the Roman Church in the Middle Ages whose dominant language was Latin. Hence, it was the language of written texts and intellectual communication throughout Europe. An example is ‘Minor’, a Latin term used in English law which refers to a party in a case (Tiersma, 1999:88). Other examples include ‘bona fide’ (Partnership Contract, article 20), which is used in a UK legal context to mean ‘in good faith’ 23; ‘inter alia’ (Commission on the Status of Women, Introduction, article 3) which means ‘among other things’ and ‘ipso facto’ (ChUN, article 93:1) which means ‘by that very fact, as an inevitable result’. Many legal English terms which are common today are borrowed from French. Examples of these terms include: ‘purchase’, ‘court’, ‘evidence’, ‘jury’, ‘judge’ and ‘verdict’, ‘attorney general’, ‘tort’ and ‘voir dire’ (Mellinkoff, 1963:58; Beveridge, 2002:59). A few French terms: ‘court’, ‘evidence’ and ‘property’ are cited in the Tenancy Agreement. 22 Arabic–English–Arabic Legal Translation 3.2.1.3  Formal  terms The formality of legal English stems from the use of Latin terms that are more formal than Germanic- root words (Alcaraz Varó, 2009:185). Formality is also reflected in the special nature of legal English expressed by fixed linguistic aspects: modals (for example use of shall) and enactment formulas; certain utterances in marriage ceremonies; formal expressions used in different contexts such as ‘your honour’, ‘your majesty’ (in courts), ‘royal’ (in a Decree by the Queen), ‘master’ (of a Minor in a Report to the Court). Oaths and swearing include highly formal expressions. For instance, a witness in a court utters this statement: ‘I do solemnly swear to tell the truth, the whole truth and nothing but the truth’.

3.2.1.4  Religious,  culture-  specific  and  system-  based  lexis According to Matulewska (2007:130–1), English legal discourse is said to have religious words: (i) acts of God, (ii) . . . in the name of our Lord . . . , (iii) in the year of our Lord one thousand nine hundred and eighty- four. Nevertheless, such elements are not cited in the corpus of English documents investigated. English legal language has many words that are dependent on the culture and legal system (for example boilerplate and backbenchers). Some more examples of these terms are given below:

‘Returning officer’ and ‘Acting returning officer’ (formula for announcing the election results, UK) 24 ‘Civil partnership’, ‘same- sex couples’, ‘same- sex marriage’ (Civil Partnership Act 2004, UK; UN: CEDAW/C/UK/6) 25 ‘Privy Council’ (UN: E/C.12/GBR/5) 26 3.2.1.5  Other  lexical  features Certain words such as ‘any’ recur in legal documents ‘any child or children’, ‘any living children’, ‘any deceased children’, ‘any grandchildren’, ‘any interest and penalties’, ‘any debt or charge’ (Last Will and Testament). The above discussion of lexical features shows that legal language is complex and it has been criticized for that from the sixteenth century up to recent time (Triebel, 2009). A tendency to use plain language has already begun and modern legislation has been rewritten in a way that appeals to the layman. For the purpose of clarity, many Common Law words and structures have been replaced by familiar words. Some of these words are given by Triebel (2009:153, 159–161) as illustrated in the following table: Table 3.1 Examples from the Plain Legal English Campaign Common Law Words Plain Language Words save except avoid cancel joint and several together and separately instrument legal document provided that if, except, however, in any event Features of English and Arabic legal discourse 23 3.2.2 Syntactic features The syntax of legal English is characterized by complex structures, multiple subordination, with main verbs of the sentence coming late in the sentence, as well as other distinctive features that will be discussed below:

3.2.2.1  Nominalization A nominalization is ‘a noun phrase that has a systematic correspondence with a clausal prediction which includes a head noun morphologically related to a corresponding verb’ (Quirk et al., 1985:1288). Examples of these nominalized forms are ‘assessment’, ‘inspec- tion’ and ‘movement’ which are common in the syntax of legal English. Nominalization is reduced in the sense that the meaning one gets in a sentence is missing a tense, hence no indication of the timing of the process, modality, or often an agent and/or a patient. It is ‘a radical syntactic transformation of a clause, which has extensive structural consequences and offers substantial ideological opportunities’ (Fowler, 1991:80). Below are examples of nominalization:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (UDHR, article 5) The Contractor shall implement and maintain appropriate technical and organizational measures so as to prevent the destruction, damage, loss or alteration of the Data . . .

(Partnership Contract, article 45) Although nominalization obscures the agent (subject) and the patient (object), it is useful in cases where laws are ‘to be stated as broadly as possible’ (Tiersma, 1999:78).

3.2.2.2  Passivization Passive transformation includes a shift of positions of the left- hand and right- hand noun phrases (Fowler, 1991:77). As a result, the patient (object) occupies the agent (subject) position. Passivization is chosen for some reasons: (i) to obscure the agent, (ii) to focus on a part that the author sees as more prominent and (iii) to foreground a fact by leaving it unspecified. Both nominalization and passivization are attributes that ‘often obscure the identity of the actor; whether done intentionally or not, it can only reduce precision’ (Tiersma, 1999:75). For example, the first person is avoided in an order, so ‘it is ordered . . .

rather than I order’. The following are examples of the passive cited in the legal texts analyzed:

‘will be based’, ‘can be accepted’, ‘has been approved’, ‘the court will need to be satisfied’ (A lawyer’s letter to a client) of courseas a matter of right with reference to about or concerning prior to before 24 Arabic–English–Arabic Legal Translation Although English is said to make abundant use of the passive verb, especially in scientific texts, according to Rosenhouse (1988:92), we can also argue it is not less common in English legal discourse. However, we can claim that it is more common in one legal subtype than the other. For instance, it is less common in contracts than in statutes as contracts require clear identification of the agent/patient whereas statutes can be drafted as broadly as possible.

3.2.2.3  Wh-  deletion Wh- forms deletion is one of the distinguishing features of English legal discourse, although it is not as common as other features. By wh- deletion is meant dropping the word initiated by ‘wh’ such as ‘which’, ‘what’ in a clause and the past participle of the verb is given. This notion is illustrated by Danet’s example: ‘agreement . . . herein (which is) contained or implied’ (1985:280). It is not explained why wh- deletion occurs in English legal discourse; it can be considered a means of stylistic variation. These grammatical forms are repeated in contracts such as, ‘premises made available’, ‘notices given’, ‘risks assumed’, ‘obligations assumed’, ‘the times required’ and ‘assistance required’ (Partnership Contract).

3.2.2.4  Conditionals,  prepositional  phrases  and  restrictive  connectors Complex conditionals and hypothetical formulations which are presented as parenthetical clauses are commonly used in legal English. Examples of the syntactic indicators of condi- tion and hypothesis are: ‘if’, ‘where’, ‘whenever’, ‘provided that’, ‘assuming that’, ‘so long as’, ‘should’, and ‘whereas’. ‘Whereas’ is a Middle English word which is vague in the language of the law (Mellinkoff, 1963:321–2). It is commonly used in the opening para- graphs of preambles and it sometimes means ‘the fact is’ or ‘in spite of’. Meredith (1979:64) believes that, ‘it is no longer acceptable and should be replaced by ‘since’ or ‘as’. The following instances are quoted from the corpus of documents:

The ministry can put off the employee’s annual vacation provided that the procrastina- tion is not more than 5 months of the employee’s new contract. (Employment Contract: article 1) The Council’s agreement to its grant of the Lease(s) is subject to and in all respects conditional on the Contractors agreement pursuant to Section 38(4) of the Landlord and Tenant Act 1954. (Partnership Contract: article 25) Prepositional phrases are common in legal English such as, ‘pursuant to’ (Marriage Certificate), ‘without prejudice’ (Report to the Court), ‘in accordance with’ and ‘prior to’, ‘in respect of’, ‘subsequent to’ (Partnership Contract). Similarly, legal English utilizes restrictive connectors like ‘notwithstanding’, ‘under’, ‘whereas’ and unique determiners such as ‘said’ as in ‘aforesaid’, ‘such’ as in ‘a penalty as such’ and ‘subject to’ as in ‘subject to clause 7 overleaf, to keep the drains, gutters and pipes of the property clear . . .’ (Tenancy Agreement: article 2).

3.2.2.5  Complex  sentences English legal language is known for its long and complex sentences. An English legal sentence is twice as long as the scientific English sentence (Danet, 1985:281). The longer the Features of English and Arabic legal discourse 25 sentences, the more complex they are, the higher the number of subordinating clauses and phrases. Here is an example of a long complex sentence:The Contractor shall implement and maintain appropriate technical and organizational measures so as to prevent the destruction, damage, loss or alteration . . . and the Contractor shall provide the Council with such information as it may require to satisfy itself that the Contractor is complying with such obligations . . . .

(Partnership Contract, article 45) The underlined verbs in the above excerpt show the approximate number of clauses included in the sentence whether (i) independent, for example ‘The Contractor shall implement and maintain appropriate technical and organizational measures’, (ii) dependent, for example ‘that the Contractor is complying with such obligations’, (iii) or infinitival, for example ‘to prevent the destruction’. There is also a high frequency of nominalized forms such as:

‘destruction, damage, loss . . .’ and the long lexical chains: ‘. . . to prevent the destruction, damage, loss or alteration’. This variety of clauses results in a compound complex sentence which consists of a mixture of coordinating conjunctions such as ‘and’, ‘as’, ‘so as to’ and subordinating conjunctions such as the relative pronouns ‘that’ and ‘which’. It should be noted that this sentence, though long as it appears, compared to modern English sentences of other text types, is shorter than old legal sentences.

3.2.2.6  Performative  verbs  and  modals Language used in the law performs certain acts, mainly, declaring a right, making a prohibi- tion, or giving permission. Maley (1994:21) argues that ‘performativity and modality are the linguistic means which express the institutional ideology of the role relationships involved in legislative rule- making’. Austin (1962) classifies performatives as explicit and implicit.

Explicit speech acts are expressed through a speech act verb (for example certify, declare, confirm, enact) as in the frozen formula used in: ‘be it enacted that by the king’s most Excellent Majesty .

. .’ The following are some clarifying examples:

I . . . hereby authorize the following marriage certificate (Marriage Certificate) I confirm that insofar as the facts in my report are within my own knowledge I have made clear which they are and I believe them to be true . . . (Report to the Court) We the people of the United States, in order to form a more perfect union, establish justice, . . . , provide for the common defense, . . . do ordain and establish this Constitution for the United States of America. (Preamble of the American Constitiution) The first example above contains a combination of the performative verb ‘authorize’ and the archaic term ‘hereby’ in which case the latter guarantees the legal act that the verb ‘authorize’ assumes. In this context, Tiersma (1999:105) notes that ‘only where it is unclear that a verb is a performative does it make sense to add hereby’. Implicit speech acts are expressed via modal auxiliaries (for example may, shall). For Kurzon (1986:16), speech acts occur with ‘may’ or ‘shall’ or their negative forms. In this 26 Arabic–English–Arabic Legal Translation case the whole sentence has an illocutionary force of permission (may), ordering (shall), or prohibition (shall not). Modal auxiliaries are elaborated on below:

Modal auxiliaries The concept of modality is one of the aspects investigated in the study of legal translation by a number of writers such as Goodrich (1987), Šarčević (1997), Foley (2002), Tiersma (1999), Bhatia, Candlin and Gotti (2003) and Tribel (2009) among others. For Goodrich (1987:181) modality is ‘a key feature of the legal text and as has been recognized, the preva- lent forms of modality within legal texts are imperative and axiomatic’. Deontic modals (shall, must, should and may) are the most common modals in English legal discourse due to the performative nature of legal documents. Charrow, Crandall and Charrow, in Kittredge and Lehrebeger (1982:186) discuss the use of shall, may, must and will in legal discourse as follows:

Courts have managed to totally confuse and twist the meanings of shall, may, must and will so that may has been interpreted to have the mandatory meaning must. Must or shall have been interpreted as may and shall has been interpreted as may, must or will. ( A ) S H A L L Shall is a formulaic predominant modal in legal texts. It dates back to the English transla- tions of Roman law texts. For example, Magna Carta was described as ‘an exercise in shall’ (Šarčević, 1997:138).

As used in statutes, contracts, or the like, this word [shall] is generally imperative or mandatory. In common or ordinary parlance and its ordinary signification, the term shall is a word of command and one which has always or which must be given a compulsory meaning as denoting obligation. (Black’s Law Dictionary, 2009:1002) In general English, it denotes future whereas in legal English, it is used as a means of ‘totem, to conjure up some flavour of the law’ (Bowers, 1989:294). It functions differently in legal contexts as Triebel (2009:154) comments: ‘in legal documents shall is not used to express future time but to express obligation’. Crystal and Davy (1969:99) identify the general meaning of ‘shall as that of obligation’. Similarly, Garzone (in Bhatia, Candlin and Gotti, 2003:197) maintains that ‘deontic shall is the standard deontic performative form in arbitra- tion rules and it imposes a binding obligation on the arbitrators’. Coates, however, (1983:189) demonstrates that the obligatory sense of shall ‘is restricted to formal legal contexts’. It (shall) 27 unambiguously indicates that something is intended to be legally binding’ (Tiersma, 1999:106). Shall is used ‘in the imperative sense to impose a duty or obligation on the legal subject to whom it refers’ (Bhatia, Candlin and Gotti, 2003:347). It expresses the idea of procedural right (ibid.:348). In fact, lawyers tend to use shall all the time without thinking, just in case the present imperative is not the appropriate one. However, the present tense and not shall is appropriate in definition clauses because a declaration is being made (Triebel, 2009:155).

Although it is common in more formal styles, it does not occur in some English dialects, notably in Scotland and the USA (Palmer, 1990:137). Features of English and Arabic legal discourse 27 ( B ) M U S T Sometimes must is used in place of shall to express the same sense of necessity. Nevertheless, Tessuto (in Bhatia, Candlin and Gotti, 2003:198) argues that ‘it is used in a directory sense to signify that it is necessary to take some steps if a right or option is to be exercised (i.e. in procedural rather than substantive provisions)’. According to Triebel (2009:155), ‘must denotes all required action, whether or not the subject of the clause performs the action of the verb. Hence, notice must be given within 14 days’. Foley (2002:369) distinguishes between the use of shall and must in legal texts:

some authorities would distinguish shall for an obligation imposed on a human agent with legal consequences as in: Upon your return, you shall report to the Agency your activities while abroad.

and must for conditions precedent or subsequent as in: The report must include details of your activities while abroad.

Although must is used to denote emphasized obligation, it is also used to refer to epistemic meaning which weakens its use in a legal context and the first preference goes to shall (Foley, 2002:365).

( C ) M A Y May is used in legal discourse to indicate a permissive 28 discretionary act (a right, power or privilege being conferred’ (Bhatia, Candlin and Gotti, 2003:348; and Tribel, 2009:156).

Bhatia, Candlin and Gotti (ibid.:106) have found out that may is the second most frequent modal in the legal documents investigated. Its meaning is mainly deontic (permission).

Sometimes (rarely), it expresses epistemic possibility which demands a high degree of caution in distinguishing what is possible and what is permissible. In this context, Foley is quoted: ‘may expresses both epistemic possibility and deontic permission. The two mean- ings are related because you can only give permission to something possible’ (2002:364). He (ibid.:365) adds: ‘the high frequency of the use of may in legal texts shows that it is so “entrusted” in legal texts that no other modal is used in its place.’ In negative passive forms, it implies a prohibition (Bhatia, Candlin and Gotti, 2003:348).

Triebel (2009:157) suggests the use of must not instead of may not: ‘May not can express a prohibition, but is ambiguous: “May not transfer shares” may mean one of these: (i) may possibly not transfer, (ii) is authorized not to transfer or (iii) is not authorized to transfer.

Thus, it is better to use must not.’ Comparing must to shall and may, Garazone comments:

The use of must to express prescriptive deontic meaning in normative texts in English is relatively rare . . . This reflects the standard drafting practices in English law where the use of must in a sample corpus of 20 English statutes, there are only 20 occurrences of must against 3,030 occurrences of shall and 2,035 of may. (quoted in Bhatia, Candlin and Gotti, 2003:198) Further to the above brief discussion of shall, may and must, it seems that the use of modal auxiliaries in legal drafting is surrounded by many obstacles and interpretations. In response to this, Foley (2002:373–4) suggests the following solution: ‘abandoning the modals in favour 28 Arabic–English–Arabic Legal Translation of lexical equivalents such as “is obliged to” and “is entitled to”, would overcome the prob- lems stemming from the seemingly inherent ambiguity’. An example of this given in the UDHR: ‘Everyone is entitled to all the rights and freedoms set forth in this Declaration’. This solution, I believe, is not sufficient since English lexical items expressing modality are limited.

3.2.2.7  The  use  of negation Negative and double negative are used in legal English. They are expressed either in ‘not’, ‘never’, in negative prefixes such as ‘un’ or in words like ‘unless’ and ‘except’. Here are some quoted examples:

The tenant agrees with the landlord . . . not to do or allow, not to assign . . . without the consent of the Landlord, that consent not to be unreasonably withheld .

. . not to do anything as a result of the notice unless required . . . (Tenancy Agreement, articles 2–3) He was not unduly nervous. (Report to the Court) 3.2.2.8  Binomial  expressions/doublets  and  triplets Gustafsson (1975:9) defines binomial expressions as ‘sequences of two words belonging to the same class, which are syntactically coordinated and semantically related’. Danet (1985:283) considers them a type of syntactic parallelism. Triebel (2009:160) refers to what he calls ‘doubling’: the use of several terms to describe a single concept, where a single term would be adequate for that purpose . . . it is misleading as it has the appearance of added certainty or suggests some additional meaning which does not exist’. According to Tiersma (1999:13), a juxtaposition of two or may be three words is known as doublets or triplets.

Sometimes, they are called word pairs such as ‘true and correct’; ‘false and untrue’ or conjoined phrases: ‘by and with the consent and advice of . . .’. Danet (1985:280) comments that these pairs are ‘frozen expressions which are irreversible; they are formal syntactic features rather than lexical ones’. Following are two examples for doublets and triplets:

I make, publish and declare this instrument to be my Last Will and Testament. By signing this document, I revoke any and all former Wills or Codicils, previously made by me, if such documents existed prior to the signing of this Last Will and Testament. (Last Will and Testament) No one shall be held in slavery or servitude; . . . shall be subjected to torture or to cruel, inhuman or degrading treatment . . .; no one shall be subjected to attacks on his honour or reputation. (UDHR: preamble and articles 5, 12 and 20 subsequently) As shown from the above examples, doublets and triplets are considered synonymous or near- synonymous words that come to existence in English legal language as a result of common law courts shifting from French to English, ‘there was some concern as to whether the words of the same referent had the same meaning. To avoid any problems drafters began to include both terms, just to be safe’ (Beveridge, 2002:59). Doublets and triplets and other parallel structures are considered good examples of the prosodic features of legal discourse (for example alliteration, as in slavery/servitude above). Features of English and Arabic legal discourse 29 The above underlined examples of doublets show more ‘end weight’ in the second part of the phrase: ‘there are more beats, or phonetic material, in the second half of a two- part expression’ (Danet, 1985:284). 3.2.3 Textual features Textual features are concerned with the text as a macro unit. Cohesion is a major textual area that will be analysed below:

3.2.3.1  Elements  of cohesion According to Halliday and Hasan (1976) the major elements of cohesion are reference, conjunction, substitution, ellipsis and lexical repetition. In legal English some cohesive devices are commonly used in legal discourse such as lexical cohesion and conjunctions; some are used with caution (for example reference). That is, they should not be used at the expense of clarity; some others are rarely used (for example ellipsis). The main aim behind such variation in using cohesion is achieving accuracy and avoiding ambiguity. The following is a discussion of lexical repetition, conjunctions and reference.

(a) Lexical repetition Lexical repetition is expressed by different means whether through words, phrases and sometimes clauses. It is called reiteration which means ‘insertion of a lexical item identical to another one mentioned earlier in the same text or context. This could be a synonym, near synonym, superordinate or general word’ (Halliday and Hasan, 1976:278). In legal English, lexical repetition is used instead of pronouns in most of the cases where the antecedent of the pronouns cannot be figured out easily ‘because pronouns can have ambiguous reference, the legal profession tends to shy away from them . . . lawyers use pronouns only where the antecedent is very evident and even then may decide to use the name or a noun instead’ (Tiersma, 1999:72). He (ibid.) adds that ‘avoiding pronouns makes sense in documents such as contracts where it is essential to carefully distinguish the rights and obligations of two or more parties’. As noted above this phraseology is sometimes purposeful, in which case pronouns ‘can be deleted without altering the meaning of the text’ because ‘it is often said that lawyers are noted for never using one word when ten will do’ (Meredith, 1979:64). Below is an example of lexical repetition:

To keep the interior of the property, the internal decorations and the fixtures, furniture and effects in good repair and condition . . . and to replace if necessary any items of the fixtures, furniture and effects. (Tenancy Agreement, article 3) Lexical chains joined by commas, with and/or at the end of the chain are also a common characteristic of legal English: Everyone is entitled to all the rights and freedoms . . . without distinction of any kind, such as colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. (UDHR, article 2) 30 Arabic–English–Arabic Legal Translation The contractor shall indemnify and keep indemnified the Council against all losses, costs, demands, charges, proceedings, damages, expenses and all other liabilities . . .

(Partnership Contract, article 20) (b) Conjunctions Conjunctions signal the way the writer wants the reader to relate what is about to be said to what has been said before (Baker, 1992:190). They are classified into ‘additive, adversative, causal, temporal and continuatives’ (Halliday and Hasan, 1976). The most recurrent conjunctions in legal English are ‘and’ and ‘or’. They sometimes lead to ambiguities and this has led to the rise of the hybrid conjunction ‘and/or’ (Triebel, 2009:156). This combination, according to Mellinkoff (1963:307), is ‘traditional, habitual . . . and has caused uncertainty, litigation and courtroom failure’; since ‘there is not always agreement as to what and/or means especially where it is used to link more than two nouns or adjectives’ (Triebel, 2009:157). Below are some instances of the occurrence of such a conjunction combination:

The authorized officer and/or instructing Officers; to secure such compliance and/or to comply with advice . . . ; The Contractor shall in circumstances be entitled to any additional payment for its encounter of and/or dealing with such physical conditions . . .’.

(Partnership Contract: pp. 13, 21 and 27 subsequently) (c) Reference Generally, reference is only effective in legal discourse when the reference and its ante- cedent are clearly laid out and there is no possibility of ambiguity. Lexical repetition is to be used if any ambiguity could arise, even if repetition will result in redundancy. Archaic terms are common means of reference in English legal documents. These include ‘hereinunder’, ‘hereafter’, ‘herein’, ‘aforesaid’, ‘such’, ‘this’ and ‘that’ to list just a few.

They are indeterminate: they do not specify the element they refer to. For example, ‘“afore- said”, refers to something that has been said before but you cannot be sure what it refers to’ (Mellinkoff, 1963:305). 29 The use of ‘said’ and ‘such’ is also distinguished in legal English.

Kurzon (1986:49) comments: ‘instead of the usual “this” and “that” as determiners in cases of noun repetition, the adjectives “said”, “such” and “same” may occur as in the said prop- erty and such persons’. Tiersma (1999:88) criticizes the use of ‘same’, ‘such’, ‘said’ and its variant ‘aforesaid’ to substitute a pronoun, or an article. He gives the following example to explain the vagueness that ‘same’ may cause in a sentence:

She made an offer in a letter to buy the machinery and I accepted same. (Tiersma, 1999:88) For Tiersma, ‘same’ adds nothing to the sentence; it contributes to the vagueness that the pronoun ‘it’ may have caused and gives the sentence a more archaic nature. Meredith (1979:64) and Triebel (2009:160) suggest the replacement of some of these unspecific words by other more specific terms. For instance, ‘such’ can be replaced by ‘the’, ‘that’, ‘those’, ‘this’, ‘them’ depending on the context. ‘Said’ can be replaced by ‘the’, ‘that’, or ‘those’.

Similarly, ‘same’ can be replaced by ‘it’ or ‘them’. Cataphoric reference is not cited in the legal documents investigated; but below is one example of anaphoric reference: 30 Features of English and Arabic legal discourse 31 X presented as a pleasant and cooperative 7 year old . . . His mental state was intact . . .

He was not depressed . . . He was not tearful . . . He related well to his mother. (Report to Court) 3.3 FEATURES OF ARABIC LEGAL DISCOURSE Test your knowledge before studying the features of legal Arabic.

Exercise : With reference to the features of legal English, discuss in small groups the following questions:

1.

How many of these features exist in legal Arabic? Name some of them on the lexical level, the syntactic level and the textual level.

2. What are the features that do not exist in legal Arabic?

3. Do archaic terms exist in legal Arabic? If so give some examples? 3.3.1 Introduction Arabic, stated Basil Hatim, in March 2008, ‘does not have its legal register’. 31 He also declared in December 2009 32 that ‘there is no well- defined register of legal discourse in Arabic’. I will take Hatim’s words as my point of departure in this section. I will try to investigate this hypothesis in order to argue for or against. Due to the lack of reference books that have dealt with the language of legal Arabic, discussing its features will be challenging. 33 To overcome this hurdle, I have consulted many books on Arabic linguistics and Arabic stylistics as well as Arabic translation. My aim is to figure out the main features of Arabic in general and see how many of these features apply to the language of legal Arabic. Moreover, I have taken the features of legal English as guidelines, according to which I will analyse the corpus of Arabic legal documents. Such an analysis will help me come up with the common features of these different legal subtypes and at the same time compare them to legal English. 3.3.2 Lexical features The borderlines between different Arabic legal subtypes are not clear- cut. This may justify Edzard’s (1996) categorization of legal texts. In 1996, he discussed the language of diplo- macy, although he has quoted all his examples from international legal documents, namely treaties which are considered one of the subcategories of the language of the law. In 1997, Edzard referred again to international law documents, such as the Vienna Convention on the Law of Treaties which he categorized as a legal document. In the case of legislative documents whether international or local, the language of such legislations involves diplomatic jargon and political emotive expressions. These can be represented in different ways such as hyperboles, repetition and metaphors. The following example of the occurrences of diplomatic jargon is taken from the Constitution of the People’s Democratic Republic of Algeria 1989 (amended 1996). 32 Arabic–English–Arabic Legal Translation نوصيو يمحي نأ نطاوم لك ىلع بجي The duty of every citizen is to protect and اهبارت ةملاسو اهتدايسو دلابلا للاقتسا safeguard the independence of the country and the . . . ينطولا integrity of its national territory . . . (Article 61) The above phrases also co- occur in media Arabic. To substantiate such a claim, the following table represents the collocation of the word ضف (settlement) in the Al-Hayat News Corpus (LDC-AR): Table 3.2 Collocation of the word ضف (settlement) in Al-Hayat News Corpus Collocation JointFreqLL score تاعازنلا ضف 28 952 114.80 تاعزانملا ضف 18 252 81.69 كابتشلاا ضف 19 488 80.34 عازنلا ضف 6 3674 15.68 It is also worthwhile to note that Arabic legal discourse shares other features of literary Arabic such as figures of speech. In this context, Gu (2006:140) compares the roots of Arabic with English:

Whereas legal English adopted a Romanic vocabulary to build its legal (as distinct from literary) language, legal Arabic grew out of literary language and became more sophis- ticated with the development of its literary counterpart. In fact, there was neither a clear separation between legal, religious, linguistic and literary Arabic nor an absolute divi- sion of labour between grammarians, theologians and jurists in early Islam.

An example of the metaphoric nature of texts is cited in the Preamble of the Iraqi Constitution, 2005:

نطوم ، نيدفارلا يداو ءانبأ نحن We, the people of Mesopotamia, the homeland of نيوتكم و . . . ءايبنلأا و لسرلا apostles and prophets . . . and burnt by the flames of و . . . ةيعامجلا رباقملا نجش ىظلب grief of the mass graves . . . and drying out of its . . . ةيركفلا اهعبانم فيفجت cultural and intellectual wells . . . FredT: The Iraqi Constitution: The above excerpt is just a small quote of a two- page long preamble which is considered a masterpiece of the Arabic prose style. It is rich with many prosodic features (for example alliteration, rhyme) and figurative features (including metaphors). Metaphors occur in specialized language for some reasons given by Matulewska (2007:130): Features of English and Arabic legal discourse 33 metaphors are rather unusual in languages for special purposes because they introduce a certain lack of precision. Some of them enter into legal discourse because judges use them while performing their job . . . There are also metaphors which penetrate the language as literal translations from Latin metaphorical phrases e.g. nudum pactum resulted in a naked or nude contract.

Two metaphors are used in the above Arabic excerpt: the first of which is: ( ىظلب نيوتكم ةيعامجلا رباقملا نجش – burnt by the flames of grief of the mass graves) which gives an image of the grief and sorrow of the Iraqi people. This expression is used in Arabic to express a very complicated status of sorrow. The second phrase ( ةيركفلا اهعبانم فيفجت – drying out of its cultural and intellectual wells . . .) talks of cultural and intellectual properties as wells which were dried out because of conflicts. In the Cairo Declaration of Human Rights in Islam, a similar metaphor is used: يلإ يضفت لئاسو يلإ ءوجللا مرحي It is forbidden to resort to such means as may result in .يرشبلا عوبنيلا ءانفإ the genocidal annihilation of mankind. (Article1:b) The word ( عوبنيلا – spring) is metaphorical since it refers to humankind as a spring. 34 Nevertheless, technical terms or ‘terms of art’ (Mellinkoff, 1963:16) exist in legal Arabic, for official Arabic documents are loaded with words with specific legal meaning; some of them include synonymous words such as the bracketed words below:

دقع contract ةيضق case ةمكحم court يضاق judge هيلع ى َ عد َ ملا the defendant ( ءاركلا ) راجيلإا lease ( يركملا ) كلاملا the landlord (يرتكملا )رجأتسملا the tenant This class of legal terms gives the text (for example a certificate and a contract) a specialized legal nature because of the ‘lack of figurative or emotive expressions’ and the ‘pure informa- tive nature’ (Abdul-Raof, 2001:117). Arabic legal texts also involve common words with legal meaning such as فرطلا (party) as in يناثلا فرطلا و لولأا فرطلا (the first party and the second party) in contracts and agreements, عافدلا (the defence or more precisely the lawyer), as is always the case in court hearings. These words are also used in non- legal contexts, for instance, ‘ عافدلا ’ in: .هتيرح نع عافدلا نطاوم لك قح نم It is the right of each citizen to defend his freedom. (Author’s translation) 34 Arabic–English–Arabic Legal Translation 3.3.2.1  Religious,  culture-  specific  and  system-  based  terms    and  expressions Culture- specific and system- based terms and expressions are common in Arabic private documents such as marriage contracts. Some religious terms are underlined below in the excerpt quoted from A Template for A Customary Marriage Contract: يفرع جاوز دقع -: يتلآا ىلع اقفتا دقف دقاعتلل امهتيلهأ يلع نافرطلا َ رقأ نا دعبو . . .

-: لاوا باتك يلع هل اجوز رخلآاب يضتراو رخلآا يلع هجاوز دقعي نا ىلع نيفرطلا نم لك لبق ةفاكل جتنم مئاد جاوز دقع ةباثمب دقعلا اذه ربتعاو ةفينح يبأ بهذم يلعو هلوسر ةنس و الله ةيعرشلاو ةينوناقلا راثلأا -: ايناث يتلا ةينوناقلاو ةيعرشلا عناوملا ةفاك نم ةيلاخ اهنأب اذه يف يناثلا فرطلا (ةجوزلا ) رقت لولأا فرطلا نم جاوزلا اهيلع مرحت -: اثلاث يف يناثلا فرطلا نم جاوزلا هيلع مرحت يتلا ةيعرشلا عناوملا نم هولخب لولأا فرطلا رقي ةجوز يه دقعلا اذه يف يناثلا فرطلا هتجوز ناو ةعبرأ نم رثكأب جوزتم ريغ هنأب دقعلا اذه اقبطو ةيملاسلإا ةعيرشلا بسح نوناقلا ماكحلا -: اعبار ةيعرشلا ةينوناقلا قوقحلا ةفاكب لسن نم ةيجوزلا ةايحلا هرمثت ام نأب دقاعتلا يفرط رقي يرخلاا قوقحلا ةفاكو ثاريمو ةقفنو بسن نم ءانبلأل ةررقملا -: اسماخ فلاخ يأ ثودح ةلاح يفو لولأا فرطلا يلإ ةيجوزلا ةايحلا مهرمثت نيذلا دلاولأا بسني . . . انوناقو اعرش ةمزلالا ةقفنلاب مهيلع قافنلإاب مزتلي الله ردقلا A translation of the underlined Shariʿah Law and religious expressions in the above docu- ment is given below: Arabic English امهتيلهأ Their legal capacity هلوسر ةنس و الله باتك يلع According to the Holy Book of Allah and the Sunnah of His Messenger ةفينح يبأ بهذم يلعو According to the doctrine of Abu-Hanifa ةينوناقلاو ةيعرشلا عناوملا Legal and religious impediments بسن Kinship ةعبرأ نم رثكأب جوزتم ريغ Not married to more than four wives الله ردقلا Allah forbids ةقفن Alimony Features of English and Arabic legal discourse 35 Religious elements include reference to the Hijri calendar as in Saudi Marriage Contract Template ( ملسو هبحصو هلآو دمحم انيبن ىلع ملسو الله ىلصو ـه 1429/2/10 يف ررح issued at 10/02/1429 AH, blessings and peace be upon our Prophet Muhammad and upon his family and companions). Other contracts refer to the Hijri calendar along with the Gregorian calendar such as (. . . نم لك نيب قافتلاا و اضرلا لصح م . . . قفاوملا ه . . . موي يف هنا – It has been agreed, on the . . . AH, . . . AD between . . .) in a Customary Marriage Contract. Some contracts start with a religious reference such as: ( ملاسلا و ةلاصلا و الله دمح دعب – الله لوسر ىلع (After praising God and prayer and peace be upon His Messenger) in a Contractor’s Contract; هدعب يبن لا نم ىلع ملاسلاو ةلاصلاو هدحو لله دمحلا (Praise be to God, Prayers and Peace be upon the last of all the Prophets) in a Goods Distribution Contract; and ىلاعت الله نوعب (with the help of Almighty Allah) in a Customary Marriage Contract. Other statements occur at the end of some contracts such as نيدهاشلا ريخ ىلاعت الله و (Allah is the best witness); and قفوملا اللهو (May Allah give success) in a Marriage Contract.

3.3.2.2  Formality Although both English and Arabic legal discourse are formal, the way legal Arabic expresses such formality is widely different from English. In Arabic, formality is done through forms of address or honorary titles due to the diverse social and political backgrounds in different Arab countries. Modes of address which are expressions of courtesy are one of the distinctive features of Arabic legal texts. The following excerpt from The Pact of the League of Arab States – II introduces examples of the titles used in a legal context. It should be mentioned that these titles are also initiated by the word ( ةرضح – Excellency) which is redundant and is omitted in the English rendition as given below:

Sometimes, introductory statements that portray high levels of decorative phrases are employed. Consider the following excerpt from one of the meetings of the Islamic Educational, Scientific and Cultural Organization (ISESCO) in Paris 1999: ةيروهمجلا سيئر ةماخفلا بحاص ةرضح ريمأ يكلملا ومسلا بحاص ةرضح و ،ةيروسلا كلم ةللاجلا بحاص ةرضح ،ندرلأا قرش سراف ديسلا ةلودلا بحاص ةرضح . . . قارعلا يتفملا ديعس يلاعملا بحاص ةرضح ، يروخلا كب مازع نمحرلا دبع ةزعلا بحاص و . . . اشاب (Mansoor, 1965a:1) . . .

His Excellency the President of the Syrian Republic, His Royal Highness the Emir of Transjordan, His Majesty the King of Iraq . . . His Excellency Faris Al Khury, His Excellency Said Al Mufti Pasha . . . His Excellency Abd Rahman Azzam Bey . . . Minister (Mansoor, 1965b:1) 36 Arabic–English–Arabic Legal Translation نع مكل ربعلأ ةبسانملا هذه منتغأ يف قيفوتلا و حاجنلاب ةصلخملا يتاينمت مكطانأ يتلا ةبعصلا و ةميسجلا ةمهملا .دوفولا ءاسؤر و ءارزولا مكؤلامز اهب ريدقت نوبرع َ لاإ ةيلوؤسملا مكديلقت ام و ةقث ليلد و كنحم ةلود لجرك مكلاصخل يف ليوط عاب يذ صخشك مكتاءافك يف .ميلعتلا و ةيبرتلا لوقح I seize this opportunity to wish you every success in accomplishing the challenging and difficult task which has been entrusted to you by your colleague ministers and the heads of delegations. It is nothing but an appreciation of your qualities as a wise statesman and confidence in your skills and long experience in the field of teaching and learning. (Author’s translation) The underlined part in the above example shows an elaborate way of expressing appreciation as well as the use of the plural second person pronoun throughout the whole example, for example مكل (you); ءارزولا مكؤلامز اهب مكطانأ – has been entrusted to you by your colleague ministers; مكلاصخل ريدقت نوبرع لاا ةيلؤسملا مكديلقت ام (it is nothing but an appreciation of your qualities). This type of highly decorative language distinguishes formality in Arabic from its counterpart in English which does not employ such highly decorative expressions. 35 This honorific feature of legal Arabic also exists in formal letters such as a concluding remark of appreciation and respect: مارتحلإا رفاو لوبقب اولضفت و – please (you, masculine plural pronoun) accept my utmost respect; ركشلا ليزج مكل و – many thanks (to you, mascu- line plural pronoun). These expressions correspond to the English concluding expressions of ‘my kind regards’ and/or ‘yours sincerely’. First person plural is a means of expressing this formality in Arabic as given in the following excerpt from The Preamble of Federal Law of Civil Service in the Federal Government (No.21:2001), King Zayed declared: سيئر نايهن لآ ناطلس نب دياز نحن . . . ةدحتملا ةيبرعلا تاراملإا ةلود :يلاتلا نوناقلا انردصا We, Zayed bin Sultan Al-Niahayyan, the President of the United Arab Emirates . . . (we) have issued the following Law: (author’s translation) Such formal expressions are also common in other types of Arabic discourse (for example media and diplomatic discourse). In the United Arab Emirates, for example, referring to one of the royal family takes the following form: سيئر بئان ،موتكم لآ دشار نب دمحم مكاحو ،ءارزولا سلجم سيئر ، ةلودلا .هاعر و الله هظفح ، يبد Muhammad bin Rashid al Maktoom, the Vice- President, the Prime Minister and the ruler of Dubai, may Allah preserve and watch over him.

(Author’s translation) Features of English and Arabic legal discourse 37 Each country uses their own way of expressing modes of address. In pre-2011-revolution Libya, for example, they referred to their president as: دئاق يفاذقلا رمعم ديقعلا خلأا كولم كلم و ميظعلا حتافلا ةروث .ايقيرفأ Brother and leader, Colonel Muʿammar al-Qadhafy, guide of the great victorious revolution and king of kings of Africa. (Author’s translation) The following is an excerpt of the concordance lines of the Al-Hayat news corpus which explains further the similarity between media Arabic and legal Arabic in terms of formality.

As the extract shows, the highlighted words given in the middle of the concordance lines represent honorific titles that exist in different news items about Gulf figures. Examples of these titles are . . .

خيشلا ومسلا بحاص ةرضح (His Highness Sheikh . . .); . . . ريملأا ومسلا بحاص ةرضح (His Highness Prince . . .); . . . كلملا ةللاجلا بحاص ةرضح (His Majesty King . . .); . . . روتكدلا ةداعسلا بحاص ةرضح (His Excellency Dr. . . .).

3.3.2.3  Gender-  biased  terms Baker (1992:92) notes that in Arabic ‘gender distinctions are reflected in nouns and pronouns but also in the concord between these and their accompanying verbs and adjectives’. Legal Arabic uses words that are marked for masculine. Many of these words exist in official local 38 Arabic–English–Arabic Legal Translation documents such as contracts. One can find terms like دهاشلا ، دقاعتملا ،رجأتسملا ، كلاملا (the landlord, the tenant, the contracted party and the witness, respectively). Consider the following examples from an Employment Contract: ةفيظو تابجاو دقاعتملا رشابي رقم يف ةيبنجأ تاغل ريتركس .اهعورف وأ ةرازولا The contracted party shall carry out the duties of Foreign Languages Assistant in the headquarters or the branches of the Ministry.

(Hatim, Shunnaq and Buckley, 1995:174–175) According to the above example, the contract refers to male parties only and excludes any potential landladies or female tenants or even witnesses. The term دقاعتملا (the contracted party) refers to a male because the term ريتركس (secretary), which is masculine, refers back to it. At the same time, the term ريتركس (secretary) was translated as a gender- neutral word (Foreign Languages Assistant). In other documents one cannot figure out the gender of some words (for example the parties). For instance, in the following excerpt from a Tenancy Agreement, the Arabic text refers only to male lessee and lessor. ةلاح يف رجأتسملا ىلع بجي يف هتبغر مدع و دقعلا ةدم ءاهتنا ايطخ كلذب رجؤملا رابخا هديدجت رهشأ ةثلاثب دقعلا ةدم ءاهتنإ لبق ارجأتسم ربتعي لاإ و لقلأا يلع اذإ لاإ يرخأ ةنس ةدمل روجأملل .كلذ رجؤملا دارأ In the event of the expiry of the period of the contract and with no desire to renew the contract, the lessee must similarly give written notification of this to the lessor at least three months prior to the expiry of the period of the contract, otherwise he/ she will be deemed to be the lessee of the rented property for another year if the lessor so wishes.

(Hatim, Shunnaq and Buckley, 1995:186–187) In court, one can hear terms like بتاكلا ، بجاحلا ، يضاقلا ، عافدلا ،هيلع ى َ عد َ ملا ، ي ِ ع َ د ُ ملا (the claimant – the defendant, the defence (lawyer), the judge, the bailiff and the clerk respectively). 36 In international documents, there is inconsistency in the representation of gender in the ST. Sometimes neutral words are used as in example 1 below whereas gender- marked masculine is used in example 2. ىفو ةايحلا يف قحلا درف لكل هصخش ةملاس ىفو ةيرحلا .1 1. Every individual has the right to life, liberty and security of person. (AChHR, Article 5). تبثت نأ ىلإ ئرب مهتملا هل نمؤت ةينوناق ةمكاحمب هتنادإ هنع عافدلل . . . .2 2. The accused shall be presumed innocent until proved guilty at a lawful trial in which he has enjoyed . . . for his defense. (AChHR, Article 7) Features of English and Arabic legal discourse 39 Similarly, in organisations, for example in a university, there are gender distinctions in the names of different departments where the Personnel Department ( نيلماعلا نوئش ), or the Graduate Office ( نيجيرخلا نوئش ), refer only to masculine staff or graduates, excluding any reference to women staff or female graduates. Another interesting example of gender- biased terms is given during the inauguration of the ministers taking oath of office for the new Egyptian interim government in July 2013.

This oath is written in masculine as given below: ىلع ً اصلخم ظفاحأ نأ ميظعلا للهاب مسقأ و روتسدلا مرتحأ نأ و يروهمجلا ماظنلا بعشلا حلاصم ىعرأ نأ و نوناقلا للاقتسا ىلع ظفاحأ نأ و ةلماك ةياعر .هيضارأ ةملاس و نطولا I swear by Almighty God to loyally uphold the Republican system, to respect the Constitution and the law, and fully safeguard the interests of the people and to safeguard the independence of the nation and the territory unity and integrity.

(From The Egyptian Satellite Channel: 5 o’clock news, July 2013) The oath is written in masculine. There are three female ministers, all of them have uttered it as it is, and they did not use the feminine form of the word ً اصلخم (sincerely) to agree with the verb. It is worth mentioning that Arabic preference for the masculine element in writing has a close relation to the cultural and social background of the Arabic mind as a whole. It is an ‘inclusive’ or ‘preference’ element as Al- thaʿaliby (2000:404) comments in the following quotation: ناركذلل لماشلا باطخلا لصف :مهنيب قرفي ام و ثانلاا و On the topic of addressing males and females and what distinguishes between them in discourse. اهيأ اي ” :لج و زع الله لاق “الله اوقتا اونمأ نيذلا The Almighty Allah says: ‘O mankind! Fear your Lord!’ (Yusuf Ali, Sura 22:1) اوميقأف ” :لج و زع لاق و “ ةاكزلا اوتآ و ةلاصلا And the Almighty says: ‘So establish regular Prayer, give regular Charity’ 37 (Yusuf Ali, Sura 22:78) لاجرلا باطخلا اذهب معف و لاجرلا بلغ و ءاسنلا و .برعلا ننس نم مهبيلغت In the above verses, the address includes both men and women, but only the masculine form is used because male preference in discourse is a convention of the Arabs.

(Author’s translation except for the Qurʾanic verses) That is, if a choice is to be made in writing about both sexes it will be made in favour of the masculine not the feminine. This attitude, however, needs to be adapted in legal discourse as it may have its legal consequences. 40 Arabic–English–Arabic Legal Translation 3.3.2.4  Archaic  terms Archaic terms are also called ‘the frozen patterns of language’ (Baker, 1992:63), whereas Hatim and Mason (1997:190) refer to them as ‘routines’. They are very frequent in English as they keep the reservoirs of register. Arabic legal discourse, on the other hand, uses fewer archaic terms because there is much greater fluidity between different Arabic registers.

Similarly, Classical Arabic terms and morphology continue to exist in today’s Modern Standard Arabic (MSA). Compared to English archaic terms, they can rather be called template terms in Arabic legal discourse. Examples of them which continued to exist in MSA are: هلاعا روكذملا (mentioned above), ركذلا فلاس (the aforementioned), روكذملا (the said) and (ة)دراولا (mentioned). Example of template phrases are underlined below: يف تلقتنا دق ركذلا فلاس رضحملا انأ نلعملا ثيح ىلإ هلاعأ روكذملا خيراتلا ،ةفيحصلا هذه نم ةروص مهتملسو مهيلإ . . . ةمكحم مامأ روضحلاب مهتفلكو . . . ةيئادتبلاا I, the aforementioned bailiff, have moved on the above date to where the informed parties live, handed over a copy of this document and summoned them to appear before the primary court of . . . (a suit for the appointment of a liquidator of a company) (author’s translation) Not all the template terms, however, continued to exist in MSA. For instance, in a collection of legal documents published in the seventeenth century Ottoman period, there are template terms such as روفسملا (the stated) and روبزملا (the aforementioned) (Ebeid and Young, 1976:14 and 36 subsequently) which have disappeared from modern Arabic legal texts. 3.3.3 Syntactic features Arabic has two major tenses: يضاملا (perfect) and عراضملا (imperfect); the exact tense and aspect is determined in Arabic through temporal elements such as امل (when ) لازام (still) to denote perfect and س (will) / فوس (will) to denote future. The imperfect and the impersonal in legal Arabic are common, particularly in international documents and legislations which are addressing general topics and not specifying individuals. Below is a discussion of the syntactic features of legal Arabic in more detail.

3.3.3.1  Nominalization The nominal form of the verb لعفلا مسإ (verbal noun) is common in Arabic and in legal docu- ments. Holes (2004:320) points out that: ‘nominalization like passivization, allows “un - attributable” claims to be made, for example at its simplest, hunaka “ʿtiqad ‘nna . . ./ there is a belief that” as opposed to “I”/ “he” / “they” believe that . . .’ Both syntactic struc- tures obscure agents; hence the text appears more objective. Nominalization is more com- mon in certain text types than in others, for example in constitutions, legislations and in international documents where there is a need for inclusiveness in writing. In contracts, Features of English and Arabic legal discourse 41 however, it can be less common. To substantiate this claim, the following excerpt from the Egyptian Constitution 2012 presents a good number of nominal forms in one article: ىلإ ىنطولا داصتقلاا فدهي ،ةلماشلا ةدرطملا ةيمنتلا قيقحت قيقحتو ةشيعملا ىوتسم عفرو رقفلا ىلع ءاضقلاو ،هافرلا . . . لمعلا صرف ةدايزو ،ةلاطبلاو The national economy aims at achieving comprehensive, constant development, raising the standard of living, achieving welfare, eliminating poverty and unemployment, increasing job opportunities . . . (Article 14) (author’s translation) Nominalization is also common in other types of MSA (for example media discourse). Holes (2004:314–324) lists the common features of Arabic news discourse, among which is nominalization. I have found that nominalization in the Al-Hayat Arabic news corpus avail- able online is highly frequent.

3.3.3.2  Passivization Legal Arabic, like any legal language seeks accuracy and precision by avoiding obscurity of agents. That is why legal Arabic favours active to passive – a characteristic which is specific to MSA – as Rosenhouse (1988:92) argues: ‘Arabic is known to avoid passive verb forms and not to favour much use of them in its sentences’. This attitude, however, has changed and a tendency to use passive has begun, albeit basic and inconsistent. The following examples are cited in two subtypes of legal Arabic: و ً ايئاقلت و ً اروف دقعلا اذه خسف ُي This contract is revoked immediately and absolutely without any prior . . . ةلاح يف راذنإ وأ هيبنت نودب notice if . . . (Tenancy Agreement, article 12) (author’s translation) ىلع يمازللاا ليغشتلا ضرفي لا نوناقلا ىضتقمب زوجي هنأ ريغ دحأ يأ ىلع ةمدخ وأ لغش ضرف صخشلا رجؤ ُي لا . . . . صخش وأ . . . صاخشا يلإ هيلع موكحملا .اهفرصت تحت عضوُي Compulsory labour may not be imposed on any person but any person may be required to do any work or to render any service in circumstances prescribed by law . . . no convicted person shall be hired to, or be placed at the disposal of, any persons . . .

(Constitution of the Hashemite Kingdom of Jordan 1952, Article 13) As shown in the above examples, passive occurs in contracts, and constitutions. We can also argue that it exists in administrative and technical texts. However, to substantiate this claim, we need further studies using corpus- based tools and this can be done in a separate study. 42 Arabic–English–Arabic Legal Translation 3.3.3.3  Modals Arabic does not have a well- defined set of modal auxiliaries. Suleiman (1999) calls them modal expressions rather than modal verbs. By ‘expressions’ is meant the phrasal modals such as the ones initiated by the preposition ‘min’ مزلالا نم (it is necessary). Based on the analysis of a collection of Arabic legal documents, the most frequent lexical modal verbs are زوجي (may), بجي (must); prepositions and particles are also frequent such as نأ . . . ِ ل (for . . . to) which is a short version of: نأ . . . ِ ل زوجي (it is allowed for (somebody(ies)) to) نأ . . . ىلع (on . . . to) which is an abbreviated version of نأ . . . ىلع يجب – (it is incumbent on (somebody (ies)) to). The particle دق (may) is also used. All these forms correspond to the English modal verbs: shall, must, may and these verbs, among some other less frequent forms take an imper- fect clause initiated with نأ (to) or as Abdul-Raof puts it ‘a verb- first sentence’ (2001:35). The following are examples of modal verbs which are quoted from the Egyptian Labour Law: ءاهنلإا لبق راطخلإا متي نأ بجي نيرهشب . The notification shall be given two months before terminating the contract. (Article 111) نم ءافعلإا ىلع قافتلاا زوجي لا نكلو ،هتدم ضيفخت وأ راطخلإا طرش . ةدملا هذه ةدايز ىلع قافتلاا زوجي No agreement on exemption from the notification condition or reduction of its period shall be reached. However, agreement shall be reached on increasing that period. (Article 115) 3.3.3.4  Complex  sentence  structure Lack of well- defined sentence boundaries and inconsistent use of punctuation marks result in long complex sentences. Although it is a common feature of Arabic to favour coordination through the conjunction و (and), legal Arabic displays complexity by using both coordinated clauses and embedded and relative clauses initiated by one of the relative pronouns يذلا ، يتلا (who, whom, which, that). The excerpt below from the Administrative Provisions in the Egyptian Civil Courts, exemplifies the complexity of legal Arabic: the long unpunctu- ated sentences, the number of embedded and complex conditional clauses. نأ يئانجلا هقفلا يف ةررقملا ةدعاقلاو يه عرشملا اهيلع صني يتلا ةبوقعلا ةبكترملا ةميرجلا عون ددحت يتلا ةميرجلا تناك اذإف اهيلع بقاعملاو وأ مادعلإاب نوناقلا اهيلع بقاعي ةيانج يهف نجسلا وأ ةقاشلا لاغشلأا يذلا سبحلاب اهيلع ً ابقاعم ناك نإو وأ عوبسأ نع هتدم ىصقأ ديزي لا اهرادقم ىصقأ ديزي لا يتلا ةمارغلاب .ةحنج يهف يرصم هينج نع The rule established in criminal law is that the punishment which is prescribed by the legislator determines the type of crime committed and which is therefore punishable.

If the crime is to be punished by death or hard labour or imprisonment, it is a felony. If the crime is to be punished by imprisonment the maximum duration of which does not exceed a week or a fine the maximum amount of which does not exceed one Egyptian pound, it is a misdemeanour. (Author’s translation) Features of English and Arabic legal discourse 43 In the case of official documents such as marriage and divorce certificates, sentences are not long. That is because of the arbitrary nature of the template which takes different formats and the fragmentary nature of sentences. One can see a whole certificate tabulated format, or half of it in a table while the other half is in normal writing. At other times, one can find the whole certificate written in fragmented statements, with sub- headers separated by commas.

3.3.3.5  Doublets  and  triplets Arabic legal texts involve two or three words of related meanings, sometimes synonymous or near- synonymous which are conjoined by و (and) or وأ (or). These are called by Badawi, Carter and Gully (2004:138) ‘binomials or polynomials’; ‘hendiadys’ by Al-Qinai (1999:244); ‘synonym couplets’ by Williams (1989:62) and ‘dyadic couplets’ (quoted in Williams, 1989:62). Synonymous pairs are considered a form of repetition which is a broadly used stylistic device in MSA. Consider the following examples of doublets and triplets: اذه رجاتسملا فلاخ اذاو اخوسفم دقعلا ربتعي طرشلا . . . راذنا وا هيبنت نودب اروف If the tenant violates this condition, this contract revokes immediately without any prior notice . . .

(Tenancy Agreement, Article 11) (author’s translation) كلذب ينم دهعتو رارقإ اذهو نود هب درو ام لكب مزتلأو رقأ .هاركإ وأ طغض يأ This is to certify that I recognise and commit to whatever is stated herewith, without any pressure or coercion. (Tender) (author’s translation) ، ىرتشملا ىناثلا فرطلا رقي اهيلع هدي عضوو اهملتسا هنأ . . . ةنهارلا اهتلاحب اهلبقو The second party, the buyer, acknowledges that he has received and placed his hand on it and accepted it as it is . . . (Contract of Sale of Agricultural Land) (author’s translation) ةهج نم هلوق يف قدصم وه و للخلا و فلتلا و بيعلا دوجو . . . قفنأ ام رادقمب و The Lessor is deemed to be trustworthy in his account of the fault, the harm or the damage and the cost . . . (Contract of Lease, Hatim, Shunnaq and Buckley, 1995:186–187) As shown above, doublets occur in two- word forms as in the first two examples or the three- word forms in the third example and three near- synonymous verbs in the final example.

3.3.3.6  Participles There are some other grammatical features in Arabic legal texts, such as لوعفملا مسإ (the passive participle), 38 قلطملا لوعفملا – the absolute object, or ‘cognate accusative’ as Ryding (2005:83) calls it. Wright (1967:109) calls the passive participle ‘nomen patients’, classi- fying them as adjectives, ‘but they have come to be used as substantives’ (ibid.). For Gadalla (2010:2), the passive participle syntactically performs a number of functions, it can be used as a noun, adjective or a tense (for example replacing verbs). 39 Consider the following example from the Constitution of the Hashemite Kingdom of Jordan, 1952: 44 Arabic–English–Arabic Legal Translation رئاعشب مايقلا ةيرح ةلودلا يمحت ام . . . تاداعلل اقبط دئاقعلاو نايدلأا ةيفانم وا ماعلا ماظنلاب ةلخم نكت مل . بادلآل The State shall safeguard the free exercise of all forms of worship and religious rites . . . unless such is inconsistent with public order or morality. (Article 14) Copyright © 1998, The Royal Hashemite Court In the following example from the Constitution of Morocco 2011, the underlined words are examples of the present participle in Arabic which are rendered in English into nouns: ‘the protector’ and ‘the guarantor’ subsequently. يماحو نينمؤملا ريمأ ،كلملا نماضلاو ،نيدلاو ةلملا ىمح نوؤشلا ةسرامم ةيرحل .ةينيدلا The King, Amir al-Muʾminin (Commander of the Faithful), protector of the faith and religion and the guarantor of the free exercise of religious affairs. (Chapter 41) (author’s translation) The absolute object is a grammatical structure that involves emphasizing the verb by means of using a verbal noun from that same verb. The following two instances exemplify the absolute object in Arabic legal discourse. نياع هنأ ىناثلا فرطلا رقي ةنياعملا عيبلا عوضوم ةقشلا .ةلاهجلل ةيفانلا ةماتلا The second party acknowledges that he/she has fully inspected the apartment for sale, without any uncertainty or ignorance on his/her part.

(Contract for Sale for an Apartment) (author’s translation). ةحلاصم احلاصتو نافرطلا جراخت . . . لوكن لاو اهيف عوجر لا ة ّ يعطق نم لولأا فرطلا ضبق The two parties have exited and reached definitive reconciliation without the possibility of retraction or withdrawal. لاومأ نم هبيصن يناثلا فرطلا اذه ىلع عيقوتلا دنع ةـكرتلانم مهت ّ مذ تأرـبأ و ، دقعلا لك اطقسم لاماش اءاربإ اهتصح .بلطو ىوعدو ّ قح The first party has received her share of the legacy from the second party on the signing of this contract and has completely absolved the second party, quashing any right, lawsuit or request.

(A Contract of Quittance from a Legacy: Article 2) (author’s translation) 3.3.4 Textual features Arabic has its own textual devices which are used as linguistic resources to achieve cohesion in all Arabic text types (Abdul-Raof, 2001:59). Many Arabic authors have been concerned Features of English and Arabic legal discourse 45 with investigating the different textual features of Arabic and their impact on translation, for example repetition and punctuation (Al-Khafaji 1999, 2001, 2006, 2007; Emery 1990; Johnstone 1991 and Fareh 2006). The following sections consider more closely the common textual features. It is noteworthy that the excerpts quoted as examples of the textual features of legal Arabic are mostly from legislative and international text types, because the textual features are better represented in these text types than in official documents. These were rarely cited because some of these features are not as common as in other text types, due to the formulaic specialized nature of them.

3.3.4.1  Lexical  repetition Lexical repetition, also ‘semantic redundancy’, ‘verbosity’ or ‘wordiness’ (Shunnaq, 1994:103–4; 2000:209) is inevitable for achieving cohesion. Recurrence is used, according to Jawad (2009:754, 763), to achieve two major cohesive functions: textual and rhetorical as explained below:

lexical repetition assumes the role of organizing and rendering the text cohesive in much the same way connectives do. Rhetorically, lexical repetition has to do with the expressive meaning that a marked repetitive pattern evokes . . . by the recurrence of certain lexical items in a short piece of text, a foregrounded image is projected on the surface of the text signalling a semantic weight that goes beyond the mere senses of the repeated utterances. Thus rhetorical repetition can be considered an extra layer, or extra regularity aimed at triggering extra meanings as well as organizing the overall composi- tion of discourse.

Lexical repetition is employed in different text types for various purposes. In argumentative texts (for example political speeches), it is used for persuasion, whereas in legal documents, its function is accuracy. Repetition occurs within one sentence or across sentence bound - aries. Hassan (2005a:87) lists the following reasons for employing lexical repetition within a text: Give more information about something vague.

Mention something specific about something general (hyponymy).

Mention the general after the specific.

Abridge gaps in information: to remind the recipient of something mentioned long before.

Emery (1990:130) comments on prolixity and brevity in Arabic as follows: The tension between prolixity and brevity continues to run through Arabic writing. On the one hand, Arabic discourse is often characterized as having abundance of synonymy e.g. in a string of postmodifying adjectives . . . on the other hand, Arabic may exhibit (in structures consisting of general words or function words) an austerity and economy unmatched in English; here the strategy is expansion and/or substitution of lexical words.

Emery (ibid.:130) discusses lexical repetition as ‘a feature of written Arabic which manifests itself in many forms: lexical recurrence, root- echo or paronomasia, binomials, clausal structures’. Below is a discussion of the elements of lexical repetition in detail. 46 Arabic–English–Arabic Legal Translation (a) Same word and root repetition As clear from the title, this element means the occurrence of the same word more than one time in the text. The following extract is taken from the Immigration and Care Act of Egyptians Abroad 1983: نييرصملا قحب للاخلإا مدع عم ةرجهلا وبغار ديقي ةرجهلا يف لجس يف مهبلط ىلع ءانب ةمئادلا ،ةرجهلا نوئشب ةصتخملا ةرازولاب دق يتلا ةرجهلا صرف عزوتو ىلع ةروكذملا ةرازولا ىدل رفاوتت ساسأ ىلع لجسلا اذهب نيديقملا و مهتايناكمإو مهتاصصخت لود يف ةبولطملا تاجايتحلااو يف ديقلا ةيقبسأب مازتللاا عم رجهملا .لجسلا Without prejudice to the right of the Egyptians to emigration, names of those wishing permanent emigration are to be recorded, at their request, with the Ministry of Emigration.

With a commitment to the primacy enrolment in a register , emigration opportunities that may be available to the said Ministry are to be distributed on those enrolled in the register on the basis of their specialization and their abilities and the requirements of the countries they will emigrate to. (Article 6) (author’s translation) As the example shows, there are two cases of same word and root repetition: the first is the underlined word ةرجهلا (immigration) which occurs five times in the Arabic example. The second example is the bold face word لجس (register) which occurs three times in the ST but only two times in the TT. The next example is quoted from The Treaty of Friendship between the Union of Soviet Socialist Republics and the Mutawakkilite Kingdom of Yemen : ليهستب نادقاعتملا نافرطلا دهعتي ً اقفوو ،نيتلودلا نيب ةيراجتلا تلادابملا اياعر نم لكل نوكي دهعتلا اذهل دعب ىرخلأا ةلودلا دلاب يف نيتلودلا لوخدلا اهنم نذلإا ىلع لوصحلا دهعتيو . . . اهمظن قبط ةماقلإاو قيبطتب ادعاسي نأ نادقاعتملا نافرطلا يف ةيلحملا مظنلل قفاوم ليهست لك امف ةراجتلا يف نيتلودلا اياعر تلاماعم موسرلاو بئارضلاب صتخي .ةيكرمجلا The two Contracting Parties undertake to facilitate trade exchange between the two countries. According to this pledge, the nationals of each state reside in the territory of the other state after obtaining the permission of entry and residence according to its regulations . . . The two Contracting Parties pledge to help implement all facilities, subject to their local systems, in the treatment of the nationals of the two countries in trade, with regards to taxes and customs duties. (Article 2) (author’s translation) In the above example, the word ةلودلا (state) is repeated four times in the ST whereas the word دهعت (to pledge) occurs three times.

Arabic is well- known for a common root and pattern morphology. It employs three con - sonants or radicals and a vowel pattern such as بتك (to write); the repetition of the same root is very common in Arabic generally and in legal Arabic specifically. It is further divided into two types. The first type occurs when two words have the same root but occur in a Features of English and Arabic legal discourse 47 different pattern as in اباتك بتك (he wrote a book) (Dickins, Hervey and Higgins, 2002:

104). The following instances are quoted in The Tunisian Code of Personal Status II: ةافولا ةدع دوقفملا ةجوز دتعت .هنادقفب مكحلا رودص دعب (Mansoor, 1965a: 300) The wife of a missing person, following a court decision designating him as a missing person, shall observe the same period of iddat as that applicable in case of death. (Mansoor, 1965b:140) The above excerpt shows instances of root repetition: ةافولا ةدع دتحڌ (observe the period of iddat in case of death), هنادقف ، دوقفملا (missing person, designating him a missing person).

The second type of root repetition is the ‘absolute object’ as in اتاب اضفر ضفر (he defi- nitely disagreed). Dickins, Hervey and Higgins (2002:105) list the following forms of root repetition in Arabic as follows: Table 3.3 Examples of root repetition in Arabic Category ExampleEnglish Translation Subject + verb ةرئاث راث to fly into a rage Verb + object �ابلط بلط to make a request Verb + prepositional phrase ىرخأ ةغبصب غبص to transform Conjoined nouns زازتعا و ةزع honour and self-esteem Noun + adjective ليلظلا لظلا shady shade Genitive نيعماطلا عامطأ the ambitions of the covetous Conjoined adjectives نوفعضتسملا و ءافعضلا the weak and the oppressed The list and the examples given above are illustrative of the point of root repetition in Arabic. Not all the categories occur in Arabic legal discourse such as ‘noun + adjective’, ‘geni- tive’ and ‘conjoined adjectives’. It is also worth pointing out that the example given for the first element, however, is not the right example for the category of ‘verb + subject’. That is, ةرئاث راث (he violently outraged) is a not a subject + verb relation. It is rather a verb + object (absolute object) relation. The ‘absolute object’ is employed in Arabic legal texts to add force to the verb.

(b) Phrase repetition Phrase repetition is common in the Arabic legal texts analysed. The example quoted is from an Agreement between Libya and the USA. عفدت نأ ةدحتملا تايلاولا تاطلسل زوجي اهتميق ةيلام اكوكص ةدحتملا تايلاولا تاوقل ةلمع وأ ةدحتملا تايلاولا ةلمعب هنيبم تايلاولا ةلمع تادحوب هنيبم اهتميق ةيركسع تايلاولا ةلمع وأ ةيبيل ةلمع وأ ةدحتملا ةلمعب عفدلا متي نأ طرش يلع ةدحتملا تايلاولا تاطلس ذختت و . . . ةدحتملا تايلاولا ةدحتملا تايلاولا ةلمع تادحوب . . . ةدحتملا (Mansoor, . ةدحتملا تايلاولا تاوق . . . .

1965a:284) The United States authorities may pay the United States forces in checks expressed in United States currency, or military scrip denominated in units of United States currency, or in Libyan or in United States currency, provided the payment in United States currency shall take place . . . The United States authorities will take . . . in the units of the United States currency . . . the United States forces. (Mansoor, 1965b:125) 48 Arabic–English–Arabic Legal Translation The above example shows the repetition of the underlined Arabic phrases (  ةدحتملا تايلاولا – The United States) linked with different nouns (for example تاطلس – authorities, تاوق – forces, ةلمع – currency) forming an idafa construct and their counterparts in the English text.

The main purpose of the translator is the quest for precision which is perceived in the above example as a dream or a ‘myth’ as Mellinkoff (1963:423) puts it. Another example of phrase repetition is cited in a Contract of a Lawyer’s Fees: نم يأ دادس نع يناثلا فرطلا رخأت اذإ يف اهيلع صوصنملا اهديعاوم يف تاعفدلا نم ً اموي رشع ةسمخ اهاصقأ ةدمل دقعلا اذه قحلا لولأا فرطلل نإف ، اهقاقحتسا خيرات هيلع قفتملا لمعلا ةرشابم نع فقوتلا يف يناثلا فرطلا لمحتيو ، يناثلا فرطلا عم اذه ءارج نم هب قحلت دق يتلا جئاتنلا ةفاك .فقوتلا If the second party delays any of the due payments set forth in this contract in a timely manner for a maximum period of fifteen days from the due date, the first party has the right to halt immediately the work agreed upon with the second party and the second party will be responsible for whatever ensues as a result of the halt.

(author’s translation) (c) Lexical density and parallel structures Lexical density (for example listing) is common in Arabic. Dickins, Hervey and Higgins (2002:59) classify it into two types (i) syndetic: و (and), أو (or) and (ii) asyndetic: no connector. Arabic legal discourse lists a long string of consecutive nouns separated from each other by means of أو (or) or و (and). The following example is quoted from the Amendment of the Penal Code to Combat Acts of Bullying: لك ةنس نع لقت لا ةدم سبحلاب بقاعي ريغلا ةطساوب وأ هسفنب ماق نم وأ فنعلاب حيولتلا وأ ةوقلا ضارعتساب ىنجملا دض همادختسا وأ امهيأب ديدهتلا وأ هلوصأ دحأ وأ هجوز عم وأ هيلع فيوختلا وأ هعيورت دصقب كلذو هعورف وأ يونعم وأ ىدام ىذأ يأ قاحلإب وأ هلام بلس وأ هتاكلتممب رارضلإا يف ريثأتلا وأ هنم هعفنم ىلع لوصحلا . هيلع وطسلا ضرفل هتدارإ Whosoever demonstrates the use of force or insinuates violence or threatens to use either of them himself or via another shall be punished by imprisonment for not less than one year for using them against the victim or against his spouse or one of his ascendants or descendants, with a view to terrify or intimidate them through any material or moral harm or damage to his possessions or stealing his money or getting a benefit from him or influence his will to impose robbery upon him.

(article 1) (author’s translation) It is worth noting that lexical density also exists in old legal documents published in the seventeenth century such as the following lexical string: Features of English and Arabic legal discourse 49 هارتشاف روكذملا نمثلاب روفسملا هانعب ايضام اعطاق ايعرش احيحص اعيب انم و هتحص عنمي املك نم ايلاخ ايضمم نبغلا و رغلا و طرشلا نم هذوفن بغ رابجلاا و هاركلاا و ةيجلتلاو . . . رابتخلااو رظنلا We have sold him the stated site for the aforementioned price and he has purchased it from us through a valid, lawful, definitive, effectual, ratified sale, free of any stipulation, deception, fraud, coercion, duress or compulsion, after viewing and verification . . .

(Ebeid and Young, 1976: 14–46).

Parallelism, in Arabic, is a textual feature and it is employed for maintaining cohesion in the text. It occurs at various levels, whether, phonological, (for example sound repetition), morphological (for example suffix repetition), lexical (for example couplets), syntactical (for example phrase and clause repetition). Koch gives the following definition of parallelism: to say that two linguistic structures are parallel is to say that they share a common struc- tural frame and that within this frame, some element or elements differ in form. What is on the face of it most curious is that the elements that differ always stand in a close relationship to one another. They can be phonological, morphological, register or dialect variants, synonyms or antonyms, metaphorical versions of one another, or any of a number of other things. Parallelism is the way paradigms are created. (quoted in Williams, 1989:62) Williams (1989:63) considers repetition at word level (for example root and pattern repeti- tion); repetition at clause level; and paraphrase (for example repetition of content) instances of parallel structures in the text. Abdul-Raof (2001:56) defines parallel structures as ‘phrases which have the same structural rhythmical pattern employed for a stylistic effect’. The excerpt below from Preamble of the Iraqi Constitution, 2005 presents an example of rhyth- mical pattern, especially the underlined parts of it where three verbal sentences are used.

Each has a verb and two subjects separated by و (w) and each sentence ends in the same sounds: long vowel plus a glottal stop ءا (aa’) resulting in a rhymed prose style. لسرلا نطوم نيدفارلا يداو ءانبا ُ نحن دهم راهطلأا ةمئلأا ىوثمو ءايبنلأاو داورو ةباتكلا عانصو ةراضحلا انضرأ ىلع ،ميقرتلا عاضوو ةعارزلا يفو ،ناسنلإا هعضو ٍ نوناق ُ لوأ َّ نس ةسايسل ٍ لداع ٍ دهع ُ قرعأ َّ ط ُ خ اننطو ُ ةباحصلا ىلص انبارت َ قوفو ،ناطولأا ،ءاملعلاو ُ ةفسلافلا َ ر َّ ظنو ،ءايلولأاو . ْ ءارعشلاو ُ ءابدلأا َ عدبأو We are the people of the land between two rivers, the homeland of the apostles and prophets, abode of the virtuous imams, pioneers of civilization, crafters of writing and cradle of numeration. Upon our land the first law made by man was passed, the most ancient just pact for homelands policy was inscribed and upon our soil, companions of the Prophet and saints prayed, philosophers and scientists theorized and writers and poets excelled.

FredT: The Iraqi Constitution: 50 Arabic–English–Arabic Legal Translation For Shunnaq (2000:213) parallelism is considered a form of lexical repetition and ‘involves similar phrases and clauses’. Below is an example of parallel structures cited in the Preamble of the AChHR: نم ىدانتي يبرعلا نطولا ىقب ذإو ،هتديقع ىلع اظافح هاصقأ ىلإ هاصقأ هتيرح نود لاضانم ،هتدحوب انمؤم ريرقت يف مملأا قح نع اعفادم . . . ، اهتاورث ىلع ظافحلاو اهريصم Conscious of the fact that the entire Arab World has always worked together to preserve its faith, believing in its unity, struggling to protect its freedom, defending the right of nations to self- determination and to safeguard their resources . . .

In the above example, parallelism occurs all through the whole excerpt by using the same structure at phrase level. For instance, each phrase consists of a present participle + a prepo- sitional phrase ending with a reference pronoun. It is worth mentioning that not all the parallel structures are translated into similar structures in English, such as the prepositional phrase هاصقأ ىلإ هاصقأ نم (the entire Arab World . . . together).

3.3.4.2  Reference Baker (1992:189) maintains that Arabic favours pronominal reference as a common device of tracing participants and establishing cohesive links in general. There are two types of reference: endophoric, within the text and exphoric, outside the text. Each can be recognized through the context of the situation. Endophoric reference consists of anaphora and cata- phora; the former refers to reference that follows the word while the latter describes pronom- inal reference that precedes the word. An example of cataphoric reference is derived from news discourse as follows: In his speech, the President said. .سيئرلا لاق ،هثيدح يف و As the example shows, the pronoun (his – ه ) occurs first and then comes the antecedent (the president – سيئرلا ). Arabic here copies the English style which opts for a stylistic variation by means of fronting the prepositional phrase (in his speech – هثيدح يف ), hence, achieving markedness. Another example of cataphoric reference is given by Emery (1989:5) in the translation of the following example: . . . ِ ب هعتمتم تاوقلا هذه لظت ندرلأا نع ةيناطيربلا تاوقلا ءلاج متي نأ ىلا Until their evacuation from Jordan is complete, the British forces shall continue to enjoy . . .

Anaphoric reference, for example pronominalization is common in Arabic legal discourse. A good example of such anaphoric reference is the logo of the Democratic Party’s nominee, Barack Obama, in the 2008 presidential election campaign: ‘change we need’. Features of English and Arabic legal discourse 51 This clause can be markedly rendered with an anaphora referring back to the noun ‘change’ ( هجاتحنرييغتلا ). The following excerpt is an example of anaphoric reference from the Charter of the ISESCO: اهنع نيلوؤسملا صاخشأ يف وكسيسيلإا عتمتت اهقئاثوو اهبتاكمو اهينابم يفو اهب نيلماعلاو ةينوناقلا ةناصحلاو ةيامحلاب ،اهلئاسرو نواعتلا ةمظنم اهب عتمتت يتلا تازايتملااو . . . يملاسلإا ISESCO, its officials, personnel, premises, offices, documents and mail shall enjoy the protection, immunities and privileges enjoyed by the Organization of the Islamic Conference . . . (article 8) This pronominal system and verb conjugation in Arabic prove true its economy. That is, a verb is inflected for case, number and gender and it also agrees with its subject in such elements, the matter that makes ‘the link between the verb and its subject clear even if they are separated by a number of embedded clauses with their own subjects and verbs’ (Baker, 1992:187).

3.3.4.3  Conjunctions  and  punctuation Generally, there are no well- defined rules for the usage of punctuation in Arabic. It varies considerably across different Arabic registers. The style sometimes follows the author’s subjective judgments as in literary writing. Although Classical Arabic grammarians took the initiative towards the grammaticalization of the Arabic language, they were not concerned about the setting up of finite rules for sentence endings and punctuation. 40 In fact, punctua- tion marks are said to have been introduced to the Arabic language in the early twentieth century by the Egyptian scholar Ahmed Zeki, who adopted punctuation marks used in the European languages and introduced them into Arabic texts (quoted in Al-Khafaji, 2001:7).

Holes (2004:251) argues that ‘until perhaps the latter part of the nineteenth century much Arabic writing contained no punctuation at all and no fully standardized system of punctua- tion exists even today’. Holes (ibid.) goes on, saying:

This does not in fact matter: whether punctuation is used or not, it functions alongside the native system of textual chunking, which relies on coordinating and subordinating conjunctions that perform the dual role of signalling formally the beginnings and endings of sense groups and indicating the nature of the logical or functional relation- ships between them.

Holes also notes that ‘Arab writers still “pile up” clauses loosely connected by و (and) and ف (so), despite the introduction of the full- stop and the comma into Arabic’. و (and) ‘can mark temporal sequence, simultaneous action, semantic contrast and semantic equivalence amongst other things’. ف (so) ‘can be a marker of temporal sequence, purpose, result, or concession’ (Holes, 1984:234). 52 Arabic–English–Arabic Legal Translation Al-Khafaji (2001:8) has conducted research on a small literary corpus written originally in Arabic to analyse the most common punctuation marks in such texts. He found that the comma and the period are the most common (85 percent), whereas other punctuations identified in the corpus are rarely used. Analysis of various Arabic legal texts such as the AChHR, the Charter of the ISESCO, the Egyptian Constitution, Convention on the Implementation of Provisions among the Arab League, 37 texts for the Egyptian Law, 21 texts from the Supreme Constitutional Court and 146 Provisions of the Egyptian Supreme Administrative Court, online contracts and certificates, among others. I have also considered other published documents such as those in Hatim, Shunnaq and Buckley (1995) and in Mansoor (1965a). These are some of the findings of that investigation:

1. The period and the comma are the most common punctuation marks used; the former is used at the end of sentences or paragraphs. Yet, this is not always the norm since some articles end with nothing. The comma is used to separate independent clauses within the whole complete sentence or a paragraph; it is also used with appositive phrases or clauses. Other punctuation marks are used but their frequency depends on the text type such as the colon used to introduce chapters, articles in legislative documents, quotation marks in court hearings, interviews and dashes as appositives in any text type.

2. By analysing these documents, I can offer no justification for such inconsistency, nor can I derive any rules from the punctuation patterns used in different documents. I also did not present excerpts for my above argument because of word limitations. 41 In spite of the existence of such punctuation marks, conjunctions such as و (and), 42 وأ (or), ف (and), امك (also / in addition), اذه (this), نإ (verily), دق (indeed / verily) and كلذ و (and that) still play a major role in the Arabic punctuation system ‘to compensate for the lack of adherence to strict system of punctuation and sentence division’ (Al-Qinai, 1999:248).

From the above analysis, it is noteworthy that MSA shares most of its features with other language varieties in Arabic. For example, Arabic is very rich with prosodic features (asso- nance, alliteration, rhyme, rhythm, meter) and this applies to legal discourse. Textual features of Arabic such as lexical repetition, suffix repetition, root repetition, parallel structures, etc.

are also specific to legal Arabic. Some of them, however, are more common in legal discourse such as lexical repetition.

3.4 EXERCISES AND DISCUSSIONS: FEATURES OF LEGAL ENGLISH AND LEGAL ARABIC Exercise 1 : Define the following terms and give examples from English legal documents:

1.

Terms of art 2. Abstract terms 3. Archaic terms 4. Doublets and triplets Features of English and Arabic legal discourse 53 Exercise 2: Explain passivization and nominalization in legal English and legal Arabic, and provide examples from different text types.

Exercise 3 : What are the common textual features used in Legal English?

Exercise 4: ‘Reference and ellipsis are scarce features in legal English.’ Discuss this statement in pairs.

Exercise 5: List the most common lexical, syntactic and textual features in the following document:

LAST WILL AND TESTAMENT OF [CLIENT’S NAME] I, [Client’s name] of [City], [County’s name] County, __________ am over the age of eighteen (18) years of age.

At the time I signed this Last Will and Testament, I was of sound and disposing mind and memory. I was not acting under the undue influence of any person at the time that I signed this Last Will and Testament.

I make, publish and declare this instrument to be my Last Will and Testament. By signing this document, I revoke any and all former Wills or Codicils, previously made by me, if such documents existed prior to the signing of this Last Will and Testament.

1. IDENTITY OF TESTATOR OR TESTATRIX’S FAMILY [If the client is married, then state the following:] 1.1 I declare that I am now married to [Client’s spouse] and all references in this Will to ‘my spouse’ are to [him or her].

[Or if the client is not married, then state the following:] 1.1 I declare that I am not currently married. All references in this Will to ‘my spouse’ are to the person, if any, that I marry after the date this will is signed.

[If the client has living children, then state:] 1.2 I have [Number and names of the client’s children] (a) All references in this Will to ‘my children’ are to such children and to any children subsequently born to or adopted by me.

[If the client does not have any living children, then state the following:] 1.2 I currently have no living children. All references in this Will to ‘my children’ are to any children subsequently born to or adopted by me.

[If the client’s spouse has children from previous marriages, then state the following:] 54 Arabic–English–Arabic Legal Translation My spouse has [Number of client’s spouse’s children from previous marriages:] [Next: should those children be included in the will or not: If so then state:] My spouse’s children from previous marriages as identified above shall be included in this will as my children for purposes of inheritance under this Last Will and Testament.

[If those children shall not be included in the gift, then state:] My spouse’s children from previous marriages as identified above shall not be included in this will as my children for purposes of inheritance under this Last Will and Testament.

[If the client has grandchildren, then state the following:] 1.3 I have [Number of client’s grandchildren:] (a) All references to grandchildren in this will are to such grandchildren and to any other grandchildren subsequently born to or adopted by my children after the date this will is signed prior to my death.

[If the client does not have any grandchildren, then state the following:] 1.3 I have no grandchildren. All references to grandchildren in this will are to any grandchildren subsequently born to or adopted by my children after the date this will is signed prior to my death.

[If the client has deceased children, then state the following:] 1.4 I have [Number of client’s deceased children] deceased children.

[If the client does not have any deceased children, then state the following:

1.4 I have no deceased children.

2.

PAYMENT OF FUNERAL EXPENSES AND TAXES 2.1 I direct that my funeral expenses shall be paid by my Executor as soon as practi- cable after my death.

2.2 All debts, funeral expenses, taxes and administration expenses including any interest and penalties, which may be payable by reason of my death or due at the time of my death shall be charged against and paid out of my residuary estate unless my spouse and children all agree to a different payment method. I do not intend specific gifts to be exempt from taxes and expenses.

2.3 Payment for the above expenses shall not be made from the proceeds of any life insurance policies payable to my beneficiaries unless the insurance policy is payable to my estate instead of a named beneficiary.

2.4 My Executor is specifically given the right to renew and extend, in any form that my Executor deems best, any debt or charge existing at the time of my death. Features of English and Arabic legal discourse 55 3. PROPERTY BEING DISPOSED 3.1 It is my intention to dispose of all of my property that I may own or control including but not limited to all real and personal property or other interests, commu- nity and separate, which I have the right to dispose of by this Last Will and Testament.

4.

BEQUESTS AND DEVISES [If the client desires to make any specific bequests, then state:

4.1 I make the following specific gifts: I give, bequeath and devise to [Recipient’s name or names and list the property given:] [Describe the specific bequest] I give, bequeath and devise the rest and residue of my property, except for the specific gift made above, including but not limited to real, personal, separate and community property, wherever situated of which I may die seized or possessed or to which I may be entitled at the time of my death to my spouse, [Client’s spouse].

[If the client does not want to make any specific gifts, then state the following:] 4.1 I give, bequeath and devise all of my property, real, personal, separate and community, wherever situated of which I may die seized or possessed or to which I may be entitled at the time of my death to my spouse, [Client’s spouse].

4.2 In the event that my spouse predeceases me, then I give, devise and bequeath all of my property, real, personal, separate and community, of every kind and character and wheresoever situated to my children in equal shares per stirpes.

4.3 By use of the term ‘per stirpes’ I mean that if any of my children have predeceased me, then I direct my Executor to give that predeceased child’s share to his or her issue in the inheritance that the deceased child would have received if the child had survived me.

4.4 If at the time of my death I leave surviving me any other child or children born to or adopted by me subsequent to the date of this Will, then it is my will and I direct that this Paragraph (4.4) shall inure to the benefit of and shall include as a beneficiary here- under along with my children named above, any and all children born to or adopted by me so that all of my children shall take and receive such property under this provision of my Will in equal proportions.

4.5 If all of my children should predecease me and there are no other children born to or adopted by me, and there are no issue of such predeceased child or children, then I bequeath and devise all of the rest and residue of my property, real, personal, separate and community to [State the names of the alternate beneficiaries and the amount of property they shall inherit and whether it shall be an equal or unequal division such as to share and share alike in equal shares.] 4.6 Should the beneficiaries described above predecease me, then I bequeath and devise all my property of whatever character to my heirs at law, to share and share alike in equal shares. 56 Arabic–English–Arabic Legal Translation 4.7 In the event that any beneficiary or devisee under this will shall die within a period of ninety (90) days after my death, then such beneficiary or devisee shall be deemed to have predeceased me. In that event, I direct that all the provisions of this Will be construed upon that assumption.

Exercise 6: List the most common lexical, syntactic and textual features of the following text:

1959 ﻡﺎعل ﺔﻴﺼﺨﺸ لا ﻝاﻮﺣﻻ ا ﻥﻮﻧﺎﻗ يناثلا بابلا تايباتكلا جاوزو تامرحملا :لولأا لصفلا : ةرشع ةيناثلا ةداملا .اهب جوزتلا ديري نم ىلع ًاعرش ةمرحم ريغ ةأرملا نوكت نأ جاوزلا ةحصل طرتشي : ةرشع ةثلاثلا ةداملا ةتقؤملاو عاضرلاو ةرهاصملاو ةبارقلا يه ةدبؤملاف ةتقؤمو ةدبؤم نامسق ميرحتلا بابسأ ريغلا قح قلعتو ًاثلاث قيلطتلاو يوامسلا نيدلا مدعو عبرأ ىلع ندزي تاجوز نيب عمجلا . ىرخلأاب ةجوزلا مايق عم نيمرحملا ىدحإ جاوزو ةدع وأ حاكنب : ةرشع ةعبارلا ةداملا نإو هتنب تنبو هنبإ تنبو هتنبو تلع نإو هتدجو همأ بسنلا نم جوزتي نأ لجرلا ىلع مرحي . هلوصأ ةلاخو هتلاخو هلوصأ ةمعو هتمعو تلزن نإو هيخأ تنبو هتخأ تنبو هتخأو .تلزن .لاجرلا نم كلذ ريظنب جوزتلا ةأرملا ىلع مرحيو : ةرشع ةسماخلا ةداملا ةجوزو .اهيلع دقع يتلا هتجوز مأو اهب لخد يتلا هتجوز تنب جوزتي نأ لجرلا ىلع مرحي . لزن نإو هعرف ةجوزو لاع نإو هلصأ : ةرشع ةسداسلا ةداملا . ًاعرش ينثتسأ اميف ّلاإ عاضرلاب مرحت ةرهاصملاو ةبارقلاب مرحت نم لك : ةرشع ةعباسلا ةداملا .ملسملا ريغ نم ةملسملا جاوز حصي لاو ،ةيباتك جوزتي نأ ملسملل حصي : ةرشع ةنماثلا ةداملا . نيجوزلا نيب قيرفتلا وأ ةيجوزلا ءاقب يف ةعيرشلا ماكحلأ عبات رخلآا لبق نيجوزلا دحأ ملاسإ Exercise 7 :

1.

What are the system- based and culture- specific terms in the above document? Explain these terms in English.

2. Translate the document into English.

3. In small groups discuss the procedures you used to translate the above document (refer to chapter 4 for information on the procedures of translation and techniques of adaptation). Features of English and Arabic legal discourse 57 Exercise 8: Distinguish between formality in legal English and legal Arabic, and give examples to support your arguments.

Exercise 9: Read the parallel Arabic–English versions of the Arab Charter of Human Rights, discuss the use of gender terms and pronouns in the Arabic version, and compare them to the English version.

Exercise 10 : Compare between archaic terms in English and their counterparts in Arabic.

Exercise 11 :

1. What are the elements that make the following Arabic excerpt complex?

2. Give other examples of complex sentences from English and Arabic legal documents and list the major elements that make them complex.

سمي امب ديروتلل هتلقرع وأ هعانتما لاح يف وأ دقاعتلا طورش ضعب وأ لكل دروملا ةفلاخم لاح يف نسح ةلافك ةرداصم ةيلاملا ةرازول قحي ررضلل اهحلاصم ضرعي وأ ةحصلا ةرازو ةحلصمب لوصحلا يف قحلا اهل نأ امك اهب قحل ررض وأ لطع لك نع ضيوعتلاب هيلع عوجرلاو ذيفنتلا قرطلاب ءارشلا وأ رعسلا يف هيلي يذلا دروملا نم اهريفوت نع دروملا فلختي يتلا داوملا ىلع فيراصم % 10 اهيلإ ا ً فاضم راعسلأا قورف عفدو هعم دقاعتلا ءاغلإو اهتحلصمل ةققحم اهارت يتلا وأ نع فلخت وأ دقاعتلا طورش نم طرش يأ فلاخ يذلا دروملل سيلو ةيكنبلا هتنامض نم ةيرادإ ذيفنتلا نسح ةلافك دادرتساب ةبلاطملا وأ تاضيوعت ةيأب ةبلاطملا يف قحلا ديروتلا تايلمع لقرع ةصقانملا رعس نم لقا رعسب داوملا كلت ريفوت نم ةرازولا تنكمت اذإ راعسلأا قورفب ةبلاطملا وأ قحلا ةيلاملا ةرازول راعسلأا قورف ةيطغتل ةنامضلا ةيافك مدع لاح ىفو هبجومب دقاعتلا مت يذلا .اهيدل هتاقحتسم نم ىقبتت غلابم يأ مصخ يف Exercise 12: Discuss the parallel translation of the following doublets and triplets in Examples 1, 2 and 3:

1. Is the technique of translating them justified?

2. Suggest other translations if you disagree with these translations.

Example 1 ايعرم املكتم و ايعرش ايصو legal guardian and competent spokesman يرايتخا و يعوطب voluntarily and of my own free will ةيلقعلا ياوقب عتمتم و اشوهدم تسل انا و being fully aware and of sound mind يحاكن دقع و يتمصع my matrimonial authority and to my contract of marriage. 58 Arabic–English–Arabic Legal TranslationExample 2 كتحكنأ و كتجوز I have given you my daughter in marriage اهحاكن و اهجاوزب تيضر و تلبق I accept your daughter in marriage بئاغلا دوقفملا the missing person(Hatim, Shunnaq and Buckley, 1995: 86–87) Example 3 THIS LEASE AGREEMENT made and entered into this _________ day of _______, 20____, (Lease Agreement) نم_____موي يف اذه راجيلإا دقع رر ُ ح _________ةنس__________رهش 20_____ Whereas Landlord desires to lease the Premises to Tenant upon the terms and conditions as herein contained; (Lease Agreement) ريجأت يف بغري رجأتسملا نأ نأ امب طورشلا بجومب رجؤملا نم راقعلا ؛دقعلا اذه يف ةدراولا The standing instructions shall become null and void if the Account does not have sufficient balance to cover the transaction.

(Account Opening Form, article 2.5) اذا ةيغلا و ةلطاب ةمئاقلا تاميلعتلا ربتعت بحاص باسح يف دوجوملا ديصرلا ناك .ةيلمعلا ةميق ةيطغتل ةيفاك باسحلا Exercise 13: From the discussion of the textual features of legal Arabic, 1.

What are the textual features specific to legal Arabic?

2. What are the commonalities between the textual features of legal Arabic and other Arabic registers?

3. Analyse the textual features of the Preamble of the Iraqi Constitution.

Exercise 14: ‘Boundaries between legal Arabic and other Arabic registers (for example Media Arabic) are fuzzy’. Do you agree or disagree with this statement? Prove your answers with examples and discuss them in small groups. 4 Framework for data analysis 4.1 INTRODUCTION Chapter 3 discussed the features of English and Arabic legal discourse for the purpose of figuring out the similarities and differences between Arabic and English legal discourse. This chapter introduces the methodology for our analysis and the documents chosen for data analysis. It will be divided into three main parts, the first of which will discuss contrastive analysis as applied to translationally- parallel texts, mainly, Vinay and Darbelnet (1995). The techniques of adaptation, cited in Alcaraz Varó and Hughes (2002), will also be discussed because they are applicable in the translation of legal discourse for example (English–Spanish), hence will be used as guidelines according to which dissimilarities between English and Arabic are investigated. Baker’s (1992/2011) model on levels of equivalence will be of value to the method and the analysis of data. It provides useful and relevant information and examples to our methodology and data analysis on the lexical and syntactic levels. The second part will introduce the two- stage framework for data analysis, namely, the quantitative frequency analysis of the translation techniques and the qualitative critical analysis. The third part introduces the list of documents for data analysis.

4.2 VINAY AND DARBELNET’S MODEL In Comparative Stylistics of French and English: A Methodology for Translation, Vinay and Darbelnet (1995) propose their contrastive stylistic analysis of translation. They set up their model according to three basic microlinguistic aspects: vocabulary (lexicon), grammar (syntax) and composition (message) as they put it. The following table illustrates their three- dimensional planes of utterance (1995:30):

Table 4.1 Vinay and Darbelnet’s planes of utterance PLANES III III metalinguistic information units of thought (monemes)phrases and molecules tone, links, emphasis (context) Borders of Stylistics Lexicon StructureMessage microlinguistics units of translation (vocabulary)morphology and syntax (grammar) sentences, paragraphs (composition) 60 Arabic–English–Arabic Legal Translation Vinay and Darbelnet claim that ‘certain stylistic effects cannot be transposed to the TL without upsetting the syntactic order or even the lexis’ (1995:84). To tackle this stylistic problem, they suggest two general translation methods and seven translation procedures to be followed by the translator according to the above planes. The two main translation methods include direct and oblique translation. 4.2.1 Direct translation Direct translation is further divided into the following subcategories:

4.2.1.1  Borrowing The SL word form is transferred to the TL to fill a lexical gap or to create a certain effect. For instance, hijab, kebab and intifadah are taken from Arabic to English; رتيوت ، كوب سيف ، تنرتنا ، رتويبمك (computer, internet, Facebook, Twitter), are transferred from English to Arabic.

4.2.1.2  Calque A calque is ‘special kind of borrowing’ (Vinay and Darbelnet, 1995:32) by transferring the same expression and structure of the SL by means of literal translation. Calques are clear in the translation of common collocation, names of organisations, the components of compounds and perhaps phrases as in the famous English–Arabic pairs: skyscrapers – باحسلا تاحطان , and Spiderman – توبكنعلا لجرلا , and the Arab Spring – يبرعلا عيبرلا .

4.2.1.3  Literal  translation Whereas literal translation can occur between languages of the same families and cultures such as Indo-European languages (Vinay and Darbelnet, 1995:33–4), it is far- fetched between languages of different families such as English and Arabic. It can sometimes be applicable as in the English–Arabic pair: I get up early every day – موي لك ً اركبم ظقيتسأ , I get up early every day ظقيتسأ ا ً ركبم لك موي or the Arabic–English pair ( ليللا يف ) لايل راطملا ىلإ تلصو (I arrived at the airport at night).

تلصو ىلإ رﺎطملا يف ً لاﻴل/لﻴللا I arrived at the airport at night These examples show that the task of the translator is limited to observing ‘the adherence to the linguistic servitudes of the TL’ (ibid.). Literal translation is the ‘author’s prescription for good translation’ (Munday, 2001:27; 2012:87) unless the technique is unacceptable because it: • gives a different meaning • has no meaning • is impossible for structural reasons Framework for data analysis 61 • ‘does not have a corresponding expression within the metalinguistic experience of the TL’ • corresponds to something at a different level of language. (Munday, 2001:57) The above restrictions show that literal translation cannot lead to ‘a good translation’. If we take legal translation as an example, one can see that there is a certain degree of adherence to the ST, but the translator still faces, at some points, some cases where literal translation is not enough and adaptation or transposition is applied. 4.2.2 Oblique translation Oblique translation involves the following four sub- classes:

4.2.2.1  Transposition Transposition ‘involves replacing one word class with another without changing the meaning of the message’ (Vinay and Darbelnet, 1995:36). For example, the English sentence: ‘The economy did not stop growing’ can be translated into Arabic in two ways: ومنلا نع داصتقلاا فقوتي مل  .1 ً اتباث ً اومن داصتقلاا ﻮمني  .2 The first translation is literal, where no change has occurred, while in the second translation a transposition has occurred on two levels: when the verb ومني (is growing) replaced the noun (growing) ومن and when the absolute object plus the adjective ً اتباث ً اومن (steadily growing) replaced the verb (did not stop) فقوتي مل . Transposition can be either obligatory or optional as in the following two examples:

1. ةلاعف ةرادإ اهترادإ – Operating it effectively (obligatory) 2. He heard noise when he got up – هظاقيتسا دنع ةجض عمس (optional) In the first example, an obligatory transposition has occurred when the Arabic phrase ةلاعف ةرادإ (effective management) which is categorized as an absolute object in Arabic which has no direct equivalent in the TT, is translated as an adverb. It can also be translated as a prepositional phrase: ‘in an effective way’. More precisely, the noun ( ةرادإ ) and its adjective ( ةلاعف ) are translated into English as an adverb (effectively). In the second example, an optional transposition has occurred with the translation of the phrasal verb (got up) as a verbal noun ( هظاقيتسا ). Thus, a transposition has not occurred if the whole sentence is trans- lated as:

2a. ظقيتسا امنيح ةجض عمس 4.2.2.2  Modulation Modulation entails a change of the message due to change of the point of view. A negative SL expression is changed to a positive TL expression such as ‘it is not a strong argument’ which can be translated as هيهاو ةجح . Like transposition, it can be obligatory or optional. It is optional if ملعلا عبنم (the fountain of knowledge) is translated as ‘the root of knowledge’, but obligatory if one translates ةدراب ةجح (cold argument) as ‘weak argument’. 62 Arabic–English–Arabic Legal Translation 4.2.2.3  Equivalence Equivalence in Vinay and Darbelnet (1995) is not the same term used by other theorists such as Nida (1964). A typical example is that of the proverbs and clichés that describe the same situation across languages by different stylistic means. This is exemplified by the English– Arabic proverb pair:

Birds of a feather flock together – عقت اهلاكشأ ىلع رويطلا 4.2.2.4  Adaptation Adaptation occurs in cases where the translator faces a situation in the SL culture which does not exist in the TL culture as in the case of translating story and film titles. This tech- nique will be useful in translating culture- specific terms and expressions from and into Arabic.

4.3 ALCARAZ VARÓ AND HUGHES’ TECHNIQUES OF ADAPTATION In their book Legal Translation Explained, Alcaraz Varó and Hughes (2002) discuss legal translation between English and Spanish and the ‘techniques of adaptation’ which they suggest can deal with legal translation problems. Alcaraz Varó and Hughes argue that word- by-word translation does not exist between languages and it is ‘a metaphor albeit a buried one’ (2002:180). Saying so, they differ from Vinay and Darbelnet who claim that literal translation is the author’s prescription for ‘good translation’ (1995:34). As Alcaraz Varó and Hughes believe that ‘the idea of identity is illu- sory’, they support the idea that there must be some adaptation while translating between two languages, or more specifically they speak of ‘naturalness or dynamic equivalence’ (2002:179–80). Nevertheless, they do not advocate for free translation since there is ‘no place for such free- ranging adaptation in the translation of legal texts’ (ibid.). They rather meant to deal with translation by adopting Hamlet’s principle ‘by indirections, find direc- tions out’ (ibid.). To achieve this, they were inspired by Vázquez-Ayora’s book (1977) enti- tled: Introducción a la Traductología and present the following techniques for producing a natural version of the original:

(a) transposition (b) expansion (c) modulation (d) modifiers (e) double conjunctions (f) thematization (g) textual coherence (Alcaraz Varó and Hughes, 2002:181–90) In the following section, we will only be concerned with the discussion of transposition, expansion and modulation. Other elements are not dealt with as they are beyond the scope of this book. Framework for data analysis 63 4.3.1 Transposition According to Alcaraz Varó and Hughes (2002:181), transposition describes ‘the substitution of one category for another, on the basis that they may be fairly said to possess the same semantic weight or equivalent semic density’. For example, ‘for late delivery’ (ibid.) can be translated into Arabic as ميلستلا رخأتل (due to delay in the delivery) where the SL adjective ‘late’ was rendered in the TL as a noun رخأت (delay). Categories of transposition include (i) verb for noun; (ii) pronoun for noun; (iii) noun for adjective; (iv) noun for verb; (v) active or impersonal form for passive; (vi) relative or noun phrase for gerund or prepositional phrase with ‘with’; and (vii) noun phrase for adverbial phrase (ibid.:181–3). 4.3.2 Expansion For Alcaraz Varó and Hughes (2002:184), expansion, periphrasis, or explicitation, as they put it, is ‘one of the techniques that may be called for in translating virtually any part of speech, often in conjunction with transposition’. They maintain that this technique is helpful in translating prepositions and/or adverbials. An example of expansion is ‘irrevocable divorce’ ( هيف ةعجر لا نئاب قلاط ). In this example, the term ‘irrevocable’ is rendered into Arabic as نئاب then the translator opted for an expansion of نئاب with هيف ةعجر لا to distinguish it from another type of divorce (revocable divorce) in which one can return his divorcee to his custody. 4.3.3 Modulation Modulation involves changes to semantic categories or even alteration of the processes by which thoughts are expressed (Alcaraz Varó and Hughes, 2002:185). For them, it is more common in both general and literary translation than in specialized and technical transla- tion as it involves a spill of the translator’s own point of view and change of style through rhetorical figures. 43 Discussion of the above techniques is not totally different from that given by Vinay and Darbelnet (1995).

4.4 BAKER’S LEVELS OF EQUIVALENCE In her book In Other Words, Baker (1992/2011) divided the text into its hierarchy of constit- uent parts, starting from the word level, up to text level. The following review is a brief outline of Baker’s multidimensional levels. 4.4.1 Equivalence at word level and above word level Baker (1992:19, 2011:16–17) discusses the process of achieving equivalence at word level, referring to the importance of semantic fields (superordinates, hyponyms) to the translator in:

appreciating the value that a word has in a given system; and developing strategies for dealing with non- equivalence.

The second point above is effective in understanding the non- correspondence between Arabic–English pairs of words due to them being culturally- dependent; they need a special 64 Arabic–English–Arabic Legal Translation strategy for translating them. That is, semantic fields help us determine the similarities and the differences between English and Arabic. Baker (2011:18–23) explains with examples from different languages the common problems of non- equivalence at word- level. These problems are listed below:

 1. culture- specific concepts 2. the source- language concept is not lexicalized in the target language 3. the source- language word is semantically complex 4. the source and target languages make different distinctions in meaning 5. the target language lacks a superordinate 6. the target language lacks a specific term (hyponym) 7. differences in physical or interpersonal perspective 8. differences in expressive meaning 9. differences in form 10.

differences in frequency and purpose of using specific words 11.

the use of loan words in the source text.

Baker (2011:23–43) presents the strategies that professional translators use to deal with these problems. These strategies are given below:

 1.

translation by a more general word (superordinate) 2. translation by a more neutral/less expressive word 3. translation by cultural substitution 4. translation by using a loan word or a loan word plus explanation 5. translation by paraphrase using a related word 6. translation by paraphrase using unrelated words 7. translation by omission  8.

translation by illustration.

For equivalence above word level, Baker discusses the lexical patterning between two languages and lists some problems of and strategies for translating collocations and idioms.

She exemplifies this by referring to collocations and idioms in English and Arabic (1992:69– 73; 2011:58–64). These examples are worth noting below: The engrossing effect of source text patterning (for example break the law – نوناقلا فلاخي ).

Misinterpreting the meaning of the source- language collocation. (A man of modest means – طيسب و عضاوتم هرهظم لجر .) The tension between accuracy and naturalness (good / bad law) in English will be لداع ريغ / لداع نوناق (just / unjust law) in Arabic.

Culture- specific collocations and idioms: the problem with these is that they may not have an equivalent in the TL. In formal letters, Baker gives the Arabic concluding fixed expression مارتحلاا قئاف لوبقب اولضفت و – ‘and be kind enough to accept [our] highest respects’ which corresponds to the English expressions ‘yours faithfully or yours sincerely’ though ‘it bears no direct relationship to them’ as Baker puts it.

Baker (ibid.:73–77; 2011:75–85) has suggested six strategies for rendering fixed expres- sions, these strategies are: Framework for data analysis 65 1. using an idiom of similar meaning and form 2. using an idiom of similar meaning but dissimilar form 3. borrowing the source language idiom 4. translation by paraphrase 5. translation by omission of a play on idiom 6. translation by omission of entire idiom.

These strategies will be of importance in data analysis because they will be applied in the analysis of archaic and template terms and expressions. 4.4.2 Grammatical equivalence Baker (1992:83, 2011:93) views grammar as ‘a straitjacket, forcing the translator along a certain course which may or may not follow that of the source text as closely as the translator would like to’. She (ibid.:90–102) discusses the constraints of grammatical equiv- alence across languages with particular reference to English and Arabic. This comparison was done with regard to number, gender, person, tense, aspect and voice.

4.4.3 Textual equivalence Baker (1992:119–179, 2011:133–176) discusses the textual equivalence in relation to the thematic and information structures (theme–rheme). She also discusses the meaning, choice and markedness (fronting). She concludes her discussion of the thematic structure of sentences by highlighting the strategies for resolving the tension between syntactic and communicative functions in translation through ‘voice change, change of verb, nominaliza- tion and extraposition’ (1992:167–171). Baker discusses cohesion as the second element of textual equivalence. She (1992:180; 2011:190) defines cohesion as ‘the network of lexical, grammatical and other relations which provide links between various parts of the text. It is a surface relation; it connects together the actual words and expressions that we can see or hear’. She compared between English and Arabic cohesion. For English, she refers to Halliday and Hasan’s (1976) five main cohesive categories: reference, substitution, ellipsis, conjunction and lexical repetition.

She also contrasted these elements with Arabic whenever necessary. The above discussion shows that transposition and literal translation presuppose a solid knowledge of the linguistic structures of the SL and the TL whereas modulation, equiva- lence and adaptation require additional experience on part of the translator to be able to locate texts in their social contexts. It is also clear that both transposition and adaptation apply in the process of translating from English into Arabic and vice- versa. Thus, they will be useful as tools of analysing translationally- parallel legal texts.

4.5 METHODOLOGY The above models pave the way to the method we will adopt in the analysis of the data (translationally- parallel authentic legal texts). The method will be applied to comparing and contrasting the ST and the TT with respect to some of the areas of difference discussed in the previous chapter. The analysis will involve some elements of the lexical and syntactic levels only. 44 Reference will also be eventually made to elements of 66 Arabic–English–Arabic Legal Translation omissions and additions besides the procedures of translation referred to earlier. The aim of the comparison is two- fold: (i) to describe how these areas are rendered; and (ii) what procedures (for example adaptations) are followed to overcome such hurdles. Thus, the method of analysis will be divided into a quantitative and a qualitative critical analysis.

The following section introduces the elements that will be analysed on both the lexical and the syntactic levels. 4.5.1 The lexical level Discussion of lexis means dealing with the text under sentence level, more specifically, at word level or phrase level. Lexis describes the semantic fields, synonymy relations, collo- cations, etc. Among the elements that will be under investigation at this level are archaic and template terms (English–Arabic–English), religious, culture- specific and system- based terms (Arabic–English–Arabic). 4.5.2 The syntactic level In this section, we will discuss two syntactic areas of difference between English and Arabic which are commonly used in legal discourse, namely, modal auxiliaries and passivization.

At this stage, a brief discussion of both elements is given below.

4.5.2.1  Modal  auxiliaries  in English  and  Arabic Modal auxiliaries are important in the case of legal translation since they define aspects of obligation, possibilities, etc. Because the modal system in both English and Arabic is different, the task of the translator is challenging; if modals are not rendered accurately, they will leave the TT subject to many interpretations.

4.5.2.2  Modal  auxiliaries  in English In chapter 3 (3.2.2.6), we discussed the most common modal auxiliaries in legal discourse. In this section, we will discuss auxiliaries in English in a bit more detail. They are divided into primary auxiliaries and modal auxiliaries. With the former, there is a variation in the present tense form of the verb for achieving agreement with the subject. But this is not true about the latter. A modal auxiliary occurs once and always at the beginning of a verbal phrase as in ‘will have been writing’. The following is a list of the modal auxiliaries:

1. will, shall, may, can, must and ought to 2. dare and need (more marginal) but more modal than others 3. used to, have to, be able to, be willing to, be to and be going to (closely related seman - tically with some differences) 4. is to: problematic. (Palmer, 1990:3; Morley, 2000:35; and Coates, 1983:4) Characteristics of English modal auxiliaries Modal auxiliaries are generally characterized by what Palmer (1990:3–4) and Coates (1983:4) call ‘NICE’ criteria: Framework for data analysis 67 • negative form with n’t (can’t, mustn’t) • inversion with the subject (can I? must I?) • code (he will come and so will she) • emphasis or emphatic affirmation (Ann could solve the problem).

There are also some other elements that distinguish the modal from the primary auxiliaries, as well as from all other verbs: • no ‘s’ form of the 3rd person singular (cans) • no non- finite forms (to can, musting) • no co- occurrence (he may will come).

Nevertheless, these characteristics do not apply to all modals: • May has no-(n’t). • Must does not have past form. • Ought to is the only one that requires ‘to’. • Dare and need are both modals and non- modals. When they occur as modals, the first two NICE criteria are applicable: he daren’t go, dare he go? • Is to conforms to the NICE standards but Palmer (1987:158–61) argues that this is also true of the verb to be when it is not an auxiliary. • Had better has no ‘s’ form, no finite forms, no occurrence with other modals. It can be followed by an infinitive without to. • Would rather can be explained in terms of would as a form of will.

Types of English modals Linguists differ among them in classifying modals, but we can argue that there are three basic subcategories of modality, namely: epistemic, 45 deontic 46 (discussed below), and dynamic 47 (Nuyts, 2006:2). Hoffman (1976), Jenkins (1972), Perkins (1982), Coates (1983), Sweetser (1982), Huddleston (1988) and Palmer (1990) agree that modals can be classi- fied into epistemic and deontic. Yet other linguists, von Wright (1951), Quirk et al. (1985) give different classifications. In his book on modality and logic (1951:1–2), von Wright distinguishes between four types of modals: ‘epistemic, deontic, alethic and existential’. The following table offers a brief account of the four types: Table 4.2 Types of modals according to von Wright Epistemic modals They are concerned with a subjective judgment of the proposition. They convey the meaning of verified, undecided, falsified through may (undecided) and must (inference of the speaker).

Deontic modals They are concerned with influencing actions, states, or events. They express what is obligatory, permitted, or forbidden. Thus, they are subjective as it is the person who permits or forbids and they are also performative.

Alethic modals They are the main concern of logicians. For example, ‘John is a bachelor, so he must be unmarried.’ Must is confusing as alethic or epistemic.

Existential modals They express quantificational logic through the use of some, any, all, etc. For instance, ‘Lions can be dangerous.’ 68 Arabic–English–Arabic Legal Translation Leech and Svartvik (1975:140–2) classify modality into ‘volition, 48 permission and obliga- tion’. Quirk et al. (1985) present their classification of modals into the following two types:

1. intrinsic 49 (permission, obligation, volition) 2. extrinsic 50 (possibility/ability, necessity, prediction).

Leech and Svartvik’s three- dimensional classification corresponds to von Wright’s (1951) types of modality, ‘epistemic, deontic and alethic’. 51 The following diagram presents Palmer’s (1990:37) classification of modals: Figure 4.1 Palmer’s types of modals. Because deontic modals are common in the language of legal discourse, we will only be concerned with discussing them in this book.

D E O N T I C M O D A L I T Y Palmer (1990:69) argues that ‘deontic modals are essentially performative’, or as he puts it, ‘the language as action’ (1986:121). By using a deontic modal, a speaker may actually ‘give permis- sion (may, can); lay an obligation (must); or make a promise or threat (shall)’ (Palmer, 1990:

69). There are two main types of deontic modality: possibility and necessity. Possibility is further divided into permission and command. Following is a brief account of each of these types:

Possibility: permission Permission is represented by may and can. May is used in a more formal context as given in the following examples:

If you want to recall the doctor, you may do so.

Can I pinch a ciggie? Course you can. (Ibid, 1990:70) Epistemic:

May, Must, Will Deontic:

May/Can, Must, Shall Types of Modality Dynamic:

Can, Will Neutral dynamic: Can, Must Framework for data analysis 69 Possibility: command Can is used to convey a command, often an impolite kind:

Oh, you can leave me out. (ibid.:71) Can and may are used interchangeably to issue a command as in: You can say that again.

You may take it from me. (ibid.) Necessity Necessity expresses the speaker’s or writer’s authority when he/she speaks or writes. Shall and must are used to express necessity. Consider the following instance:

I have been telling Peter, you know, ‘you must get into permanent jobs’. (Palmer, 1990:73) Shall is stronger than must. It not only issues an obligation, it also guarantees that this obligation will happen. Sometimes the future meaning of shall overlaps with its deontic meaning. That is why deontic modals do not normally occur with I and We as their subject.

With can and may, it would be odd to give oneself permission.

Negation of deontic modals Quirk et al. (1985:794–9) and Palmer (1990:39) summarize the main aspects of negating deontic modality in the following table: Table 4.3 Negation of English deontic modals Type of modality Positive Negative modality Negative proposition Deontic possibility may/can may not/can’t ____/(needn’t) Deontic necessity must needn’tmustn’t 4.5.2.3  Modal  Auxiliaries  in Arabic The richness of literature on the English modals lies in sharp contrast with the scarcity of studies on the Arabic modals. Being aware of the fact that modality is considered a universal aspect of human languages, some writers, however, have managed to discuss them within their writings on Arabic grammar and linguistics, namely, Wright (1967), Al-Karooni (1996), Suleiman (1999), Badawi, Carter and Gully (2004), Abdel-Fattah (2005) and Ryding (2005).

Modality in Arabic can be described as ‘a pragmatico- semantic category, a product of a culturally acquired attitude expressed by the speaker with the help of a qualifying expression (i.e. a formula, a verbal form, or a particle) towards a statement or a proposi- tion embodied in his/her utterance. (Al-Karooni, 1996:76) 70 Arabic–English–Arabic Legal Translation Anghelescu (in Suleiman, 1999:130) defined modals in Arabic as ‘expressions which introduce further qualifications to a given sentence, the whole then becomes a different sentence’. Not all modals in Arabic are verbs; they may be nominal expressions that initiate the sentence and are preceded by the partitive ‘min’ and beginning with nominaliser (al-). They occur in three grammatical forms: passive ( قفتملا – agreed), participle ( لوقعملا – reasonable), or an adjective ( حضاولا – clear). ْ نأ (to) and ً نأ (that) are sentence connectors and are considered part of the modal expression. According to Anghelescu (in Suleiman, 1999:138), an ‘refers to a non- present fact’ whereas anna ‘situates a fact in the present or past’. There are also some adverbs in Arabic that act as modal expressions such as ام اريثك ، ام ابلاغ ، ام لايلق ، ام اردان ، املاط ، املق (rarely, as long as, seldom, seldom, often, often). Moreover, there are some negative forms that are considered modals in Arabic such as لازام ، كشلا ، دبلا (still, no doubt, must).

Types of Arabic modals Suleiman (1999), Abdel-Fattah (2005) and Badawi, Carter and Gully (2004) categorized Arabic modal expressions and phrases into six main categories: epistemic, alethic, deontic 52, evaluative, boulomaic 53 and temporal. 54 We are concerned with the discussion of deontic modals as they are the most relevant to the purpose of this book. D E O N T I C M O D A L S This type of modal expresses obligation, permission, or prohibition (Abdel-Fattah, 2005:41–2).

Obligation is represented by the following modal expressions: نأ هيلع \ كيلع ، بولطملا نم ، نأ يغبني ، نأ بجي ، نأ بجاولا نم ، نأ دبلا It is a must that; it is a must that; must; should; it is demanded that; it is incumbent on you / him that (author’s translation) Permission is expressed through the following:

نأ (كل)زوجي ، زئاجلا نم ، نكمم ، (ك)نكمي You may; may; it is possible; you may + infinitive (author’s translation) Prohibition involves the following expression: عونمم Badawi, Carter and Gully (2004:394–421) summarize the main Arabic deontic modal auxil- iaries and their English counterparts as given below:

1.

Must, ought, should: يغبني We ought to make it easier for it. اهل اهرسين نأ يغبني ( ىلع ) وأ (نأ) بجي 2. It is compulsory, incumbent on : We must pause with them a little. َ َ َََ.لايلق مهدنع فقوتن نأ بجي 3. Must not, should not : بجي لا You should not doubt it. or It is not .هيف ككشت نأ بجي لا obligatory that you doubt.

With must not, the subordinated verb is negated in Arabic translation: . . . لاأ دبلا . . . َ لاأ يجب . Framework for data analysis 71 ءابدأ همهفي ام اهنم مهفن ﹶ لاأ بجي We must not understand from it what the .ابوروأ وركفمو scholars and intellectuals of Europe. or, It is necessary that we do not understand from it what intellectuals of Europe understand.

Abdel-Fattah (2005:42–45) offers some techniques for translating modals from English into Arabic and vice versa: 1. Classification of modals: to understand the real category of the modal involved (i.e.

epistemic or root (deontic or dynamic)).

2. Modal rephrasing: paraphrasing the modal to its periphrastic counterpart.

3. Modal retranslation: retranslation after the first draft is finished helps in making sure that this is the ‘original’ rendering of the modal.

4. Utilizing ambiguity: sometimes ambiguity is utilized in translation only if there is another ambiguous counterpart in the target language.

4.5.2.4  Passivization  in English  and  Arabic Discussion of the passive is important for our analysis as it explains what it is and how it is composed in both languages, hence it will be useful to see how this structure is rendered from English into Arabic and vice versa.

Passive in English Voice, in English, is a grammatical element that distinguishes between the active and the passive status of a verb phrase. It is further defined by Quirk et al. (1985:159) as ‘the gram- matical category which makes it possible to view the action of a sentence in either of two ways, without change in the facts reported’. This definition is exemplified below:

1. The judge made a decision.

1a.

A decision was made by the judge.

The passive, in English, is formed by adding a form of the auxiliaries ‘be’ or ‘get’ in the same tense of the verb phrase plus the past participle of the verb, for example:

2. The assembly issued the report. (Active) (Subject) + (Verb) + (Object) 2a.

The report was issued by the assembly. (Passive) (Object) + (auxiliary, be (past)) + (ed- form of issue) + by + (subject) Other auxiliaries such as get can be used to form the passive but this is more likely to happen in informal contexts. They also can occur as a ‘resulting copula’ in sentences like ‘my mother is getting old’; ‘in sentences which could not be expanded by an agent: we are getting bogged down in all sorts of problems’ (Quirk et al. 1985:160). English passive is used to obscure the agent; to avoid the heaviness in sentence initial position; to focus on some elements in the clause rather than others; if it is not important to mention the agent; or if the agent can be inferred from the context. Based on the classification of the English verbs 72 Arabic–English–Arabic Legal Translation into intransitive and transitive, only transitive verbs happen to be passivized. Consider the following examples:

3. The judge issued the verdict. (mono- transitive, active) 3a. The verdict was issued by the judge. (passive) 4. The teacher gave the student a certificate. (di- transitive) 4a. The student was given a certificate by the teacher. (passive) 4b.

A certificate was given to the student by the teacher. (passive) Nevertheless, some transitive verbs cannot be passivized, others occur in passive only. 55 Passive constructions are categorized according to Quirk et al. (ibid.:167–171) into the following subclasses: ( A ) C E N T R A L P A S S I V E S ‘True’ passive (ibid.:167) or ‘agentive passives’, as Svartvik (1966:141) puts it, is the main type of passive where formal correspondence of content occurs as in examples 3 and 4 above. This type can be ‘agentive or agentless’ (Quirk et al., 1985:168) as in:

5. The commander- in-chief has made the decision.

5a. A decision has been made by the commander- in-chief.

5b. A decision has been made. ( B ) S E M I - P A S S I V E S This class of passives is also known as ‘quasi- agentive passives’ (Svartvik, 1966:147). It involves either verbal or adjectival passives; each of which have their own characteristics.

Verbal passives allow for ‘an active analogue’ as in the following examples cited in Quirk et al. (1985:168):

6.

We are encouraged to go on with the project.

6a.

(The results) encourage us to go on with the project.

Semi- passives are like an adjective in that they ‘coordinate the participle with an adjec- tive; modify the participle with quite, rather, more, etc.’ as in ‘we feel rather encouraged and content . . .’; ‘replace be by a lexical copular verb such as feel or seem’ as in ‘Leonard seemed very interested in and keen on linguistics’ (ibid.). ( C ) P S E U D O - P A S S I V E S This third category includes a formal, passive- like structure for which reason it is classified under passive. However, it neither requires addition of an agent nor does it accept a change to the active voice. The following examples from Quirk et al. (1985:170) explain the above notions:

7. The building is already demolished.

8. The modern world is getting more highly industrialized and mechanized. Framework for data analysis 73 This category is known as the ‘statal passive’ in which the verb ‘to be’ is not acting as an auxiliary, but it is rather a copula (ibid.).

Passive in Arabic Passive, in Arabic, has been the subject of study by grammarians, namely, Wright (1967), Cantarino (1974) and Holes (2004). It has also been studied contrastively to English passive in the works of Khalil (1993), Al-Khafaji (1996), among some others.It was stated earlier that English passive is composed of an auxiliary plus the past par - ticiple of the verb plus the agentive ‘by- phrase’. Arabic, on the contrary, does not have an equivalent to the ‘by- phrase’ and the way passive is composed differs. Verbs in Arabic are passivized by means of changing the vocalic pattern through morphology such as َ ب َ ت َ ك (to write) which in passive is changed into َ ب ِت ُ ك (was written). In this, transitivity is not the determinant of passivization in Arabic as it is in English. Like English, the rules of forming passive have some exceptions. Forms having the meaning of to contract a disease, to be stricken with a disease occur only in the passive: .لفطلا مك ُ ز The child caught cold. .ةأرملا تل ُ س The woman developed tuberculosis. .دلولا م ُ ح The boy caught fever. .لجرلا ن ُ ج The man went mad.

Nevertheless, the above examples can occur in the active voice in which case the passivized verbs will change to verbal nouns as follows: .ماكزلا لفطلا باصأ The child caught cold. .لسلا ةأرملا باصأ The woman developed tuberculosis. .ىمحلا دلولا باصأ The boy caught fever. .نونجلا لجرلا باصأ The man went mad.

Wright (1967:49) argues that ‘both the verbal forms both primitive and derivative, have two voices, the active and the passive’. He adds a third type which he calls ‘middle voice’ such as رسكن ا (it was broken). It is worth mentioning that Wright’s idea of ‘middle voice’ is further explained by Al-Khafaji (1996:23) by identifying two types of passive: formal and notional passive. The former is the normal type of passive while the latter is quite abnormal as the verb occurs in its active form but still gives the meaning of the passive. He states that Arabic flexible word order and the richness of its morphology lead to introducing the second type of Arabic passive known as the ‘notional passive’. This is done by means of driving from the basic primary verb a number of verb forms through apophonic changes and prefix- ation. He (ibid.) gives the following example for clarification:

1. kasara nabiil- un al- kaas-a (active) Nabil broke the glass.

2. kusira al- kaas-u (formal passive with the verb in passive form) The glass was broken.

3. inkasara al- kaas-u (notional passive, with the verb in the active).

Wright (ibid.:50) and Cantarino (1974:52) give the following reasons for using passive in Arabic: 74 Arabic–English–Arabic Legal Translation 1. When God or some higher being is indicated as the author of the act.

2. When the author is unknown or at least not known for certain.

3. When the speaker or writer does not wish to name him.

4. When the attention of the hearer or reader is directed more to the person affected by the act (patients, the patient), than to the doer of it.

For Cantarino (ibid.), passive is mainly used for the above reasons in Classical Arabic, whereas he points out that Modern Standard Arabic ‘makes extensive use of the passive’ the purpose of which is ‘to place a greater emphasis upon the action and its object’. Modern Arabic, for example media Arabic, is copying the syntax of European languages, English being one of them. One of these attempts to copy the English syntax in translation is the use of agentive passive represented by a prepositional phrase which will be discussed further by Badawi, Carter and Gully (2004:385–389) below: ( A ) P E R I P H R A S T I C 5 6 A G E N T S O F P A S S I V E V E R B S Although the norm in Arabic passive is to eliminate the agent, it is nowadays added to the passive phrase by adding لبق نم (on the part of) and other lexical items such as بناج نم (by; lit.:

from the side of), ةطساوب (by means of), يديأ ىلع (by; lit. at the hands of). The following exam- ples from Badawi, Carter and Gully (2004:385–389) illustrate these elements in their order: .ايفاملا تاباصع لبق نم رانلا هيلع تقلط ُ أ He was fired on by Mafia gangs. .عارزلا ةمدخ ةرادإ بناج نم تاداشرلإا مدق ُ ت Instructions are offered by the Directorate of Services to Farmers. .ةيركسعلا مكاحملا ةطساوب نيد ُ أ He was sentenced by the military courts. .ةرهم ءابطأ يديأ ىلع جلوع دق He was treated by skilled doctors. ( B ) I N S T R U M E N T O F T H E P A S S I V E V E R B According to Badawi, Carter and Gully (ibid.:386), the true instrument of a passive verb is ب / bi – by as in: .حاجنلاب للك ُ ت مل هدوهج His efforts have not been crowned by/with success. ( C ) P A S S I V E V E R B S W I T H P R E P O S I T I O N S In this element, the verb takes its preposition in the passivized phrase as in: .دعب هب فرتع ُ ا دق باستنلاا ماظن نكي مل The membership system had not yet been acknowledged. (Lit., recognition granted to it) (ibid.) ( D ) I M P E R S O N A L A N D I D I O M A T I C P A S S I V E Arabic passive is also used impersonally and idiomatically as in the following examples:

.ةداغل لي ُ خ و And Gada imagined. (Lit. it was made to appear to Gada) ركذ ُ ت تاعيبم ققحي مل He achieved no sales worth mentioning. (Lit.: which are mentioned) .لامعتسلاا لبق جر ُ ت To be shaken before use. (Lit. is shaken) (ibid.) Framework for data analysis 75 4.5.3 Addition and omission Additions and omissions, ‘over- translating’, ‘under- translating’, or ‘gain’ and ‘loss’ (Dodds:

1985:284) are subject to some linguistic and non- linguistic elements. These are given by Al-Bainy (2002:9): ‘culture, context, connotation, presupposition, intertextuality, gram- matical structure, style, methods of expression, ambiguity (both lexical and grammatical), clarification, emphasis, kind of readership, linguistic background, expectations, semantic range, depth of intention, allusions, among others.’ Additions and omissions can be further divided into ‘justified’ and ‘unjustified’. The latter may be motivated by the translator’s stylistic preferences, adaptation, or paraphrasing. The justified additions and omissions referred to are the changes that occur as a result of different linguistic systems and/or cultural differences as well as legally remote disciplines (for example the case of Shariʿah Law and Common Law). To dissolve this problem in legal translation, Smith (1995:188–189) provides the following example:

In general, the absence of equivalents for terms such as ‘punitive damages’ can be handled in three different ways. First one can provide additional information and explain that punitive damages are in excess of actual damages. They serve to punish the wrong- doer and to enhance the injured in excess .

. . Under certain circumstances a more detailed explanation might be appropriate. Another option would be to find a short, yet sufficiently explanatory phrase . . . A third option, increasingly popular with German is ‘non- translation’ . . . The solution, in my opinion, lies in short, explanatory interlingual translation.

Additions and omissions will be included in the method of analysis because they reflect the translator’s own view point and the way he/she decides to render a unit of translation.

Addition is risky since it violates the rules of adequacy and accuracy, especially in legal translation where adherence to the ST is crucial. Yet, this rule may be violated as a means of clarification and/or compensating for the incongruent cultural backgrounds of both languages. Omission is also possible in translation between different languages. Yet, it must be accounted for and should not be done at the expense of ST content. To be more precise, the analysis of these two elements will be related to culture- specific and system- based terms from Arabic into English.

4.6 LIST OF DOCUMENTS FOR DATA ANALYSIS The corpus of analysis consists of three legal subtypes: international, legislative and official. They contain plenty of examples for the lexical and syntactic areas under investigation, hence help identify the procedures of translating such areas, and arrive at some reliable results and conclusions that will be of help to legal translators and researchers. Thus, the method of choosing these documents is based on convenience and availability, because finding parallel documents that deal with culture- specific and system- based terms was not easy especially in the case of English–Arabic. On the syntactic level, obtaining Arabic–English texts that include elements of passivization was also challenging. This may justify the arbitrary nature of the number of documents used to analyze each element. Below is a full list of the texts used from English into Arabic and vice versa. 76 Arabic–English–Arabic Legal Translation 4.6.1 English–Arabic documents UN documents • The Charter of the United Nations (ChUN) • The Universal Declaration of Human Rights (UDHR) A list of parallel documents from the UN Official Document Supply (ODS) regarding the topic of civil partnership and same- sex marriage as well as some other English system- based words are given below: • Implementation of the International Covenant on Economic, Social and Cultural Rights (United Kingdom of Great Britain and Northern Ireland) • Summary Prepared by the Office of the High Commissioner for Human Rights, in Accordance with Paragraph 15 (c) of the Annex to Human Rights Council Resolution 5/1 (Brazil) • Summary Prepared by the Office of the High Commissioner for Human Rights, in Accordance with Paragraph 15 (c) of the Annex to Human Rights Council Resolution 5/1 (Slovenia) • Summary Prepared by the Office of the High Commissioner for Human Rights, in Accordance with Paragraph 15 (c) of the Annex to Human Rights Council Resolution 5/1 (Germany) • Committee on the Elimination of Discrimination against Women: Consideration of Reports Submitted by States Parties under article 18 of the Convention on the Elimination of all Forms of Discrimination against Women. Sixth Periodic Report of States Parties (United Kingdom of Great Britain and Northern Ireland: Civil Partnership Act 2004) • Divorce and dissolution of civil partnership petitions • Bank account opening form. 4.6.2 Arabic–English documents International and legislative documents • The Arab Charter of Human Rights ( AChHR) • The Universal Islamic Declaration of Human Rights (UIDHR) • The Decree of the Establishment of the National Council of Women Templates of official documents cited in Hatim, Shunnaq and Buckley (1995) • Exchange of Religious Court marriage document for a marriage certificate • Certificate of Legacy • Certificate of Custody • Certificate of Guardianship • Marriage Contract • Certificate of Conversion to Islam • Certificate of Non-Liability • Certificate of Stewardship • Certificate of Maintenance of Legal Minors Framework for data analysis 77 • Certificate of Remarriage to a Divorced Wife • Certificate of Conditional Divorce • Certificate of Confirmation of Parentage • Certificate of Irrevocable Divorce before the Consummation of Marriage • Religious Court Power Special Attorney • Authorization of Irrevocable Divorce in Return for Non- liability. After Consummation of Marriage.

Extracts from legislative texts cited in Mansoor (1965a and b) • The Tunisian Code of Personal Status II • The Pact of the League of Arab States II • Agreement between Libya and the USA. 5 Analysis of Arabic–English– Arabic texts: the lexical level 5.1 INTRODUCTION The analysis of data will be divided into two chapters, each of which will involve one linguistic level; Chapter 5 discusses the lexical level and Chapter 6 deals with the syntactic level. This chapter will be concerned with the translation of some lexical elements between English and Arabic and vice versa with reference to three legal subtypes, namely, interna- tional, legislative and official. From Arabic into English, these elements include religious, culture- specific and system- based terms and archaic terms. The documents analyzed include excerpts from Hatim, Shunnaq and Buckley (1995), Mansoor (1965a and b), the Universal Islamic Declaration of Human Rights (UIDHR) and the Arab Charter of Human Rights (AChHR). From English into Arabic, culture- specific and system- based terms and archaic terms will be analyzed. The documents investigated will discuss the issue of civil partner- ship as given in several UN documents obtained from the UN (ODS) as well as other docu- ments such as the Charter of the United Nations (ChUN) and the Universal Declaration of Human Rights (UDHR) and other official documents obtained from law professionals such as an Account Opening Form and a Lease Agreement.

As mentioned in chapter 4, the analysis will be in two phases, the first of which is a tabu- lated quantitative frequency analysis of the procedures used in translating the element under investigation. The second phase is a qualitative critical analysis, the aim of which is to criti- cally reflect on and criticize some of the examples given and attempt to provide some solu- tions wherever possible.

5.2 ANALYSIS OF RELIGIOUS, CULTURE-SPECIFIC AND SYSTEM-BASED TERMS AND PHRASES IN ARABIC–ENGLISH OFFICIAL AND LEGISLATIVE DOCUMENTS This section aims to ascertain certain religious, culture- specific and system- based elements and which procedure is used in translating them as discussed by Vinay and Darbelnet (1995) and Alcaraz Varó and Hughes (2002). 5.2.1 Quantitative analysis of religious, culture-specific and system-based terms and phrases The following table provides a frequency analysis of the procedures used in translating the above elements: Analysis of Arabic–English–Arabic texts: lexical level 79 The above information can be presented in the following chart: Table 5.1 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in Arabic–English official and legislative documents Technique of translation No. of occurrences Proportion of techniques found (%) adaptation 6 30 expansion 5 25 literal 5 25 transposition 3 15 borrowing 1 5 Total 20100 Figure 5.1 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in Arabic–English official and legislative documents. As shown in the above table and chart, ‘adaptation’ comes in first place with a percentage of 30 percent. In second place come both ‘expansion’ and ‘literal translation’, achieving the same degree of frequency of the total number of procedures 25 percent. ‘Transposition’ comes in third place with a frequency of 15 percent, whereas ‘borrowing’ has registered only 5 percent.

5.2.2 Qualitative analysis of religious, culture- specific and system- based terms and phrases This section critically discusses the above elements in terms of the procedures presented in the table above. It is worthwhile dividing them into some subcategories as given below:

5.2.2.1  Reference  to God In matters of religious culture the problems of translation are often the most perplexing. The names of the deity are a continual difficulty. The native word may have a heavy connotative significance which makes it awkward to use. On the other hand a foreign word often implies an ‘alien’ God. Whether the translator is aware of it or not, the 35 30 25 Q) Ol ~ 20 Q) ~ 15 Q) a. 10 5 0 Adaptation Expansion Literal Transposition Borrowing 80 Arabic–English–Arabic Legal Translation natives usually equate such a foreign term with one of their better known and under- stood deities. (Nida, 1964:94) Reference to God includes elements such as the basmalla ( ميحرلا نمحرلا الله مسب – in the name of God, the Merciful, the Compassionate). In this phrase, الله (Allah/the only creator) is rendered as ‘God’ following Venuti’s (1995) ‘domestication’. That is ‘the translator . . .

moves the reader towards the writer’ (1995:20) and this makes the phrase more accepted in the TL. Translation of this term has been used as it is for a long time. It has been given a static form and has become an accepted translation. Mayoral Asensio (2003:21) suggests the possibility of omitting religious elements as follows:

. . . formulas of salutation referring to God are intertextual references, fully meaningful in the Arabic text, but this intertextuality is lost in non-Islamic cultures . . . These ritual formulas do not have any relevance for the legal validity of the document; consequently, the possibility of omitting their translation remains open.

Aixela (1996:64) justifies the omission of culture- specific elements in cases where they are either unacceptable in the target culture or irrelevant to the target reader (TR) or when the item in question is ambiguous. However, the translator should not claim the liberty of omitting certain elements on the grounds of ambiguity. Rather, ambiguous terms and/or structures should be represented as they are in the TT. Alcaraz Varó and Hughes (2002:43) comment on structure ambiguity in the following lines:

Although structure ambiguity is a problem, the translator must stick to the structure at hand. Then, he produces a similar ambiguous translation. He has no choice to choose from other alternatives. The best thing a translator can do is understand the context if he faces a linguistic ambiguity, if not he must stick to the literal sense of the source text and leave the interpretation to the court.

They (ibid.:153) added: ‘also the translators might seek to use the most frequent structures that are specifically used in dealing with problems of legal discourse’. Although Alcaraz Varó and Hughes discuss the structural ambiguity, I believe, this can also be applied to lexical ambiguity.

For example, the phrase الله ىوقتب (to be God- fearing) in example 1 below does not make clear to the TR what the relationship between ‘fearing God’ and the importance of keeping an eye on the minor’s money is. Although part of this meaning is given in the next clause: ‘and to perform all tasks related to the guardian’, one cannot decide to omit it because of this ambiguity. Example 1: From A Certificate of Guardianship مايقلا و الله ىوقتب هتيصوا دق و هيف امب ةياصولا هذه نؤشب لبقف . . . ةهجل عفنلا و ظحلا هبسح همازتلاب دهعت و ينم كلذ .ىلاعت الله I have informed the guardian to be God fearing and to perform all tasks related to guardianship in the interest and in the benefit of . . . He has accepted this from me and undertaken to fulfill his obligation, may God be his sufficiency. (Hatim, Shunnaq and Buckley, 1995: 84–85) Analysis of Arabic–English–Arabic texts: lexical level 81 In the above example, the Arabic reader can easily understand the connotative or the implicit meaning of the first underlined phrase. That is, if somebody is a guardian of any person’s money or any other interests, he/she needs to be careful not to steal them. The trans- lator has given, in the TT, the denotative meaning of the phrase ‘to be God fearing’. Because of this, the English reader does not get the same connotation given in the original and he/she needs to know the relationship between fearing God and the importance of keeping an eye on the minor’s money. The translator has followed the technique of ‘adaptation’ in translating ىلاعت الله هبسح (may God be his sufficiency). It means ‘God’ will be the only witness, whether the guardian will fulfil his commitments or not. This statement is one of the religious formulas added to the ST and it adds nothing to the TT and omitting it will not affect the legal validity of the document. This omission can be justified by the existence of the previous statement همازتلاب دهعت و ينم كلذ لبقف (He has accepted this from me and undertaken to fulfil his obliga- tion) which conveys that intended meaning.

5.2.2.2  Religious  terms  and  concepts Culture- specific terms pose difficulties when translating between two different languages.

Because of this, the TR is confronted with a whole range of Islamic concepts that are very specific and require a strong legal background. The solution we may suggest is that the trans- lator can provide an explanation in the form of a footnote. Alcaraz Varó and Hughes (2002) propose the technique of adaptation can be an effective means of overcoming the differences between two incongruent cultures. The following are some examples of the documents cited in Hatim, Shunnaq and Buckley (1995).

Translation of the term يعرشلا – legal or religious The ST term يعرشلا is rendered in two ways, either as ‘religious’ or as ‘legal’. Consider the example below: Example 2: From A Certificate of Confirmation of Parentage انأ يدل دوقعملا يعرشلا سلجملا يف يدل رضح يعرشلا . . . يضاق . . . . . . ناكس و . . . نم . . . اعرش فلكملا . . . لبق نم هيلع يعرشلا فيرعتلا دعبو ةلاحلا يف وه و امهروضحب ررق نم يل دلوت دق هنا لائاق اعرش ةربتعملا شارف ىلع . . . ةيعرشلا يتجوز . . . دلولا وأ دلاولأا ةيجوزلا In the Legal Council convened in my presence, I . . . the religious judge of . . . received the legally capable . . . from . . . and resident in . . .

and after the identification by . . . he deemed to be legally competent, resolved in their presence, stating: The children or child . . . was born to me from my legal wife within the state of matrimony. (Hatim, Shunnaq and Buckley 1995:102–103) As the above excerpt shows, the term يعرشلا / al- sharʿi is used to denote two senses, the first of which is rendered as ‘legal’ and the other as ‘religious’ as it specifies the judge that 82 Arabic–English–Arabic Legal Translation deals with these matters as a religious judge not as a normal judge that deals with other cases. This religious judge’s role is similar to the role of لدعلا بتاك (notary).

There is a problem in the translation of يعرشلا فيرعتلا دعبو as ‘and after identification’ which does not represent the same sense given in the ST. The translator has unjustifiably omitted the equivalent of the term يعرشلا (legal), hence omitting an important piece of information for the validity of the TT as a document that can stand alone. In the same excerpt given above, there is a shift of tenses in يل دلوت دق with the modal particle ( دق) denoting probability in the future. This clause is rendered inaccurately as ‘was born to me’: a passive in the past. It should be ‘My wedded wife may give birth to . . .’ by employing a ‘voice shift’ from passive in the ST to an active in the TT. The ST also refers to the baby(ies) that will be born to him from his legal wife as دلولا وأ دلاولأا (the boys or the boy). The ST restricts the gender of the babies to boys only. In fact, Arabic still refers to both sexes in the form of an inclusive masculine element. The evidence of this argument is that the translator, being aware of this element, translates both words as ‘children’ or ‘child’ to include gender- neutral terms in the TT and make the TT more binding.

Terms related to marriage in Shariʿah Law: the term ‘mahr’ Example 3 هعون و رهملا Amount and type of dowry لجعملا Down- payment لجؤملا Deferred payment رهملا عباوت Extras(Hatim, Shunnaq and Buckley, 1995:86–87) Example 3 presents the translation of the term رهملا / mahr (dowry). Faruqi’s Law Dictionary Arabic–English (1983:40) translates the word رهم as ‘dower’.

‘Dowery’ is an archaic term defined by Webster’s Online Dictionary as: Dower (1) the money, goods, or estate that a woman brings to her husband in marriage (2) a gift of money or property by a man to or for his bride. It is also defined in Osborne’s Concise Law Dictionary (2001:142) as follows:

(1) The property which the bride brings to her groom in marriage. Also known as dowry or dowery.

(2) A widow’s life interest in a portion of her deceased husband’s property: that portion of lands or tenements which the wife has for a term of her life of the lands and tene- ments of her husband after his decease, for the sustenance of herself and the nurture and the education of her children . . .

The translator has used the technique of ‘cultural adaptation’ by giving the nearest equiva- lent in the English culture. However, if the document is legally binding, the exact concept of the word should be included in the TT (mahr) and then explained in a footnote. In this context Mayoral Asensio, 2003:62 argues: Analysis of Arabic–English–Arabic texts: lexical level 83 The Arabic sadaq is regularly translated as dowry. But the dowry (in fact, shiwar) is offered to the bride by her father as a custom whereas the sadaq is offered by the bride- groom as an element necessary for the legal validity of the marriage. This is usually law- risk information but could become critical. For instance, it could lead to the annul- ment of the marriage by a Spanish judge applying Moroccan law.

What Mayoral Asensio suggests is that there is a difference in meaning beween ‘dowry’ and ‘mahr’ or ‘sadaq’ as he puts it. He also suggests the translation of sadaq into Spanish as it is in Arabic, through glossing.

Translation of the term ءاربإ / ibra’ (absolution) Example 4: From a Certificate of Non- liability ةلاحلا يف يه و ةلئاق تررق She, being legally competent, resolved, saying: يننا تأربأ يننأ ً اعرشعملا I absolve my husband . . . from responsibility over . . . . . . يجوز ةمذ تأربا (Hatim, Shunnaq and Buckley, 1995:92–93) ‘Absolve’ according to Webster’s Online Dictionary is defined as follows:

(1) To set free from an obligation or the consequences of guilt.

(2) To remit (a sin) by absolution.

‘Absolve’ is translated into Arabic by Faruqi’s Law Dictionary (English–Arabic) (2008:6) as: (مازتلا وا نيد نم ) لحي , (ةمذ ), ئربي , (مازتلا نم ) يلخي ). (ءاربلإا) is defined in the Dictionary of Islamic Terms (Al-Khudrawi, 1995:277) as:

‘Acquittal, absolution, release, release of a debtor from his liabilities, remission of debt.’ ءاربإ is translated by Faruqi Law Dictionary (Arabic-English, 1983:2) as acquittal, absolution ءاربإ release, discharge (ةمذ ءلاخإ ) ءاربإ quittance or acquittance (يباتك ) ءاربإ According to the definitions given above, the Arabic term ءاربلاا corresponds to both ‘absolve’ and ‘acquit’ in English, the former having a religious sense whereas the latter has a legal one. So we hear of ‘absolving sins’ and ‘acquittance of debts’. Arabic, however, does not have such a distinction. The translator has ‘added’ the words ‘responsibility over . . .’ in the TT to make the absolution more specific and denoting what is exactly meant in this particular context (paying a fixed sum of money each month).

Translating the term قلاط (divorce) and related terms It is very important to look at the translation of the term قلاط (divorce) and how its synonyms are rendered into English. But before we do this, it is beneficial to introduce the meaning of the term in Arabic culture. Talaq refers to the termination of marriage by the husband either 84 Arabic–English–Arabic Legal Translation verbally by declaring ‘I divorce you’ up to three times or through an authorized written form. In Arabic culture, if a marriage contract exists, its dissolution is called قلاط (divorce). It can also be called لاصفنا (separation).

Mayoral Asensio (2003:62) commented on the translation of the term قلاط from Arabic into Spanish as follows:

Many official translators render the Arabic talaq as divorce, although it means repudiation.

‘Divorce’ benefits the Western local authority, which thus avoids the dilemma of validating a legal act, repudiation, that may be unconstitutional and against the local law.

Mayoral Asensio, in the above quotation, argues that ‘talaq’ means ‘repudiate/ خسف ’: ‘to divorce or separate formally from (a woman)’ (Webster’s Online Dictionary), and highlights the existence of a difference between the concept of ‘talaq’ and ‘divorce’.

57 If the translator uses the term ‘divorce’ in the TT, he/she uses the strategy of approximation (choosing the nearest equivalent in the TT) which may ‘benefit the Western local authority’ (ibid.). Another way of keeping the spirit of the ST culture in the TT is to borrow the Arabic term ( قلاط – talaq) and include the meaning of the concept in a footnote or in a bracketed paraphrase. Below are examples of the translation of the term (talaq) and other related terms: Example 5: From ةعجر ةجح (Certificate of Remarriage to a Divorced Wife) تقلط دق تنك يننإ لائاق ررق ةيعرشلا يتلوخدم و يتجوز ةيعجر ةقلط He resolved stating:

I revocably divorced my wife with whom I had consummated the marriage . . .

(Hatim, Shunnaq and Buckley, 1995:98–99) In the excerpt above, the Arabic text includes a doublet ( يتلوخدم و يتجوز – my wedded wife) in which the terms are near- synonymous but they are indeed different. In Shariʿah Law a man and a woman can be married with a legal marriage contract but they may not have consummated marriage. Thus, the translator employs the technique of ‘expansion’ according to Alcaraz Varó and Hughes (2002:184), by explaining the word يتلوخدم : ‘with whom I have consummated the marriage’ to the word ‘wife’ giving the exact meaning of the Arabic term. In the same example, the term ةيعجر ةقلط is a Shariʿah Law term which is also referred to, according to Al-Khudrawi (1995:263–4), as يعجر قلاط (revocable divorce).

In the title of the document, the translator opted for ‘explanation’ of the term ةعجر (return) in this case, of a wife to the husband’s matrimonial authority and contract of marriage. This is common in translating titles which depend mainly on the main body and content of the document. Analysis of Arabic–English–Arabic texts: lexical level 85 Example 6: From لوخدلا لبق نئاب قلاط ةقيثو (Certificate of Irrevocable Divorce before Consummation of Marriage) ةروكذملا يتجوز لوقأف  . . . اهب لتخأ ملو لخدأ مل يتلا دقع و يتمصع نم ً اقلاط بلطا ةنئاب ةدحاو ةقلط يحاكن ققحت ثيح و .اهغيلبت و هليجست مدع و امهنيب ةيجوزلا قبس انيلإ ةحيحصلا ةولخلا و لوخدلا نيفرعملا ةدافإو هرارقإب عقو هنأ هتمهفأ دقف نيروكذملا ىرغص ةنونيب نئاب قلاط هنم .ةروكذملا هتجوز ىلع … and I state that my aforementioned wife with whom I have not consummated the marriage and have not been alone is irrevocably divorced from my matrimonial authority and my contract of marriage once and for all and I request that be recorded and that she be notified. Whereas a state of matrimony previously existing between them, non- consummation of the marriage and not being together have been ascertained to us by his avowal and the testimony of the aforementioned identifiers, I have informed him he has concluded an irrevocable divorce of his aforementioned wife.

(Hatim, Shunnaq and Buckley, 1995:104–105) The above excerpt gives the translation of the phrase لوخدلا لبق نئاب قلاط which is one type of irrevocable divorce. It happens if the husband divorced his wife before the consummation of marriage; this counts as one divorce statement and is known as ىرغص ةنونيب نئاب قلاط (minor irrevocable divorce). In this type, if the husband needs to remarry his divorcee, this must happen through a new marriage contract with a new dowry. The above type is different from the one we introduced in example 5 above and is distinguished from ةنونيب نئابلا قلاطلا ىربك (major irrevocable divorce) which is defined by Al-Khudrawi (1995:264): ‘if the husband gives sentence of divorce to his wife a third time, it is not lawful for him to take her again, until she shall have married another husband’. The clause اهب لتخا ملو لخدا مل is rendered as ‘with whom I have not consummated the marriage and have not been alone’. The first part accurately renders the meaning of the ST; the underlined clause adds nothing to the meaning but confirms it, and it is a bit vague in the TT. For the TR, it does not represent the meaning included in the source culture. Menacere (1997:85) argues that ‘lam akhtal biha is a culture specific term with no equivalent in English. The literal translation “have not been alone” is thus meaningless in English, the Arabic concept requiring a lengthy footnote’. Later in the text, the clause is repeated with a different wording: ةحيحصلا ةولخلا (the right khalwah/privacy with a wife) and was vaguely rendered: ‘not being together’. Although it is always advisable that the translator should keep the vagueness represented in the ST, for attaining the same sense given in the ST (Alcaraz Varó and Hughes, 2002:43,153), another suggestion is that the translator may add an explanatory footnote by providing the TR with the conditions of the right ‘khalwah’ such as being separately in one room, with the door closed or curtains drawn. 86 Arabic–English–Arabic Legal Translation Example 7: From the Tunisian Code of Personal Status II دعب ةجوزلل جوزلا اهيطعي يتلا ايادهلا ول و امئاق اهنم يقب ام درتسي دقعلا ببسب ءانبلا لبق خسفلا عقو اذإ ريغت دعب ائيش اهنم عجرتسي لا و اهنم (Article 28). لوخدلا The husband in case of dissolution of marriage, recovers from his wife whatever remains of gifts he gave her after the conclusion of marriage contract if the dissolution occurs after the consummation of the marriage.

(Mansoor, 1965b:141) In the above example, wording of the Arabic ST is vague and requires reconsideration. The ST introduces an article in the Tunisian Code of Personal Status that explains two cases in relation to the husband’s eligibility to recover any presents that he has given to his wife. In the first case, if the couples are officially married, but have not consummated marriage and their marriage contract comes to an end, from the side of the wife, the husband is eligible to receive all the remaining presents back even if they are used. In the second case, if the couples have already consummated marriage, then if divorce happens, the husband is not eligible to receive any of his presents back.

58 The condition for recovering the husband’s presents is exemplified in the conditional clause (ءانبلا لبق خسفلا عقو اذا) . What is meant by خسفلا (dissolution) is ‘divorce’ or ‘dissolu- tion’ and what is meant by ءانبلا (lit. building) is consummation of marriage. This term is omitted, leaving the meaning of the TT clause incomplete. Another unjustified omission is the phrase اهنم ببسب (because of her) which means that ‘the reason of divorce emerged because of the wife’. This phrase, I suppose, is important in this context as it gives one of the cases for returning the husband’s gifts, thus cannot be omitted. The conditional clause ( ريغت ول و lit. if they changed), which refers to the change of the status of these gifts was also unjustifiably omitted from the TT. A suggested translation for this excerpt is given below:

The husband shall in case of the dissolution of marriage recover from his wife, if the dissolution occurs before the consummation of marriage because of her, whatever remains of gifts he gave her – even if the status of these gifts has changed. The husband shall not recover any gifts if the dissolution occurs after the consummation of marriage. (author’s translation) Example 8: From ةعجر ةجح (Certificate of Remarriage to a Divorced Wife) ةدعلا يف تلازام اهنإ ثيح و ىلإ اهعجرأ يننأف ةيعرشلا . . . يحاكن دقع و يتمصع And whereas she is still within the legally prescribed waiting period before remarrying, I return her to my matrimonial authority and to my contract of marriage.

(Hatim, Shunnaq and Buckley, 1995: 98–99) Analysis of Arabic–English–Arabic texts: lexical level 87 The above excerpt represents another instance of the Shariʿah Law terms (ةيعرشلا ةد ِ علا) which is rendered as ‘the legally prescribed waiting period before remarrying’. 59 The trans- lator has used the technique of ‘explicitation’ or ‘expansion’ (Alcaraz Varó and Hughes, 2002:184) by explaining the meaning of the term rather than, perhaps, transliterating it followed by this explanation. ‘Explicitation’ is viewed as one of the translation universals between many language pairs (Baker, 1992). Al-Khafaji (2007) has undertaken a study to validate the hypothesis that ‘explicitation’ and avoiding lexical repetition is one of the trans- lation universals between English and Arabic. He comes up with the conclusion that this hypothesis is valid, bearing in mind the small- scale corpus he has used. Al-Khafaji has investigated such hypotheses in literary Arabic, not considering other Arabic registers such as legal Arabic. Based on the analysis of a small- scale legal corpus, we can claim that ‘explicitation’ applies in the case of translating legal texts from and into Arabic whereas avoiding lexical repetition is not a valid hypothesis in translating these legal subtypes. Mansoor (1965b:141) has given the following translation of the term ةدع (iddat): Example 9: From the Tunisian Code of Personal Status II ةافولا ةدع دوقفملا ةجوز دتعت . هنادقفب مكحلا رودص دعب (Article 36) The wife of the missing person, following a court decision designating him a missing person, shall observe the same period of ʿiddat as that applicable in case of death. (Mansoor, 1965b:141) In this example, Mansoor has ‘borrowed’ then transliterated the Shariʿah Law term ( ةدع ʿiddat) which has no equivalent in the English culture, followed by an explanation: ‘as that applicable in case of death’ because there are two cases for ʿiddat in Shariʿah Law: in case of death or if the wife has been divorced. Al-Khudrawi (1995:277) has defined and distin- guished between these two types of ةد ِ ع (ʿiddah) below:

The term of probation incumbent upon a woman in consequence of dissolution of marriage either by divorce or the death of her husband. After a divorce, the period is three months and after the death of her husband, four months and ten days, both periods being enjoined by the Qurʾan.

5.3 RELIGIOUS, CULTURE-SPECIFIC AND SYSTEM-BASED TERMS AND PHRASES IN ARABIC–ENGLISH INTERNATIONAL DOCUMENTS The Universal Islamic Declaration of Human Rights (UIDHR) is an important text to analyse in the body of this book. It is one of the documents which addresses human rights in Islam and the translation of which should adequately transfer the message given in the ST. It is also rich with religious elements from the Qurʾan and the Sunnah (customary practice of Prophet Mohammed) as well as Shariʿah Law. 88 Arabic–English–Arabic Legal Translation 5.3.1 Quantitative analysis of religious, culture-specific and system-based terms and phrases in the UIDHR The following table gives the techniques used in translating the religious and culture- specific terms in the UIDHR: Table 5.2 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in the UIDHR Technique of translation No of occurrences Proportion of techniques found (%) omission 7760.16 adaptation 2721.09 borrowing 129.38 addition 86.25 literal 21.26 explanation 21.26 Total 128100.00 Figure 5.2 Frequency analysis of the techniques of translating culture- specific and system- based terms and phrases in the UIDHR. As is shown in the above table, ‘omission’ is the most frequent technique in translating religious elements (for example Qurʾanic verses and prophetic Hadiths) (60.16 percent). At the same time, ‘adaptation’ achieved 21.09 percent of the overall techniques which puts it in second place. ‘Borrowing’ comes in third place achieving 9.38 percent, a technique that has not been noticed in the analysis of the official and legislative documents mentioned earlier in this chapter. ‘Addition’ achieves 6.25 percent, which is higher than its counterparts in the official and legislative documents. Other techniques such as ‘literal translation’ and ‘expla- nation’ are not so frequent, with a percentage of 1.26 percent. Below is a chart illustrating the above information followed by the qualitative analysis:

Omission Adaptation Borrowing Addition Literal Explanation Analysis of Arabic–English–Arabic texts: lexical level 89 5.3.2 Qualitative analysis of the frequency of techniques of translating culture- specific and system- based terms and phrases in the UIDHR The discussion in this phase focuses on the techniques exemplified in the above chart. We will focus on ‘omission’, ‘adaptation’, ‘borrowing’ plus ‘literal’ ‘translation’ and ‘addition’.

It is worth noting that the method of analysis in this part has been slightly adapted from the way followed in analyzing the official and legislative documents before. In analyzing this document, I am referring to the technique of translation where ‘omission’ and ‘adaptation’ are the most dominant, a matter which poses a question about the validity of the TT, given that this is the only available translated text of this document and paves the way for a closer investigation of the techniques of translation used.

5.3.2.1  Translation  by ‘omission’ In the TT, the translator omitted every occurrence of Qurʾanic verses and Hadiths, along with their citations. 60 At the end of the TT, he/she has given a separate ‘Reference’ section in which he/she has documented all the occurrences of the Qurʾanic verses and the Prophet’s Hadiths, according to the order of their occurrence in the text. This can justify why omission is the most frequent technique and leaves us with the questions of (i) whether or not the trans- lator has the authority to omit almost all these examples, (ii) if he/she has done so, has he/she justified such omission? (iii) has he/she explained why he/she has referred to the citations of these examples at the end of the text? (iv) what is the value of including them so abruptly? To answer the third and fourth questions, we can argue that adding these citations at the end of the TT does not change anything, nor does it add any information to the TR because they are used out of context. Even with them, the TR will not find them of much help as he/ she requires the actual words to be able to accommodate them in the TT. In answering question one and two, it is not the authority of translators to omit these big portions of the TT. He/she does not justify using such technique to the TR, leaving the TT one of the unreliable texts. One cannot claim that the TT is a parallel version of the ST. It can neither be viewed as an authentic nor as a binding legal document. One of the instances of the omissions, however, can be justified for as in the case of omitting the basmalla ( ميحرلا نمحرلا الله مسب – In the name of God, the Merciful, the Compassionate).

It is worth mentioning that despite the ‘omission’ of almost all the occurrences of the Qurʾan, the Hadith, sayings of the Prophet’s companions and the adaptation of a few of such elements, the TT, surprisingly, includes one Qurʾanic verse that has not been omitted as given below: Example 1 أدبملا اهمكحي تايلقلأل ةينيدلا عاضولأا :ةرقبلا ) ‘نيدلا يف هاركإ لا ’ :ماعلا ينآرقلا . (256 The Qurʾanic principle “There is no compulsion in religion” shall govern the religious rights of non-Muslim minorities.

(UIDHR, article 10:a) 90 Arabic–English–Arabic Legal Translation 5.3.2.2  Translation  by ‘adaptation’ Examples of this translation technique are many in the body of the document; we will comment on some of them below: Example 2 لكل قح – يملاسلإا هراطإب – جاوزلا ةرسلأا ءانبل يعرشلا قيرطلا وهو ،ناسنإ لكل . . . سفنلا فافعاو ؟،ةيرذلا باجنإو – هلو هيلع – رخلآا لبق نيجوزلا نم ةعيرشلا اهتررق ةئفاكتم تابجاوو قوقح . (ةسمخلا هاور ) Every person is entitled to marry, to found a family and to bring up children in conformity with his religion, traditions and culture. Every spouse is entitled to such rights and privileges and carries such obligations as are stipulated by the Law.

(article 19:a) The above excerpt exemplifies ‘adaptation’ of the term ةعيرشلا (Shariʿah) which has been rendered as ‘law’ and it is repeated throughout the whole document. The translator mentioned this in the endnotes but offers no justification. The only justification one can provide is that the translator is after the ‘domestication’ of the TT. In fact, what the translator is trying to do is to give the TR the gist of the content of each article. This has happened at the expense of accuracy of the ST wording. For example, the two- part article is translated into one state- ment summarizing the message given in the ST. Consider the following statement: ،ةيرذلا باجنإو ةرسلأا ءانبل يعرشلا قيرطلا وهو سفنلا فافعاو to found a family and to bring up children The translator has omitted the phrases يعرشلا قيرطلا وهو (which is the legitimate way) and سفنلا فافعاو (maintaining self- chastity). ‘Adaptation’ is also used in translating ةيرذلا باجنإو (and giving birth to offspring) into ‘bring up children’. This adaptation, I believe, is inadequate as this results in a totally different piece of information that is not primarily given in the ST, as ‘having children’ is different from ‘bringing up children’.

A better translation could be: ‘and this is the legitimate way to found a family, to have children and to preserve self- chastity’ (author’s translation). Example 3 نم قزرلل لايصحت ،جتنيو لمعي نأ ناسنإ لكل . ةعورشملا ههوجو All human beings are entitled to earn their living according to the Law.

(article 15:b) Analysis of Arabic–English–Arabic texts: lexical level 91 ‘Adaptation’ is also used in the above example in translating ةعورشملا ههوجو نم (by its legitimate means) which is rendered as ‘according to the law’. In this context, it has given the same sense as that of the original.

5.3.2.3  Translation  by both  ‘literal’  translation  and  ‘borrowing’ Due to the religious nature of the document, it includes a considerable number of reli- gious and jurisprudential concepts that are hard to render in the TT. For these elements, the translator has used two procedures of translating them, mainly, ‘literal translation’ and ‘borrowing’ as given by Vinay and Darbelnet (1995:84). We will refer to a few of these items below: Example 4 تاسايسلا هيف ررقت :عمتجم ،ةملأا نوئش مظنت يتلا اهقبطت يتلا تاطلسلا سرامتو مهرمأو ” :“ىروشلاب ” اهذفنتو ىروشلا ) “مهنيب ىروش .(38 Wherein all public affairs shall be determined and conducted and the authority to administer them shall be exercised after mutual consultation (Shura) between the believers qualified to contribute to a decision which would accord well with the Law and the public good; (Preamble: 8) نيب ةقلاعلا ساسأ ىروشلا ii . ةملأاو مكاحلا Process of free consultation (Shura) is the basis of the administrative relationship between the government and the people. (Article 11:b) In the above example, the term ىروشلا (consultation) is rendered in two ways, by ‘literal translation’: ‘mutual consultation’ followed by ‘borrowing’ (Shura) as in (i) or ‘process of free consultation’ followed by Shura as in (ii). Newmark (1982:381) does not support the use of ‘borrowing’ in international documents:

whether in translation or in original writing, a paper on a country’s institutions transfers a higher proportion of legal than of any other type of institutional terms but an officially translated law or an international treaty must not use transferred or borrowed terms.

Newmark’s argument above might not be applicable to the above document where there is a considerable number of religious and culture- specific terms the meaning of which will be distorted if not transferred to the TT through ‘borrowing’. It is also advisable to start with the borrowed term then followed by the ‘literal translation’ as is given in the following example: 92 Arabic–English–Arabic Legal Translation Example 5 سانلل نمأو ةباثم وه – ةفرشملا ةكمب – مارحلا الله تيب لآ ) “انمآ ناك هلخد نمو ” :ملسم هنع دصي لا اعيمج .(97 : نارمع Al Masjid Al Haram (the sacred house of Allah) in Mecca is a sanctuary for all Muslims.

(Article 9:b) In the above example, مارحلا الله تيب (the Sacred House of Allah/Kaʿabah) is rendered in two ways: the first of which is through ‘borrowing’ and ‘adaptation’ (Al Masjid Al Haram – The Sacred Mosque) followed by bracketed ‘literal translation’ (The Sacred House of Allah – Kaʿabah). Although the borrowed phrase can be considered a justified adaptation as the meaning involved in the ST refers to the whole Mosque rather than the Kaʿabah, the translator should have stuck to the ST, or a footnote could have been included to explain this adaptation to the TR. It is worthwhile that the translator combined the two phrases اعيمج سانلل نمأو (and security for all people) and ملسم هنع دصي لا (no Muslim should be deterred from it) as ‘sanctuary for all Muslims’. By this, the translator limits visiting or resorting to the Mosque to Muslims only, a piece of information that does not exist in the ST. A suggested translation could be:

‘The Sacred House of Allah – in Mecca – is sanctuary and security to all people and no Muslim should be deterred from visiting it.’ (Author’s translation) Example 6 جاوزلا دقع ءاهنإ :اهجوز نم بلطت نأ :ةجوزلل اميقي لاأ متفخ نإف ” :علخلا قيرط نع – ايدو – تدتفا اميف امهيلع حانج لاف الله دودح [ناجوزلا ] قيلطتلا بلطت نأ اهل نأ امك .(229 :ةرقبلا ) “هب .ةعيرشلا ماكحأ قاطن يف ً ايئاضق Every married woman is entitled to seek and obtain dissolution of marriage (Khul’a) in accordance with the terms of the Law. This right is in addition to her right to seek divorce through the courts. (Article 20:d) In the above example, the ST phrase علخلا قيرط نع – ايدو – جاوزلا دقع ءاهنإ (entitled to seek and obtain dissolution of marriage (Khul’a)) uses a culture- specific term علخلا (al-Khulʿ).

According to the ST, a wife can initiate divorce from her husband by means of علخلا Analysis of Arabic–English–Arabic texts: lexical level 93 (al- khulʿ). 61 This term does not have an equivalent, hence is rendered by ‘borrowing’.

However, a footnote could be included to explain this term to the TR:

Al- khulʿ: ‘An agreement concluded for the purpose of dissolving marriage. The release from the marriage tie obtained by a wife upon payment of a compensation or consideration whenever enmity takes place between husband and wife and they both see reason to.’ (Al-Khudrawi, 1995:124) A suggested better translation of the above excerpt would be: A wife is entitled to demand from her husband – in an amicable manner – the dissolu- tion of the marriage contract through ‘al-khul ʿ’ (author’s translation) Sometimes there is a lack of consistency on the part of the translator in translating one term. For example, ‘literal translation’ plus ‘ borrowing’ is used in rendering the word ةملأا (the community) in one case: ‘the community (Ummah)’ and in another case it is rendered through ‘literal translation’ only as ‘the community’.

5.3.2.4  Translation  by ‘addition’ There are several instances of addition in the body of the TT. Some of them are worth mentioning here: Example 7 نلعي نأ :هبجاو نمو درف لك قح نم نود ،همواقي نأو ،هل هراكنإو ،ملظلل هضفر مكاح وأ ،ةفسعتم ةطلس ةهجاوم بيهت عاونأ لضفأ اذهو . . . غاط ماظن وأ ،رئاج . . . داهجلا It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state. (article 12:c) An example of ‘addition’ (within the limits set by the law) can be seen where in the TT the translator was discussing the rights of every person to protest against oppression. The word درف (individual/person) which is gender- neutral is rendered as ‘every Muslim’. The translator has specified reference in the TT to Muslims only. There is no justification for that change in the footnotes. One can argue that the translator may have done so on the grounds that this document discusses human rights in Islam which should be addressed to all Muslims. Even so, the document does not restrict the rights and obligations to Muslims as other sects may still live under the umbrella of Islam and one should not exclude them. 94 Arabic–English–Arabic Legal Translation There is also an ‘adaptation’ and ‘omission’ of the underlined phrase below ( داهجلا عاونأ لضفأ اذهو – this is the best way of jihad) in the following excerpt: مكاح وأ ،ةفسعتم ةطلس ةهجاوم بيهت نود داهجلا عاونأ لضفأ اذهو . . . غاط ماظن وأ ،رئاج . . . against oppression even if it involves challenging the highest authority in the state What the translator has provided us with in the above example is ‘gist translation’. The complete translation of the ST statement could be: . . . without fearing the confrontation of an oppressive authority, unjust ruler, or tyran- nical regime . . . and this is the best type of struggle . . . (author’s translation) Example 8 تايرورض نم هتيافك لاني نأ درفلا قح نم ،سبلمو ،بارشو ،ماعط نم . . . ةايحلا ،ةياعر نم هندب ةحصل مزلي اممو . . . نكسمو ،ملع نم ،هلقعو ،هحور ةحصل مزلي امو دراوم هب حمست ام قاطن يف ،ةفاقثو ،ةفرعمو ام لمشيل اذه يف ةملأا بجاو دتميو – ةملأا نم هسفنل هريفوتب لقتسي نأ درفلا عيطتسي لا .كلذ Every person has the right to food, shelter, clothing, education and medical care consistent with the resources of the community. This obligation of the community extends in particular to all individuals who cannot take care of themselves due to some temporary or permanent disability. (article 18) As seen in the above example, the underlined phrase has been rendered differently in the TT. Translation has been done through both ‘adaptation’ and ‘addition’. The article is discussing the duties of the community towards their people and in particular providing necessary resources, in particular for those who are not able to provide them themselves. The TT involves a mistransla - tion of this information and an addition of a piece of information that does not exist in the ST: ‘due to some temporary or permanent disability’. A better translation should read as follows: لا ام لمشيل اذه يف ةملأا بجاو دتميو هسفنل هريفوتب لقتسي نأ درفلا عيطتسي .كلذ نم Duties of the community also involve providing what the individual cannot secure of these needs. (author’s translation) Analysis of Arabic–English–Arabic texts: lexical level 95 The information given in this table is represented again in Figure 5.3.

As the two figures show, ‘literal translation’ is one of the most frequent techniques used in translating system- based and culture- specific terms from English into Arabic at 46 percent.

Expansion achieves 23 percent whereas ‘adaptation’ comes in third place with a percentage of 21 percent. Both ‘shift’ and ‘explicitation’ come last with 5 percent for each technique.

It is clear from the above discussion that the translation of this document is problematic; we have provided an overview of this and only commented on a few examples that deal with religious, culture- specific terms. The TT of this document, however, is not consistent and it is recommended that it should be retranslated.

5.4 ANALYSIS OF ENGLISH–ARABIC SYSTEM-BASED AND CULTURE-SPECIFIC TERMS This section discusses the techniques of translating culture- specific and system- based terms from English into Arabic, with a certain focus on the concept of ‘civil partnership’ rendered in some UN documents introduced in Chapter 4 (section 4.6). 5.4.1 A note on the concept of civil partnership The term ‘partner’ is defined by Webster’s Online Dictionary as ‘someone’s husband or wife or the person someone has sexual relations with’. A civil partnership is ‘a relationship between two people of the same sex (“civil partners”)’ (Civil Partnership Act 2004, article 1 available online from: ). Civil partnership is distinguished from civil marriage in that the two male or female partners can go to a specified civil partnership registrar and utter certain vows 62. In the UK, for example, the two partners perform official arrangements for living together legally and share the rights that married couples have such as the right for pension or property ownership if one of the partners dies. 63 5.4.2 Quantitative analysis of English–Arabic culture- specific system- based terms and phrases The table below gives the frequency of the techniques used in translating English–Arabic culture- specific and system- based terms: Table 5.3 Quantitative analysis of the techniques of translating English–Arabic system- based and culture- specific terms Technique No of occurrences Proportion of techniques found (%) literal 1846 expansion 923 adaptation 821 shift 25 explicitation 25 Total 39100 96 Arabic–English–Arabic Legal Translation 5.4.3 Qualitative analysis of English–Arabic system- based and culture- specific terms This section critically analyzes the techniques used in translating the system- based and culture- specific terms in some selected UN documents. 64 These terms include spouse, couples, marriage, divorce, dissolution, civil partnership and related terms. Example 1 The marriage must have broken down for one of these reasons: دحلأ جاوزلا رايهنا دوعي نأ بجي :ةيلاتلا بابسلأا Your spouse has committed adultery and you find it intolerable to live together. ىلع ةردقملا مدع و انزلل كيرشلا باكترا اعم شيعلا لمحت Your spouse has behaved in such a way that you cannot reasonably be expected to live together. نم ثيحب ام ةقيرطب كيرشلا فرصت .ً اعم شيعلا ةيناكمإ لوقعملا ريغ You have been separated for two years and your spouse agrees to divorce. و لاصفنلاا ةرتف ىلع نيتنس يضم .لاصفنلاا ىلع كيرشلا ةقفاوم You have been separated for five years. .لاصفنلاا ىلع تاونس سمخ يضم Your spouse deserted you more than two years ago. سمخ نم رثكلأ كل كيرشلا رجه .تاونس (Resolution first for family law, fact sheet) The above example lists the reasons for dissolution of civil partnership. The author, however, has presupposed that civil partnership is referred to as ‘marriage’ and the dissolution of it is called ‘divorce’: where the term ‘divorce’ is used in this fact sheet it should be taken to include dissolution of civil partnership. Thus, the term ‘spouse’ refers to ‘partner’ in the ST. The trans- lator has opted for an ‘adaptation’ technique in the TT to give the same meaning intended in the ST by rendering ‘spouse’ as كيرشلا (the partner) rather than جوزلا (husband). Figure 5.3 Frequency analysis of the techniques for translating English–Arabic system- based and culture- specific terms. Literal Expansion Adaptation Shift Explicitation Analysis of Arabic–English–Arabic texts: lexical level 97 ‘Verb–noun transposition’ is used in the translation of ‘have broken down’, ‘separate’ ‘desert’ and ‘deserted’. The former is rendered as رايهنا (collapsing / breaking), ‘have been separated’ as لاصفنلاا (separation) and ‘deserted’ as رجه (deserting). There is one ‘mistrans- lation’: ‘Your spouse deserted you more than two years ago’ has been rendered as سمخ (five).

It is interesting to look at the translation of the term ‘partner’ as it has occurred in the media discourse. 65 Since 2006, Parliamentary rules have banned MPs from ‘leasing accommodation from a partner’. دعاوقلا رظحت ، 2006 ماعلا ذنمو لحم ريجأت باونلا ىلع ةيناملربلا ميمح قيدص وأ جوز نم ةماقلإا As given above, ‘partner’ is rendered as ميمح قيدص وأ جوز (husband or intimate friend). Both TT words do not represent the meaning of the term ‘partner’ given in the ST. It neither means ‘husband’, nor does it mean ‘intimate friend’. The translator has used ‘adaptation’ as a means of euphemism for representing the approximate equivalents in the TT culture. ‘Expansion’ is also used here as the translator has added ‘intimate friend’ to the TT. The translator has taken the liberty of translating the ST, assuming that it is not a binding text and the TR will still get the intended meaning once it is read in context. One can better translate it as: يندم كيرش وأ كيرش نم ةماقلإا لحم ريجأت باونلا ىلع ةيناملربلا دعاوقلا رظحت ، 2006 ماعلا ذنمو In the same article, the term ‘partner’ is rendered differently as ‘to his partner’ ( يلثم هكيرشل سنجلا ) which specifies the meaning of the term ‘partner’ to refer to British Treasury Minister David Laws’ secret lover. The media also speaks of ‘gay couple’ for ‘civil partners’ as given in a news headline: ‘Gay couple set to christen children’. 66 It can be rendered into Arabic as مهلافطأ نادمعي سنجلا ايلثم ناكيرش (author’s translation).

Below is another example: Example 2 Where the term ‘divorce’ is used in this fact sheet it should be taken to include dissolution of civil partnership. The only exception is adultery which is a specific legal term relating to heterosexual sex and which cannot therefore be used as grounds for dissolving a civil partnership. If your partner is unfaithful the grounds for dissolution would instead be unreasonable behaviour.

(Resolution first for family law, fact sheet) هذه عئاقولا ةقرو يف “قلاطلا ” حلطصمف ءانثتسلااو .ةيندملا ةكارشلا خسف لمشي ينوناق حلطصم وه يذلا انزلا وه ديحولا نيسنجلا نيب سنجلا ةسراممب قلعتي ددحم ساسأك مدختست نأ يلاتلاب نكمي لا يتلاو كيرشلا ناك اذإ و .ةيندم ةكارش ءاهنلإ ةكارشلا للاحنا ساسأ حبصي صلخم ريغ . ينلاقع ريغلا فرصتلا كلذ نم ً لادب 98 Arabic–English–Arabic Legal Translation In the above excerpt, translation of the term ‘dissolution’ has varied; once it is خسف in the first instance, ءاهنإ in the second; and للاحنا in the third. In the first two instances ‘literal transla- tion’ has been used. In the third, it is also ‘literal’ and ‘addition’ as the translator has opted for adding the term ةكارشلا (partnership) to make it explicit in the TT what ‘dissolution’ refers to. It is of value to note that the Arabic term ةكارشلا (partnership) has been newly introduced to Arabic as a verbal noun of the verb كراش (to take part) and it is now frequently used in business and in law. Below is another example given in a Bank Account Contract Opening Form below: Example 3 Authorized Signatures: Notice of revocation; dissolution of partnership.

(Article 2.9) Death of any partner of the Account Holder or of its dissolution. (Ibid.) لح و ءاغللإا راطخا و عيقوتلاب نوضوفملا .ةكارشلا ةيفصت وأ باسحلا بحاصل كيرش يأ ةافو . هعم ةكارشلا In other examples, ‘civil partnership’ can be called ‘same-gender partnership’: Example 4 Civil recognition of same- gender partnerships.

(E/C.12/GBR/5: article 21) نم نارقلأا تاكارشب يندملا فارتعلاا سنجلا سفن As seen above, ‘literal translation’ is used but the term نارقلأا (fellows) has been ‘added’ to the TT for semantic reasons as the term ‘partnerships’ needs to be put in a whole meaningful context. It gives a better meaning than if it is rendered as سنجلا سفن نم تاكارش (same- gender partnerships). Here is another phrase: Example 5 same- sex couples to make a formal, legal commitment to each other by forming a civil partnership.

(E/C.12/GBR/5: article 21) مازتلا يف لوخدلا نم سنجلا سفن نم نارقلأا نيوكتب رخلآا امهنم لك هاجت يمسر ،ينوناق . ةيندم ةكارش As seen above, ‘same- sex couples’ is rendered as سنجلا سفن نم نارقلأا (fellows of the same sex). There is ‘adaptation’ in rendering the term ‘couples’ into ‘fellows’. The translator is motivated by addressing the target culture because ‘couples’ refer to ‘two married persons from opposite sexes’. The term نارقلأا (fellows) is neutral here as it can refer to two persons from the same or different sexes. Another example of the occurrence of the term is given below: Analysis of Arabic–English–Arabic texts: lexical level 99 Example 6 same- sex civil partnership (A/HRC/14/15/Add.1: article 5, 6, 7, 8, 9) دحاو سنج نم نيكيرش نيب ةرشاعملا In this example, the translator has ‘adapted’ the translation with an ‘addition’ of the term ةرشاعملا (cohabitation) and unjustifiably omitting the term ‘civil’. To keep consistency of the translation of the term, one can render it as: سنجلا سفن نم نيكيرش نيب ةيندملا ةكارشلا (author’s translation) The following example investigates the translation of ‘homosexuals’: Example 7 . . . it is believed that such incidents are underreported because families are unwilling to admit that targeted members were homosexuals, for fear of further abuse.

(GEN/G09/173/85: article 30) هذه نع غيلبتلا مدع نأ ديفت معازم ىلإو . . . يف رسلأا ةبغر مدع ىلإ ىزع ُي ثداوحلا نويلثم مه نيفدهتسملا دارفلأا نأب ميلستلا .تاءادتعلا مهضرعت نم ا ً فوخ ا ًيسنج It is clear from the above example that the term ‘homosexuals’ is rendered ‘literally’ as ا ًيسنج نويلثم . One can even argue that it is a ‘calque’ according to Vinay and Darbelnet (1995:84). This term has also been rendered in the media as يسنج يلثم .67 Example 8 Gender Recognition Act 2004 Civil recognition of transsexual people in their acquired gender.

(E/C.12/GBR/5: article 21) ٢٠٠٤ ماعل سنجلاب فارتعلاا نوناق نمل بستكملا سنجلاب يندملا فارتعلاا .مهسنج نور ّ يغي ‘Transsexual people’ in the above example is rendered as مهسنج نور ّ يغي نمل (who change their sex (gender)). This phrase is rendered into a clause following ‘phrase- clause trans - position’. It is worth noting that both transsexual and transgender are used interchangeably although there is a slight distinction between both. ‘Transsexualism’ describes the wish to change one’s sex or the change itself. This is known in Arabic as سنجلا رييغت (gender change) or سنجلا رييغت ءاهتشا (the wish to change gender). The second is ‘transgender’ ( يسنجلا لوحتلا ) which shows that the process of gender change has already been done.

There are a few system- based items in the corpus of analysis, the first of which is given below: 100 Arabic–English–Arabic Legal Translation Example 9 The Crown Dependencies The UK is responsible for the defence and international representation of the CDs. The CDs are: the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man. (E/C.12/GBR/5: article 9) جاتلل ةعباتلا ميلاقلأا ةيامح نع ةلوؤسم ةدحتملا ةكلمملا . اهليثمت نعو جاتلل ةعباتلا ميلاقلأا نام ةريزج يه جاتلل ةعباتلا ميلاقلأاو .يسنريغ ميلقإ و يسريج ميلقإو The title of the article, ‘The Crown Dependencies’ is rendered ‘literally’ as: جاتلل ةعباتلا ميلاقلأا (lit. ‘the regions which belong to the throne’). The ST has replaced the phrase by the abbreviated form (CDs) to avoid repetition. However, the TT has followed the technique of ‘explicitation’ by rendering the full words for the ST initials. Example 10 The Crown exercises its responsibilities for the Islands through the Privy Council and also makes appointments to the judiciary in each Island. (E/C.12/GBR/5: article 9) رزجلا نع هتايلوؤسم جاتلا سراميو امك صاخلا ةكلملا سلجم للاخ نم .ةريزج لك يف ةيئاضقلا ةطلسلا ن ّ يعي The ‘privy council’ generally refers to the advisers of a monarchic government. It was estab- lished in many countries, such as France, Japan, Russia, where it has now been abolished, but it is still functioning in countries such as Canada, Denmark and the UK. It is commonly known in the UK as ‘Her Majesty’s Most Honourable Privy Council’. It has been rendered as صاخلا ةكلملا سلجم (the Queen’s Private Council). The technique of ‘adaptation’ is used as the translator gives the corresponding equivalent in the TT. It can also be rendered as ةكلملاب صاخلا يراشتسلاا سلجملا (the Queen’s Private Council of Advisers) following the technique of ‘explicitation’.

5.5 ANALYSIS OF ARCHAIC TERMS IN ARABIC–ENGLISH DOCUMENTS In Chapter 3, we pointed out that Arabic legal documents use template terms which have continued to exist in the legal tradition such as روكذملا (the said or the abovementioned). We can argue that the use of such terms gives an Arabic legal document a specialized nature and that they are considered the equivalents of the English archaic terms. Analysis of Arabic–English–Arabic texts: lexical level 101 5.5.1 Translation of archaic terms in Arabic–English official documents Examples of the term روكذملا (the said or the abovementioned) have occurred in the official documents cited in Hatim, Shunnaq and Buckley (1995) as given below: Table 5.4 Archaic terms in Arabic–English official documents Arabic English Citation ىفوتملا ةكرتل . . .

. . . روكذملا . . . the bequest of the aforementioned deceased Mr/Ms . . . (80–81) هتيلاو تبث دقف كلذل . . . نيترصاقلا ىلع نيتروكذملا ةحلصم هتاعارم و . . . روكذملا رصاقلا I have accordingly confirmed his custody of the aforementioned legal minors. . . . and safeguard the interests of the aforementioned legal minors. (82–83) يصولل قحي لا . . . ئش عيب روكذملا The said guardian may not sell any . . . (84–85) هيلع ءانب و هليجست تبلط و . . . كلذ ررقت She requested that this be recorded and in accordance therewith has made this resolution . . . (92–93) . . . ب . . . تلكو يننإ . . .

ركذ امب ةصاخ ةلاكو و هلعف و هلوقل ةضوفم ،هيأر I have appointed . . . as my representative concerning . . . by means of power of special attorney over the hereinbefore stated authorizing his statements, actions, and judgments, (106–107) The term روكذملا and other forms of it as underlined in the above examples have been used as lexical substitutions for name(s) of person(s) rather than repeating this/these name(s). It has been translated into English as ‘aforementioned’, ‘hereinbefore’, ‘therewith’ and ‘said’.

The procedure used in translating this term is ‘transposition’ according to Vinay and Darbelnet (1995:36). Sometimes, the noun روكذملا is rendered as an adjective (a noun func- tioning as an adjective) as in example 3 in Table 5.4. In example 5 in the table, the passive verb رك ٴ ذ (mentioned) is rendered into the passive form ‘stated’ and an added archaic adverb ‘hereinbefore’. Example 2 in Table 5.4, however, is mistranslated and requires further consideration below: • . . . نيتروكذملا نيترصاقلا / the aforementioned legal minors . . . • روكذملا رصاقلا / the aforementioned legal minors (a Certificate of Custody 82–83) As shown above, there is inconsistency in referring to the two feminine minors. In 1, the same specification is used in the ST, but the translation shifts to the plural and is lacking a gender- specific term. In 2, reference is altered to the masculine singular in the ST with the translator following the same strategy as in 1. He/she should have added the numeral ‘two’ plus a gender specific term (female). In both cases, the translation should be: ‘The aforemen- tioned two female legal minors’. It is beneficial to look at some of these Arabic template terms in another legal subtype (for example international documents) such as the Arab Charter of Human Rights (AChHR): 102 Arabic–English–Arabic Legal Translation Example 1 اذه يف فرط ةلود لك دهعتت دوجوم ناسنإ لكل لفكت نأب قاثيملا اهتطلسل عضاخو اهيضارأ ىلع تايرحلاو قوقحلا ةفاكب عتمتلا قح . هيف ةدراولا Each State Party to the present Charter undertakes to ensure to all individuals within its territory and subject to its Jurisdiction the right to enjoy all the rights and freedoms recognized herein. (AChHR, part 2: article 2) Example 1 presents other forms of template Arabic terms: هيف ةدراولا (mentioned in it) is rendered into English as ‘recognized herein’. The technique of ‘transposition’ is used: a ‘present participle’ ( ةدراولا – mentioned) is rendered as ‘past participle’ and the Arabic preposition هيف (in it) is ‘transposed’ as an archaic adverb ‘herein’. Sometimes archaic terms are used in place of demonstrative pronouns or prepositional phrases as in the following instance: Example 2 . . . ناسنإ لك فارطلأا لودلا ىمحت كلذ عنمل ةلاعفلا ريبادتلا ذختتو وأ تافرصتلا هذه ةسرامم ربتعتو ،اهنع بقاعي ةميرج اهيف ماهسلإا The States parties shall protect every person . . . They shall take effective measures to prevent such acts and shall regard the practice thereof, or participation therein, as a punishable offence. (AChHR, part 2: article 13a) As shown in example 2, there is no template term in the ST. Rather; there is either the demonstrative pronoun هذه (these – referring to a feminine plural noun) which is rendered into the archaic term ‘thereof’, hence through a ‘class shift’ of a pronoun to an adverb.

‘Therein’ is also used in the TT as an equivalent to the prepositional phrase اهيف (in them) thus a ‘structure shift’ (Catford, 1965:76) of an adverb in place of a phrase. 68 5.6 ANALYSIS OF ARCHAIC TERMS IN ENGLISH–ARABIC DOCUMENTS English archaic terms are considered part and parcel of English legal discourse. Rendition of these terms into Arabic varies; they are rendered into non- archaic Arabic terms or archaic template terms. To illustrate this point, some examples from the ChUN, an Account Opening Form and an English–Arabic Lease Agreement will be considered: Analysis of Arabic–English–Arabic texts: lexical level 103 Example 1 THIS LEASE AGREEMENT is made and entered into on _____ (day) of _____ (month), _____ (year), by and between ____________________________ hereinafter referred to as ‘Landlord’ and ____________________________, hereinafter referred to as ‘Tenant’.

(Lease Agreement Template) نم_____موي يف اذه راجيلإا دقع ررح __________ةنس_________رهش اميف هيلإ راشملا ) ________نم لك نيب (‘‘ كلاملا ” دقعلا اذه يف دعب يف دعب اميف هيلإ راشملا )_________نيبو (‘رجأتسملا ’ دقعلا اذه (author’s translation ) As the parallel example shows, ‘hereinafter’ is rendered as دعب اميف (later in the document).

‘Transposition’ of an adverb to a prepositional phrase is used but the translator added دقعلا اذه يف (in this contract). This addition can be justified as it helps in making the reference of the archaic term clearer in the TT. The translator added this phrase in most of the cases where there is a rendition of an archaic term as in the second example given below. ‘Herein’ is translated as ةدراولا (mentioned) with an addition of the phrase دقعلا اذه يف (in this contract) and ‘hereto’ is rendered as بجومب (as in) with an addition of دقعلا اذه يف (in this contract). Example 2 NOW, THEREFORE , in consideration of the covenants and obligations herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: (Lease Agreement Template) ةدراولا تامازتللااو تادهعتلل ارظنو ضوع لباقم كلذكو دقعلا اذه يف ىلع رارقلإا بجومبو ربتعم يدام نيفرطلا قافتا مت .هتيافكو لاصيلإا : يلي ام ىلع دقعلا اذه بجومب Example 3 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. (UDHR: article 30) زوجي صن نلاعلإا اذه يف سيل ةعامج وأ ةلودل لوخي هنأ ىلع هليوأت وأ طاشنب مايقلا يف قح يأ درف وأ قوقحلا مده ىلإ فدهي لمع ةيدأت .هيف ةدراولا تايرحلاو 104 Arabic–English–Arabic Legal Translation ‘Set forth’ occurs in the above example in combination with ‘herein’. These are rendered as هيف ةدراولا (mentioned in it). ‘Set forth’ is also rendered in a different way in other contexts:

in the ChUN (article 83:2), it is rendered as ةنيبملا (illustrated (mentioned)); in the UNHR (article 28), it is translated as اهيلع صوصنملا (mentioned). Other phrases such as ‘fore- going’ are rendered into ركذلا ةفلاس (pre- mentioned) in the ChUN, Article 77:2. Example 5 below gives the translation of ‘thereof’:

Example 5 So, in any one of such events, the Account will be debited for the value of the returned item, plus any charges thereof, whenever the same is returned, irrespective of the length of the time taken to return it. (Account Opening Form:

article 3.5.1) ،تلااحلا كلت نم يأ يف هناف كلذل ،داعملا دنبلا ةميق تلااحلا نم مصخيس ،هب قلعتت فيراصم ةيأ ىلا ةفاضلإاب نع رظنلا ضغب ،دنبلا كلذ داعي امثيح .هتداعلإ ةقرغتسملا ةدملا لوط As we see from example 5, the archaic term ‘thereof’ is rendered as the verbal phrase هب قلعتت (related to it) by following a ‘structure shift’ (Catford, 1965:76) where an adverb is replaced by a verbal phrase.

5.7 EXERCISES AND DISCUSSIONS Exercise 1: Do you agree with using ‘omission’ in the TT when rendering the ST terms and phrases referring to God?

Exercise 2: How can a translator deal with vague terms and/or structures? Discuss in small groups.

Exercise 3: Comment on the translation of the underlined terms in the following parallel examples:

Example 1 ىلع هقافنلإ . . . ل روكذملا غلبملا عفدي He pays the said sum to . . . so that he may فورعملاب . . . رصاقلا equitably provide for the legal minor. (Hatim, Shunnaq and Buckley, 1995:96–97) Example 2 – لقاعلا – غلابلا– – لجرلا – جوزلا The male spouse, a bachelor/married man of بزعلأا legal age and of sound mind: ةغلابلا – بيث /ركب – تنبلا – ةجوزلا – The female spouse, a virgin/non- virgin of ةلقاعلا legal age and of sound mind.

(Hatim, Shunnaq and Buckley, 1995:86–87) Analysis of Arabic–English–Arabic texts: lexical level 105 Example 3 اغلاب نيجوزلا نم لك نوكي نأ بجي و . . . و ةيعرشلا عناوملا نم ً اولخ ةررقملا نسلا نود امهادحإ جوزت و مكاحلا نم صاخ نذإ ىلع فقوتي .يعيبطلا غولبلا توبث دعب كلذ (Mansoor,1965a:299) Both spouses shall have attained the age of puberty and should be free of all legal impediments . . . The marriage of either who is below the said ages shall be subject to a special authorization by the judge, and that will be given upon proof of attainment of physical maturity. (Mansoor, 1965b:140) Exercise 4 :

1. Translate the underlined culture- specific and Shariʿah Law terms and phrases into English.

2. What are the procedures you used in translating these terms? Justify your choice.

3. Translate the whole document. Discuss and compare your translations in pairs.

ﺝ اوﺰلا دﻘﻋ ﻝ لاﺤﻧا :ﻊﺑارلا ب ﺎبلا ﻕ لاطلا :ﻝوﻷا لﺼﻔ لا :ﻥﻮﺛ لاﺜلاو ﺔعﺑارلا ةﺩﺎملا نم وأ تضوف وأ هب تلكو نإو ةجوزلا نم وأ جوزلا نم عاقيإب جاوزلا ديق عفر قلاطلا : ًلاو أ .ًاعرش هل ةصصخملا ةغيصلاب لاإ قلاطلا عقي لاو قلاطلا عاقيإ يفو ميكحتلاو يعامتجلإا ثحبلا تا ءارجإ يف ةلاكولاب دتعي لا : ًايناث :مهنايب يتلآا صاخشلأا قلا ﻃ عقي لا :ﻥﻮﺛ لاﺜلاو ﺔسﻣﺎﺨ لا ةﺩﺎملا ةئجافم ةبيصم وأ بضغ نم زييمتلا دقاف ناك نمو هركملاو هوتعملاو نونجملاو ناركسلا  .1 .ضرم وأ ربك وأ وأ ضرملا كلذ يف تام اذإ كلاهلا اهلثم يف بلغي ةلاح يف وأ توملا ضرم يف ضيرملا  .2 .هتجوز هثرتو ةلاحلا كلت :ﻥﻮﺛ لاﺜلاو ﺔسﺩﺎسلا ةﺩﺎملا .نيميلا ةغيصب لمعتسملا وأ طورشملا وأ زجنملا ريغ قلاطلا عقي لا :ﻥﻮﺛ لاﺜلاو ﺔعﺑﺎسلا ةﺩﺎملا .تاقل ﻃ ثلاث هتجوز ىلع جوزلا كلمي  .1 . ةدحاو لاإ عقي لا ةراشإ وأ ًاظفل ددعب نرتقملا قلاطلا  .2 . ىربك ةنونيب اهجوز نم نيبت تاقرفتم ًاثلاث ةقلطملا  .3 : ﻥﻮﺛ لاﺜلاو ﺔنﻣﺎﺜ لا ةﺩﺎملا امب ةعجرملا تبثتو دقع نود هنم اهتدع ءانثأ هتجوز ةعجارم جوزلل زاج ام وهو :يعجر  .1 .قلاطلا هب تبثي :نامسق وهو :نئاب  .2 . ديدج دقعب هتقلطمب جوزتلا جوزلل هيف زاج ام يهو – ىرغص ةنونيب –أ تاقرفتم ًاثلاث اهقل ﻃ يتلا هتقلطم نم جوزتلا جوزلا ىلع هيف مرح ام يهو – ىربك ةنونيب –ب .اهتدع تضمو 106 Arabic–English–Arabic Legal Translation :ﻥﻮﺛ لاﺜلاو ﺔعس ﺎتلا ةﺩﺎملا مكح لاصحتسإو هعاقيإ بلطي ةيعرشلا ةمكحملا يف ىوعدلا ميقي نأ قلاطلا دارأ نم ىلع  .1 .ةدعلا ةدم للاخ ةمكحملا يف قلاطلا ليجست هيلع بجو ةمكحملا ةعجارم هيلع رذعت اذإف هب .ةمكحملا نم اهلاطبإ نيح ىلإ ةربتعم جاوزلا ةجح ىقبت  .2 اهباصأ ةجوزلا نإو اهقلا ﻃ يف فسعتم جوزلا نأ ةمكحملل نيبتو هتجوز جوزلا قلﻃ اذإ .3 ةيداملا هتلاحو بسانتي ضيوعتب اهقلطم ىلع اهنم بلطب ةمكحملا مكحت ،كلذ ءارج نم ررض ةتباثلا اهقوقح ىلع ةولاع نيتنس ةدمل اهتقفن زواجتي لا نأ ىلع ،ةلمج ردقي ،هفسعت ةجردو ىرخلأا Exercise 5 :

1. Translate the English or Arabic terms, phrases and sentences as given in the table below, and mention the procedure of translation.

2. In pairs discuss your answers and the differences you may have. English Arabic his honesty, uprightness, eligibility and competence ةخسار ةديقع appointed and installed ىلاعت و هناحبس للهاب ناميا و legal guardian and competent spokesman بئاغلا دوقفملا his eligibility and honesty هتيلهأ و هتنامأ is below the legal age of maturity يتلوخدم و يتجوز in the interests and in the benefit of . . . يحاكن دقع و يتمصع I have given you my daughter in marriage يرايتخا و يعوطب I accept your daughter in marriage ةيلقعلا ياوقب عتمتم و ً اشوهدم تسل انأ و funds and assets هريغ بيني وأ لكوي Exercise 6 :

1.

Translate the following passage into English.

2. What are the procedures you used in translating the Shariʿah Law and culture- specific terms?

3. Discuss your translations in small groups. زوشن ىوعد ً ايعرش ً انكسم اهل دعأ دقو هتمصع يف لازتلاو / / خيراتب ةيمسر جاوز دقع ةقيثو بجومب اهدض ردصتساف يعرش قح هجو نودب تعنتماف نكسملا اذهب هتعاط يف لوخدلل اهاعدو دقو ىوعدلا كلت ةفيحصب حضوملا نكسملاب هتعاط يف اهلوخدب ىوعدلا يف امكح / / خيراتب مكحلا دييأتب / / خيراتب اهيف ىضقو مقر ىوعدلا يف فانئتسلااب مكحلا اذه ىلع تنعط نع عانتملاا ىلع ترصا اهنكلو مكحلل ةيذيفنتلا ةغيصلاب اهنلاعإب بلاطلا ماقو فنأتسملا ءاضقلل ىوعدلا ةماقا ىلا هب ادح ىذلا رملأا يعرش قح هجو نودب هتعاط يف لوخدلا .هتابلطب Analysis of Arabic–English–Arabic texts: lexical level 107 Exercise 7:

1.

Compare the English Marriage Certificate in Text A below and the Arabic Marriage Contract in Text B in terms of layout.

2. List the main Shariʿah Law terms in Text A; compare the drafting of these terms to the drafting of similar terms in Text B.

3. Translate Text A into Arabic, and Text B into English.

4. What are the difficult areas you faced, and what are the procedures you used to render these areas? Discuss your translations in small groups.

Text A In the name of Allah, the most Beneficent, the most Merciful ‘The stipulations that deserve the highest priority that you fulfil are those through which you make marital relations lawful’ (Bukhari) Muslim Marriage Certificate Serial No.:

Praise be to Allah, the Lord of the Worlds and salutations be upon His messenger Muhammad (peace and blessings be upon him), his family and his Companions.

With help and success granted by Allah, after confirming that neither contracting party has no legal or other impediments and with ijab (proposal) and qabul (acceptance):

The nikah (Muslim marriage) contract has been concluded between the bridegroom and bride, as per terms and conditions listed overleaf:

Bridegroom’s full name: . . . . . . . . . . . . . . . . . .

Date of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nationality/ies: . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Place of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of Bridegroom: unmarried / divorced / widowed Bride’s full name: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nationality/ies: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Place of birth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of Bride: unmarried / divorced / widowed Amount of mahr: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The mu’ajjal (immediate/prompt) amount: . . . . . . . . . . . . . . . . . . . . ./ The mu’wajjal (deferred) amount: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CIVIL MARRIAGE Reg. No.: . . . . . . . . . . . . . . . . . . . . .

Date: . . . . . . . . . . . . . . . . . . . . . . . . . .

District: . . . . . . . . . . . . . . . . . . . . . . 108 Arabic–English–Arabic Legal Translation Whether any property was given in lieu of the whole or any portion of the mahr with specification of the same and its valuation agreed between the parties: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In the presence of two witnesses : • First witness’s name and address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .

Date of birth: . . . . . . . . . . . . . . . . . . . . . . . . . .Nationality: . . . . . . . . . . . . . . . . . . . .

Relationship with bride/groom: . . . . . . . . . . . . . . . . . . . . .

• Second witness’s name and address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of birth: . . . . . . . . . . . . . . . . . . . . . . . . . .Nationality: . . . . . . . . . . . . Relationship with bride/groom: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The bride and bridegroom undertake to act properly toward each other in their marital life and in particular as per terms and conditions listed overleaf. Praise and thanks be to Allah.

The nikah (Muslim Marriage) ceremony was held at . . . . . . . . . . . . . . . on the . . . . . . . . .

day of . . . . . . . . . . . . . . . 14 . . . . . . (Hijri). Coinciding with . . . . . . . . . . . . . . . .20. . . . .

We, the undersigned, put our signature to this contract, being of sound mind and without compulsion or duress.

Bridegroom’s signature Bride’s signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

First witness Second witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of Imam/Qadi & stamp Name of Imam/Qadi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address of associated organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note: For a Muslim marriage to be recognised in British law it must be held at a mosque registered as a place for the solemnisation of marriage, otherwise the civil ceremony must take place at a registry office first before the nikah (Muslim marriage) ceremony.

Terms and conditions of the Muslim marriage contract:

Definitions:

Nikah – The Muslim contract of marriage; Mahr – prescribed amount (cash/kind, immediate or deferred) given by the bride- groom to the bride in consideration of the marriage; Witness – two adult witnesses of good character; Ijab/qabul – formal marriage proposal and acceptance; Husband/wife – bridegroom/bride after marriage contract; Talaq al- tafwid – delegation of the husband’s power of talaq (divorce) to the wife.

© The Muslim Institute, London, 2008 Analysis of Arabic–English–Arabic texts: lexical level 109 Text B نﻴيﺩﻮعسلل ح ﺎكﻧ دﻘﻋ . . هدعب يبن لا نم ىلع ملاسلاو ةلاصلاو هدحو لله دمحلا :- دعب امأ 422 مقرب لدعلا ريزو نم كلذب يل حرصملا ةكمــب (ةحكنلأا دوقع نوذأم ) .......... :انأ يدلف . . . . . . . . . . . : (يصولا / ليكولا / يعابرلا يلولا مسا )رضح ـه 5241/5/01 خيراتو . . . . . . . . . . . : مقر لاوحأ ةقاطب بجومب . . . . . . . . . . . : (ماقرأ ةرشع ) يدوعسلا ريغ يلولل ةماقلإا وأ يندملا لجسلا مقر اركب تناك نإ بيثلا ىلع بطشت ) بيثلا/ركبلا يلو هتفصب ةكم نم رداصلا يلولل ةيوهلا خيرات . . . . . . . . . . . : (ابيث تناك ول سكعلاو (ةيسنجلا ةيدوعس ) . . . . . . . . . . . : ةجوزلا مسا تناك نإ ةيندملا لاوحلأا ةقاطب وأ اهيف ةفاضملا ةلئاعلا تركب دوجوملا يندملا لجسلا مقر بجومب ........ : (هتقاطب يف امك جوزلا مسا ) هعم رضاحلا نم اهيلع حاكنلا دقع بلطو ةلقتسم ةقاطب اهيدل ( ةيسنجلا يدوعس ) . ةكم نم رداصلا . . . . . . . . . . . : ةيوهلا خيرات . . . . . . . . . . . : مقر لاوحأ ةقاطب بجومب . . . . . . . . . . . : (رخؤملا مكو ملسملا مكو ) قادصلا . . . . . . . . . . . : ً امارح لحأ وأ لألاح مرح ً اطرش لأإ اهيلع قفتملا نيفرطلا لاك نم ةلماك طورشلا فيرعتلل رضحو . . . . . . . . . . . : (جوزلا مسا ) نم جاوزلا ىلع ةروكذملا ةأرملا تقفاو دقو :نم لك ةداهشلاو (ةيسنجلا يدوعس ) ،عورفلا وأ لوصلأا نم نوكي لاو . . . . . . . . . . . : لولأا دهاشلا رداصلا . . . . . . . . . . . : ةيوهلا خيرات و ةيوهلا مقر . . . . . . . . . . . : مقر لاوحأ ةقاطب بجومب .ةكم نم ةقاطب بجومب (يدوعس ريغ نوكي نأ نكميو يدوعس ) . . . . . . . . . . . : يناثلا دهاشلا مسا و .ةكم نم رداصلا . . . . . . . . . . : ةيوهلا خيرات و ةيوهلا مقر . . . . . . . . . . . : مقر لاوحأ نم باجيإب نيروكذملا نيب حاكنلا دقع تيرجأ هعناوم ءافتناو هطورشو حاكنلا ناكرأ رفوتلو ةبحصو هلآو دمحم انيبن ىلع ملسو الله ىلصو ـه 10/2/1429 يف ررح ، جوزلا نم لوبقو يلولا . .ملسو . . . . . . . . . . . . . . . . . . . . . : يلولا عيقوتو مسا . . . . . . . . . . . . . . . . . . . . . : جوزلا عيقوت عيقوتو مسا . . . . . . . . . . . . . . . . . . . . . : ةمصبلا وأ ةجوزلا عيقوتو مسا . . . . . . . . . . . . . . . . . . . . . : لولأا دهاشلا عيقوتو مسا . . . . . . . . . . . . . . . . . . . . . : يناثلا دهاشلا عيقوتو مسا Exercise 7 :

1. Look at the table below. Write down the procedure used for translating the religious and culture- specific elements.

2. What are the problems of translating these elements (mistranslations, justified and unjustified omissions and additions)?

3. Retranslate the ST and list the procedures you used in rendering it.

4. In pairs, discuss the difficult elements in translating the ST.

5. Compare your translations and list the common procedures you used. 110 Arabic–English–Arabic Legal Translation Arabic (ST)English (TT) قح – يملاسلإا هراطإب – جاوزلا (أ) ءانبل يعرشلا قيرطلا وهو ،ناسنإ لكل :سفنلا فافعاو ،ةيرذلا باجنإو ةرسلأا نم مكقلخ يذلا مكبر اوقتا سانلا اهيأي ” ثبو اهجوز اهنم قلخو ةدحاو سفن . (1 :ءاسنلا ) “ءاسنو اريثك لااجر امهنم هلو هيلع – رخلآا لبق نيجوزلا نم لكل اهتررق ةئفاكتم تابجاوو قوقح – نهيلع يذلا لثم نهلو ” “ةعيرشلا “ةجرد نهيلع لاجرللو فورعملاب :هدلاوأ ةيبرت بلألو ، (228 :ةرقبلا ) هتديقعل ً اقفو ، ً اينيد و ، ً ايقلخ و ، ً ايندب هرايتخا نع لوئسم وهو ،هتعيرشو عار مكلك ” :اهايإ مهيلوي يتلا ةهجولا هاور) “هتيعر نع لوئسم مكلكو . ةسمخلا) a) Every person is entitled to marry, to found a family and to bring up children in conformity with his religion, traditions and culture. Every spouse is entitled to such rights and privileges and carries such obligations as are stipulated by the Law. – رخلآا لبق – نيجوزلا نم لكل (ب) ،هرعاشم ريدقتو ،همارتحا قح :محارتلاو داوتلا نم راطإ يف ،هفورظو مكسفنأ نم مكل قلخ نأ هتايآ نمو ” ةدوم مكنيب لعجو اهيلإ اونكستل اجاوزأ . (21 :مورلا ) “ةمحرو b) Each of the partners in a marriage is entitled to respect and consideration from the other. هتجوز ىلع قفني نأ جوزلا ىلع (ج) وذ قفنيل ” :مهيلع ريتقت نود هدلاوأو هقزر هيلع ردق نمو هتعس نم ةعس . (7 :قلاطلا ) “الله هاتآ امم قفنيلف c) Every husband is obligated to maintain his wife and children according to his means. ناسحإ قح هيوبأ ىلع لفط لكل (د) بر لقو ” :هبيدأتو ،هميلعتو ،هتيبرت “اريغص ينايبر امك امهمحرا ليغشت زوجي لاو ، (24 :ءارسلإا ) نم مهليمحت لاو ،ةركاب نس يف لافطلأا وأ مهومن قوعي وأ ،مهقهري ام لامعلأا بعللا يف مهقح نيبو مهنيب لوحي .ملعتلاو d) Every child has the right to be maintained and properly brought up by its parents, it being forbidden that children are made to work at an early age or that any burden is put on them which would arrest or harm their natural development. ءافولا نع لفطلا ادلاو زجع اذإ (ـه) هذه تلقتنا ،هوحن امهتيلوئسمب تاقفن نوكتو ،عمتجملا ىلإ ةيلوئسملا ةنازخلا – نيملسملا لام تيب يف لفطلا نمؤم لكب ىلوأ انأ ” : ةلودلل ةماعلا ةعيض وأ انيد كرت نمف ،هسفن نم مهيلع ىشخي افاعض ةيرذ يأ :ةعيض ] لاام كرت نمو ،يلعف [عايضلا دواد وبأو ناخيشلا هاور ) “هتثرولف . (يذمرتلاو e) If parents are for some reason unable to discharge their obligations towards a child it becomes the responsibility of the community to fulfill these obligations at public expense. نم ةصاخ ةياعر يف قح ةموملأل (ز) سانلا قحأ نم :الله لوسر اي ” :ةرسلأا لاق كمأ :لاق ؟يتباحص نسحب مث :لاق ،كمأ :لاق ؟نم مث :

(لئاسلا “كوبأ :لاق ؟نم مث :لاق :كمأ :لاق :نم . (ناخيشلا هاور ) g) Motherhood is entitled to special respect, care and assistance on the part of the family and the public organs of the community (Ummah). Analysis of Arabic–English–Arabic texts: lexical level 111 Exercise 8 : Translate the following excerpts into Arabic:

Exchange of ring words ‘I give you this ring as a sign of our partnership, and as a symbol of our friendship and loyalty. I promise to love, respect and care for you, through good times and bad, completely and forever.’ ‘I give you this ring as a token of my devotion and of my love for you . . . Accept this ring as a sign of our commitment, and my promise that I will care for and love you always.’ ‘I promise to love, honour and respect you and be true to you always. I will be loving, faithful and loyal to you in our life together.’ ‘I give you this ring as a symbol of my love and as evidence of the vows we have made together. May it forever signify the love we have for each other.’ Exercise 9 :

1. Translate the following excerpt into Arabic.

2. What are the procedures you used to translate culture- specific terms?

3. Do you agree with using the technique of adaptation in translating culture- specific and system- based terms into Arabic? Give reasons and examples to support your answers.

The Court establishes that the position of partners in registered same- sex partnerships is in its essential factual and legal aspects comparable with the position of spouses as regards the right to inheritance from a deceased partner. The differences in the regu- lation of inheritance between spouses and between partners in registered same- sex partnerships are therefore not based on any objective, non- personal circumstance, but on sexual orientation. Until the established inconsistency is remedied, the same rules apply for inheritance between partners in registered same- sex partnerships as apply for inheritance between spouses in accordance with the Inheritance Act.16. (A/HRC/ WG.6/7/SVN/1: article 20) Exercise 10 :

1. Translate the underlined terms and phrases into Arabic.

2. Summarize the text into Arabic. 112 Arabic–English–Arabic Legal Translation PRIORITIES:

UNESCO shall accord priority to Africa and to gender equality in all its fields of competence throughout the duration of the Medium-Term Strategy. Moreover, specific interventions will be envisaged for the following priority groups and groups of countries:

• youth, in particular addressing youth violence and other issues affecting the welfare of youth around the world, especially the needs of youth in rural areas and marginalized groups as well as of unemployed youth; • the least developed countries (LDCs), in line with the results of the September 2006 High-Level Meeting on Review of the Brussels Programme of Action; and • the small island developing states (SIDS) in line with the Mauritius Declaration and the Mauritius Strategy, developing a holistic and interdisciplinary approach and bearing in mind the latest report of the Intergovernmental Panel on Climate Change ‘Climate Change 2007: Impacts, Adaptation and Vulnerability ’ (13 April 2007) Exercise 11 :

1. Translate the following two texts into English.

2. What are the difficulties in translating them?

3. Discuss the procedures of translating the two texts (for example doublets, archaic terms, modal expressions, etc) Text A ﻡاﺰتلاو رار ﻗإ . . . . . . . . . . . . . . . . . . . . . . . . . . : مقر ةيوه . . . . . . . . . . . . . . . . . . . . .: هاندأ عقوملا انأ رقأ يلاتلاب :. . . . . . . . . . . . . . . . . . . . . : ةكرش نع لاثمم يتفصب ةماع طورش نم 0102 42 مقر حورطملا ءاطعلا قئاثوب درو ام ةفاك تمهفتو تأرق يننأب  .1 .تافصاوملاو طورشلا كلتب ً اينوناق ً امازتلا مزتلأو تافصاومو ةصاخو نوتس ةدمل هنع عوجرلا يل زوجي لاو لوعفملا يراس ينم مدقملا ضرعلا ىقبي نأب مزتلأ امك  .2 .ضورعلا ميدقتل دعوم رخآ خيرات نم ً اموي نم اهبلط متي يتلاو هلاعأ روكذملا ءاطعلا بجومب ىلع ةلاحملا فانصلأا ديروتب مزتلأ كلذكو  .3 نوكت نأ ىلع ديروتلا رماوأ ملاتساو دقعلا عيقوت خيرات نم كلذو رهش للاخ ةحصلا ةرازو لبق .ءاطعلا اذه يف اهيلع صوصنملا طورشلاو تافصاوملل ا ً قفو يلبق نم ةدروملا فانصلأا كلت .هاركإ وأ طغض يأ نود هب درو ام لكب مزتلأو رقأ كلذب ينم دهعتو رارقإ اذهو Analysis of Arabic–English–Arabic texts: lexical level 113 Text B: نأشب ___ مقر ءاطعلا حرطب ماق هلاعأ ةروكذملا هتفصب لولأا فرطلا نأ ثيح :قافتلاا ةمدقم ًايمسر ةصخرم ةكرش يناثلا فرطلا نأ ثيحو ةحصلا ةرازو حلاصل مويليهلا زاغ ديروت فرطلا نأ ثيحو هلاعأ حورطملا ءاطعلاب كارتشلااب تماق ُ و اينف ةلهؤمو لاجملا اذهب ةصتخمو ءاطعلا ةلاحإب ماق لولأا صخرلأا هنوك يناثلا فرطلا ىلع ديروتب صاخلا مقر دنبلا ةيرست متو ةئزجتلاب . . . . –: طورشلا نم يلي ام ىلع لوبقو باجيإبو ةرح ةدارإب نافرطلا قفتا دقف اذل امهنيب فلاخ يأ ثودح ةلاح يفو هلاعأر ك ُ ذ امع لوكنلا فارطلأا نم فرط يلأ زوجي لا ا ً قفو هيف لصفلا متي لاإو ةيدولا قرطلاب هلح متي هلاعأ ةروكذملا دونبلا نم دنب يأ ريسفت لوح قافتلاا مت اذه ىلعو ،ةينيطسلفلا ةينطولا ةطلسلا قطانم يف اهب لومعملا ةمظنلأاو نيناوقلل .امهنم لكل ةخسن تملسو دقعلا فرط لبق نم لوصلأا بسح عيقوتلاو Exercise 12 :

1. Translate the following passage into English.

2. What are the difficulties in translating it?

3. What are the procedures used in translating religious references and culture- specific terms and phrases? ﺔيﺩﻮعسلا ﺔﻴﺑ رعلا ﺔكلمملا ر ﻮتس ﺩ ةيدوعسلا ةيبرعلا ةكلمملا كلم دوعس لآ زيزعلا دبع نب دهف نحن :ىلاعت الله نوعب يف ةبغرو تلااجملا فلتخم يف ةلودلا روطتل ً ارظنو ةماعلا ةحلصملا هيضتقت ام ىلع ءانب .اهيلإ ىعسن يتلا فادهلأا قيقحت :تآ وه امب انرمأ .ةقفرملا ةغيصلاب مكحلل يساسلأا ماظنلا رادصإ – ً لاوأ ىتح ماظنلا اذه ذافن دنع اهب لومعملا تارارقلاو رماولأاو ةمظنلأا لكب لمعلا رمتسي – ً ايناث .هعم قفتي امب لدعت ﻝوﻷا ب ﺎبلا ﺔﻣﺎ علا ئ ﺩﺎبملا ١ ة ﺩﺎملا باتك اهروتسدو ملاسلإا اهنيد ؛ ةمات ةدايس تاذ ةيملاسإ ةيبرع ةلود ةيدوعسلا ةيبرعلا ةكلمملا .ضايرلا ةنيدم اهتمصاعو .ةيبرعلا ةغللا يه اهتغلو هلوسر ةنسو ىلاعت الله . . . يﻧﺎﺜلا ب ﺎبلا مك ﺤلا ﻡﺎظﻧ ٥ ة ﺩﺎملا .يكلم . . . ةيدوعسلا ةيبرعلا ةكلمملا يف مكحلا ماظن –أ ءانبأو دوعس لآ لصيفلا نمحرلا دبع نب زيزعلا دبع سسؤملا كلملا ءانبأ يف مكحلا نوكي –ب .هلوسرو ةنسو ىلاعت الله باتك ىلع مكحلل مهنم حلصلأا عيابيو …ءانبلأا .يكلم رمأب هيفعيو . .دهعلا يلو كلملا راتخي –ج (continued ) 114 Arabic–English–Arabic Legal Translation. لامعأ نم كلملا هب هفلكي امو . .دهعلا ةيلاول ً اغرفتم دهعلا يلو ىلوتي –د .ةعيبلا متت ىتح هتافو دنع كلملا تاطلس دهعلا يلو ىلوتي – ه ٦ ة ﺩﺎملا رسعلا يف ةعاطلاو عمسلا ىلعو هلوسر ةنسو ىلاعت الله باتك ىلع كلملا نونطاوملا عيابي .هركملاو طشنملاو رسيلاو ٧ ة ﺩﺎملا امهو هلوسر ةنسو ىلاعت الله باتك نم هتطلس ةيدوعسلا ةيبرعلا ةكلمملا يف مكحلا دمتسي .ةلودلا ةمظنأ عيمجو ماظنلا اذه ىلع نامكاحلا ٨ ة ﺩﺎملا ةعيرشلا قفو ةاواسملاو ىروشلاو لدعلا ساسأ ىلع ةيدوعسلا ةيبرعلا ةكلمملا يف مكحلا موقي .ةيملاسلإا ثل ﺎﺜلا ب ﺎبلا ي ﺩﻮعسلا ﻊمتجملا ت ﺎﻣﻮﻘﻣ ٩ ة ﺩﺎملا هيضتقت امو ةيملاسلإا ةديقعلا ساسأ ىلع اهدارفأ ىبريو .يدوعسلا عمتجملا ةاون يه ةرسلأا نطولا بحو هذيفنتو ماظنلا مارتحاو . .رملأا يلولأو هلوسرلو لله ةعاطلاو ءلاولا نم .ديجملا هخيراتبو هب زازتعلااو ١٠ ة ﺩﺎملا ةياعرو ةيملاسلإاو ةيبرعلا اهميق ىلع ظافحلاو ةرسلأا رصاوأ قيثوت ىلع ةلودلا صرحت .مهتاردقو مهتاكلم ةيمنتل ةبسانملا فورظلا ريفوتو اهدارفأ عيمج ١١ ة ﺩﺎملا ىوقتلاو ربلا ىلع مهنواعتو الله لبحب هدارفأ ماصتعا نم ساسأ ىلع يدوعسلا عمتجملا موقي .مهقرفت مدعو مهنيب اميف لفاكتلاو ١٢ ة ﺩﺎملا .ماسقنلااو ةنتفلاو ةقرفلل يدؤي ام لك ةلودلا عنمتو بجاو ةينطولا ةدحولا زيزعت Exercise 13 : Compare between the Arabic ST and its parallel English TT in Text A and Text B below:

1.

Comment on the features and drafting of the ST.

2. What are the procedures used in translating religious elements and elaborate formal expressions?

3. Do you agree with these procedures? If not mention why and suggest others.

Text A م2012/11/19: خيراتلا 16 دلجم /13/1/ ص ق ه:ةرمنلا . . . . . . . : روتكدلا ميركلا يخأ ةد ﺤتملا م ﻣلأل ﺔعﺑﺎتلا ﺔﻴﻘ يرف ﻷا و ﺔيﺩﺎﺼ تﻗلإا ﺔنجلل يذ ﻴﻔنتلا ر ﻴتركسلا هتياعر و الله ظفح يف متمد و ، ةبيط ةكرابم الله دنع نم ةيحت (continued ) Analysis of Arabic–English–Arabic texts: lexical level 115 لك و ، . . . ةيروهمجلا ةسائر نوئش ريزو/ديسلا ريدقت و ركش كتدايسل لقنأ ءدبلا يف ميرك و انترايزب مكمامتها و مكتوافح و مكئاقل نسح ىلع صاخلا يركش و ةئيهلاب نيلماعلا ريبك مك اهللاخ نم لقنن ،نواعت ةمأوت ،ةرماعلا مكتسسؤم و ةقادصلا ةعاق نيب نوكيل مكبواجت .اهعورف و اهتحنجأ فلتخمب تارمتؤملا ةرادلإ ةيلمع تاينقتب ةجوزمم مكتربخ نم ،روتكدلا خلأا ةداعس رداوكلا بيردتل حامسلا و قيدصتلاب مكلضفت ميرك وجرأ ، ةبيطلا ةقلاعلا هذهل ً ارامثتسا :ةيتلأا تاصصختلا قفو رغاوشلل ةقادصلا ةعاقل ةماعلا ةئيهلل ةيرشبلا .ناترغاش ةماعلا ةرادلإا : ً لاوأ .رغاوش ةعبرأ جيورتلا و قيوستلا و ةيلاملا ةرادلإا : ً ايناث .ناترغاش ةينويزفلتلا ةرئادلا : ً اثلاث .ناترغاش ةيفاقثلا ةرئادلا : ً اعبار .رغاوش ةعبرأ ةفايضلا و ةقدنفلا : ً اسماخ لك نأ بسحن و ةقفاوملا دجن نأ نيقي ىلع انأ و ،ريخلا لك مكنع عمسأ نأ وجرأ ميركلا يخأ يف ءادلأا ريوطتب عفدت و معدت ،ةريبك ةلقن مكربع و انل اولقنيس مكفرطب بيردتلل نيثوعبملا مكتربخ ليمج مكنع اولقني و ،مكعينص نسح مكل نوظفحي ،مكنع ءارفس اونوكيس و ،اندلاب .زيزعلا نطولا اذهل ً ارخذ متمد و ءازجلا ريخ انع الله مكازج ، ، ،قيفوتلا للهاب و © from one of the correspondences to the UN Economic Commission for Africa Text B No. EOM/1/31/Vol. 16 Date: 19/11/2012 To: His Excellency Dr.

Deputy Executive Secretary, United Nations Economic Commission for Africa Dear Sir, Allow me at the outset to convey to you the compliments of H.E. the Minister for Presidential Affairs, in charge of the general oversight of the Friendship Hall Corporation (FHC), my own compliments as well as those of the entire staff of the FHC, for the warm welcome we have received during our delegation’s visit to the UNECA premises and Conference Centre facilities. We look forward to an exemplary and fruitful relationship between our two institutions, which would enable the FHC to benefit from the accumulated experience and technical expertise of UNECA in the various fields pertaining to conference management.

We would like to take this opportunity to express in concrete terms the training needs of the FHC and we are hopeful that UNECA, under your guidance and direction, would be in a position to facilitate the provision of training for the FHC staff in the following departments: (continued ) (continued) 116 Arabic–English–Arabic Legal Translation 1.

Department of Administration: two staff members.

2. Finance and Marketing Department: four staff members.

3. TV broadcasting: two staff members.

4. Cultural Department: two staff members.

5. Hotel and Hospitality Department: four staff members.

We would very much appreciate if the required training is provided as it would go a long way in improving the efficiency of the FHC service delivery and hence increase the overall capacity of our country in hosting and organizing conferences.

© from one of the correspondences to the UN Economic Commission for Africa Exercise 14 : Comment on the procedures of translating religious items in the table below.

Then compare these strategies to those used in exercise 13 above. ST TT ميحرلا نمحرلا الله مسب :ماركلا ءاقدصلأاو ةوخلأا اهيأ ،،، هتاكربو الله ةمحرو مكيلع ملاسلا ةوعدلا ةيبلت ىلع مكركشأ نأ ينرسي مكب ب ّ حرأ نأو ، يخيراتلا ءاقللا اذهل – نيفيرشلا نيمرحلا مداخ يخأ مساب يف يدوعسلا بعشلاو – الله هظفحي نطوم ، ةيدوعسلا ةيبرعلا ةكلمملا ةوعدلا تقلطنا ثيح ، ملاسلاو ملاسلإا رشبلا نيب ةقادصلاو ةاواسملا ىلإ سانلا اهيأ اي ) : ىلاعت هلوق يف نيعمجأ مكانلعجو ىثنأو ركذ نم مكانقلخ ا ّ نإ نإ اوفراعتل لئابقو ا ًبوعش .

(مكاقتأ الله دنع مكمركأ يتلا يه ةدلاخلا ةينابرلا ةوعدلا هذه نإ نيد ، يقيقحلا ملاسلإا حور لثمت . . . ةنسحلا ةظعوملاو ةمكحلا نكمي لا باهرلإا رطخ نأ فرعأ يننإ دض انبرح نأو ، ةليلو موي نيب لوزي نأ نأو ، ةليوطو ةريرم نوكتس باهرلإا قاض امل ّ ك ا ً فنعو ةسارش دادزي باهرلإا .هيلع قانخلا ةجيتنلا نم ً امامت للهاب قثاو يننأ لاإ ةبحملا ىوق راصتنا يهو ةيئاهنلا دقحلا ىوق ىلع ملاسلاو حماستلاو هنإ ، ىلاعت هنوعب ،مارجلإاو ّ فرطتلاو .ريصنلا معنو ىلوملا معن . . . ،،، . . . مكل ً اركشو .هتاكربو الله ةمحرو مكيلع ملاسلاو In the Name of God, Most Compassionate, Most Merciful.

My Dear Brothers and Friends:

May God’s peace, mercy and blessings be upon you.

It is my pleasure to thank you for accepting the invitation to participate in this historic gathering, and to welcome you, on behalf of my brother, the Custodian of the Two Holy Mosques – may God protect him – and on behalf of the Saudi people, to the Kingdom of Saudi Arabia, the land of peace and Islam, from which an eternal message of equality and friendship between all people was launched.

In the words of the Almighty: “O Mankind, we have created you from a male and female and made you into nations and tribes that you may know one another. Verily, the most honorable of you before God is the one who is most pious.” This eternal call from Almighty God represents the true spirit of Islam, a religion of peace, wisdom and righteousness . . .

I realize that the danger of terrorism cannot be eliminated overnight, and that our war against terrorism will be long and difficult and that terrorism is becoming increasingly violent and vicious as we tighten the noose around it. But I am fully confident – God willing – that the final outcome will be a resounding victory for the forces of moderation, tolerance and peace against the forces of hatred, extremism, and crime – with the help of God Almighty, the ultimate supporter and protector.

Thank you, and may God’s peace, mercy, and blessings be upon you. (continued) Analysis of Arabic–English–Arabic texts: lexical level 117 Exercise 15: Translate the contents of the following table into English.

1. What are the difficulties in translating it?

2. What are the procedures you used to deal with them? : ﺔﺛلاﺜلا ن ﻴﻣأتلا ﺔمظ ﻧأ ن ﻴﺑ هب ﺸلا هجوأو فلاتخ ﻻا هجوأ ن ﻴﻣأتلا ﻡﺎظﻧ ير ﺎجتلا يد ﻴلﻘتلا ي ﻧوﺎعتلا ﻡﺎظنلا ي ﻣلاس ﻻا يلف ﺎكتلا ﻡﺎظنلا ع ﻮضﻮملا هنم دصقي يراجت .حبرلا ةعفنم .ةلدابتم .نواعتلا دصقب عربت ةمدختسملا دوقعلا تاضيوعتلا عفد نم فيراصملاو طلتخملا قودنصلا . (لام سأرو طاسق ٴ ا ) فيراصملاو تابلاطملا عفد يفو تاكارتشلاا قودنص نم تاكارتشا بلطي زجعلا ةلاح .نيكراشملا نم ةيفاضا تاضيوعتلا عفد قودنص نم فيراصملاو ضرقلا نم وأ لفاكتلا زجع ةلاح يف نسحلا .قودنصلا نـ ّ مؤملا ةيلوؤسم (ةكرشلا ) .طاسقلأا عفد ةيساسلاا تاكارتشلاا عفد .موزللا دنع ةيفاضلااو .تاكارتشلاا عفد ةلمح ةيلوؤسم قئاثولا نيمهاسملا لام سأر .طاسقلأاو .نيسسؤملا تاكارتشا قئاثو ةلمح تاكارتشا .لفاكتلامدختسملا لاملا سأر تاضيوعتلا عفد يف دويق دجوي لا .ةيعرش .ةيعرش دويق دجويلا ةعيرشلا ماكحأب ديقم .ةيملاسٕ لاا راــمـثـتسلاا دحاو باسح دجوي سأرل طلتخم طقف .طاسقلأاو لاملا وه طقفدحاو باسح دجوي .نيكراشملا باسح (نيقودنص )نيباسح دجوي .قئاثولا ةلمح باسح يف نيمهاسملا باسح .ةكرشلا ةيلخادلا تاباسحلا حبر ربتعي .نيمهاسملل عزويو نيكراشملا قح نم .مهيلعداعيو قئاثولا ةلمح قح نم .مهيلع هعيزوت ينيمأتلا ضئافلا رامثتسا دئاوعو تاكارتشلاا 6 Analysis of Arabic–English– Arabic texts: the syntactic level 6.1 INTRODUCTION This chapter investigates the translation of modal auxiliaries and passivization. The first part is concerned with the analysis of English modal auxiliaries (‘shall’, ‘may’ and other less frequent modals) and Arabic modal expressions زوجي (may/it is allowed), زوجي لا (it is not permissible). The second part will investigate the translation of passive forms from English into Arabic and vice versa. The analysis will be in two phases, the first of which is a tabulated quantitative frequency analysis of the techniques used in translating the element under investigation. The second phase is a qualitative critical analysis, the aim of which is to critically reflect on and criticize some of the examples given and attempt to provide some solutions wherever possible.

6.2 ANALYSIS OF MODAL AUXILIARIES IN ENGLISH–ARABIC DOCUMENTS This section analyzes the translation of modal auxiliaries in the ChUN. We will first give a frequency analysis of obligation and possibility modals based on a parallel alignment table.

Section 6.2.2 deals with a critical analysis of some of the examples. 6.2.1 Quantitative analysis of modal auxiliaries in English–Arabic documents Table 6.1 represents a frequency analysis of possibility and obligation modals in the ChUN followed by a figure clarifying these percentages.

As the table shows, deontic modals occur in combination with either the active or the passive. ‘Shall’ is the most frequent modal auxiliary representing 62.93%; ‘may’ is the second most frequent modal (29.96%). The remaining 7% is divided between ‘might’, ‘will’, ‘should’, ‘must’, ‘is to’ and ‘is likely to’. The data can be illustrated in Figure 6.1. It is of value to our analysis to look at the different types of Arabic modal expressions and/or particles that have been used as translations for the modals given in the previous table. The number of the modal phrases and expressions used in the Arabic parallel version of the ChUN is less than half the number of modal auxiliaries used in the English version.

Many English modal auxiliaries are rendered into Arabic as normal verbs in the imperfect tense, for example verbs used for the translation of ‘shall’. Analysis of Arabic–English–Arabic texts: syntactic level 119 Table 6.1 Frequency analysis of English–Arabic modal auxiliaries in the ChUN Modal type Number of occurrences Proportion of modal type found (%) Shall + Active 11844.1962.93 Shall + Passive 50 18.74 May + Active 62 23.2229.96 May + Passive 18 06.74 Might + Active 3 01.131.13 Might + Passive 0 0 Will + Active 5 01.873.00 Will + Passive 3 01.13 Should + Active 2 0.741.11 Should + Passive 1 0.37 Must + Active 0 00.37 Must + Passive 1 0.37 Is to + Active 0 00.37 Is to + Passive 1 0.37 Is likely to 3 01.13 1.13 Total 267 100.00 100.00 Figure 6.1 Frequency analysis of English–Arabic modal auxiliaries in the ChUN. In Table 6.2, nearly half of the overall percentage (46.09%) of the modal expressions used in the document is for the preposition ِل (for) plus the infinitive clause initiated by نأ (that) in the positive and negative form. The positive verb of possibility ( زوجي – it is allowed) and its negative form ( زوجي لا – it is not allowed) come in second place (15.65%), yet the affirmative form is much more frequent than the negative form (11.30%). In third place comes دق (may), a particle of possibility (13.04%). The modal verb of necessity, بجي (it is compulsory (must)) comes in fourth place (12.17%) whereas its negative form does not 50 45 40 35 30 25 20 15 10 5 o Percentage 120 Arabic–English–Arabic Legal Translation Table 6.2 Frequency analysis of modal expressions in the Arabic translation of English modals in the ChUN Modal type Number of occurrences Proportion of modal type found (%) نأ . . .

ِ ل 44 38.26 46.09 نأ . . .

ِ ل سيل 9 07.83 زوجي 13 11.30 15.65 زوجي لا 504.35 بجي 14 12.17 12.17 بجي لا 00 يغبني 302.61 02.61 يغبني لا 00 دق 1513.04 13.04 نأ . . . ىلع 504.35 04.35 امبسح / ام بسحب 302.61 02.61 نأش نم 201.74 01.74 نأ نكمي 10.87 0.87 نأ مهملا نم 10.87 0.87 Total 115 100 100 Figure 6.2 Frequency analysis of modal phrases and expressions in the Arabic translation of English modals in the ChUN. register any occurrence at all. The rest of the modal expressions register low percentages with نأ . . . ىلع (it is incumbent on . . . that ): 4.35%; يغبني (should) and امبسح (as neces- sary): 2.61%; نأش نم (is likely to): 1.74%; and finally نأ نكمي (it is possible . . . that) and نم نأ مهملا (it is important that): 0.87%. These percentages are represented in the following chart. 45 40 35 30 CD ~ 25 "E ~ CD 20 a.. 15 10 5 0 ... J wI J~ j.Jl':! 'i ~ 'i wI ... j.Jl':! ~ ~ 'i .li ~ ~ w- ;fi..; w- ~ wI ... fL. d...:. wI ~I 4a wI Analysis of Arabic–English–Arabic texts: syntactic level 121 6.2.2 Qualitative analysis of modal auxiliaries in English–Arabic documents In this part I will discuss in more detail how the modal auxiliaries in the ChUN have been rendered into Arabic. This discussion will be divided into three subcategories:

6.2.2.1  Translation  of shall We have pointed out in Chapter 3 (section 3.2.2.6) that ‘shall’ is used in legal documents as a deontic modal of ‘obligation’ which guarantees that the act will happen and that ‘it is legally binding’ (Tiersma, 1999:106). In the following section, I investigate how ‘shall’ is rendered into Arabic.

Shall plus infinitive (active) into imperfect All the patterns including ‘shall plus active’ are rendered into Arabic using the techniques of ‘linguistic adaptation’, according to Mayoral Asensio (2003:55) or ‘transposition’, according to Vinay and Darbelnet (1995:36). That is, ‘shall plus an infinitival active verb’ is translated into ‘imperfect’. Badawi, Carter and Gully (2004:30) define the ‘imperfect’ as ‘actions either not completed or regarded as such’. It is translated into English as ‘present’ as in the following examples: Examples 1, 2 and 3 1. The Organization and its Members shall act in accordance with the following principles. . . (ChUN, article 2) ً اقفو اهؤاضعأو ةئيهلا موقت . 1 . . . ةيتلآا ئدابملل 2. All Members . . . shall fulfill the obligations . . . (ChUN, article 2:2) نوموقي . . . ةئيهلا ءاضعأ .2 . . . تامازتللااب 3. All Members shall settle their international disputes . . . (ChUN, article 2:3) ةئيهلا ءاضعأ عيمج ضفي .3 . . . ةيلودلا مهتاعزانم In the above examples, ‘shall act’, ‘shall fulfil’ and ‘shall settle’ are rendered as ضفي ، نوموقي ، موقت (acts, fulfil (plural), settles). Verbs in the TT occur in the ‘imperfect’ which is used in Arabic to express mood and it denotes that this action has already started and is yet to be finished. It is not known, however, when it will finish. If it finishes, it will be considered perfect which carries no mood itself. Thus, the ‘linguistic adaptation’ is considered one solution for the lack of correspondence between the English and the Arabic modal system. Yet, a better solution should have been using a lexical verb denoting necessity such as بجي (must or should).

Shall plus infinitive (active) into lexical verbs of necessity The obligation modal ‘shall plus active’ is sometimes rendered into an equivalent lexical verb denoting obligation as in example 4 below: 122 Arabic–English–Arabic Legal Translation Example 4 The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security shall first of all seek a solution . . . (ChUN, article 33:1) نم عازن يأ فارطأ ىلع بجي ظفح ضرعي نأ هرارمتسا نأش نأ رطخلل يلودلا نملأاو ملسلا . . .ءدب يذ ئداب هلح اوسمتلي In this example, ‘shall seek’ is rendered as اوسمتلي نأ . . . ىلع بجي . . .. As shown بجي (it is compulsory) occurs in combination with ىلع (on). It also takes as its agent a clause initiated with نأ (that). It can sometimes take a verbal noun as its predicate as in سامتلا . . . مهيلع بجي (it is incumbent on them seeking). In translating ‘shall’ as بجي , this is done through ‘linguistic adaptation’ of a modal as a lexical verb. The infinitive verb ‘seek’ is translated through ‘literal translation’ into an equivalent infinitive ( اوسمتلي نأ ). The translator seeks the same equivalent that transfers the mood of obligation (for example the imperfect mood in Arabic) to guarantee that the action in question has already taken place. Example 5 . . . they shall refer it to the Security Council. (ChUN, article 37:1) ىلع هضرعت نأ اهيلع بجو . . . .نملأا سلجم In example 5, a lexical verb of necessity is used as an equivalent to the modal ‘shall plus infinitive’. Yet, a shift of tense has occurred by using the verb بجو (must + perfect, it had been compulsory) in the perfect. It is known that in Arabic the perfect carries no mood and it expresses events that are ‘either actually completed or regarded as such’ (Badawi, Carter and Gully, 2004:62). Thus, the perfect tense is not the accurate equivalent of the English modal ‘shall’. The solution for this is to use the imperfect ( بجي – it is compulsory must . . .). Example 6 The Security Council shall duly take account of failure to comply with such provisional measures.

(ChUN, article 37:1) بسحي نأ نملأا سلجم ىلعو ريبادتلا هذهب نيعزانتملا ذخأ مدعل . . . هباسح ةتقؤملا In this example, ىلع (on) is used to denote obligation as an equivalent of ‘shall’. In Arabic, the mood of necessity can be expressed through ىلع بجي + نأ or through ىلع (on) alone as Badawi, Carter and Gully (2004:396) argue: Analysis of Arabic–English–Arabic texts: syntactic level 123 Note also that ‘must’ can be expressed by ʿala ىلع alone:

. اذه يعن نأ انيلع We must be aware of this. ىلع (on) described above by Badawi, Carter and Gully is different from what they call ‘extended obligation’ (ibid.:177), i.e. bearing a sense of burden such as that given below:

.

ةلودلا ةقفن ىلع اعيمج اولزن ثيح Where they all stayed in a hotel at the expense of (the state).

There is no modal verb corresponding to this ‘extended obligation’ in the English translation as such since ىلع (on) is rendered ‘literally’ into the preposition ‘at’ and there is no modality expressed either syntactically or semantically. It merits pointing out that no such type of obligation exists in the ChUN. Example 7 When the Security Council has decided to use force it shall, . . . invite that Member, . . . (ChUN, article 44) . . . هنإف ،ةوقلا مادختسا نملأا سلجم ررق اذإ . . . وضعلا اذه وعدي نأ هل يغبني Another way of translating the English deontic verb ‘shall plus infinitive (active)’ is given in the above example. The TT uses the verb يغبني (should) which means ‘it is imperative’, ‘most desirable’, ‘ought’ (Badawi, Carter and Gully, 2004:395). They give the following examples for clarification:

. نونمؤملا اهيعي نا يغبني يتلا ةقيقحلا هذه This is the fact of which believers ought to be aware. .اهل ءاغصلاا يغبني ةملاع بضغلا Anger is the symptom which must be paid attention to.

According to the above examples, يغبني (should) can also denote obligation, though not as strong as بجي (it is compulsory). It may imply that the action can be done or not.

Shall plus the negative In this section, we will investigate different ways of translating ‘shall plus the negative’: Examples 8, 9, 10 and 11 8. Each member shall have not more than five representatives in the General Assembly.

(ChUN, article 9) دحاولا وضعلل نوكي نأ زوجي لا .8 ةيعمجلا يف نيبودنم ةسمخ نم رثكأ .ةماعلا 124 Arabic–English–Arabic Legal Translation 9. A retiring member shall not be eligible for immediate re- election . . . (ChUN, article 23:1) زوجي لا هتدم تهتنا يذلا وضعلاو .9 . . .روفلا ىلع هباختنا ةداعإ 10. The trusteeship system shall not apply to territories which have become Members of the United Nations. . . (ChUN, article 78) ىلع ةياصولا ماظن قبطي لا .10 يف ءاضعأ تحبصأ يتلا ميلاقلأا . . .  “ةدحتملا مملأا ” ةئيه 11. In the performance of their duties the Secretary General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. (ChUN, article 100:1) نيفظوملل لاو ماعلا نيملأل سيل .11 ةيدأت يف اوقلتي نأ وأ اوبلطي نأ وأ ةموكح ةيأ نم تاميلعت مهبجاو .ةئيهلا نع ةجراخ ةطلس ةيأ نم Negation of modals may include either the modal or the verb (proposition). Difference in both depends on the type of the modal which results in a different meaning of the whole sentence. The following example cited in Palmer (1990:113) clarifies this idea: John can’t be in his office (it is possible that John is in his office).

John may not be in his office (it is possible that John is not in his office).

Quirk et al. (1985:794–799) and Palmer (1990:39) summarize the main aspects of negating deontic modality in the following table: Table 6.3 Aspects of negating deontic modality Type of modality PositiveNegative modality Negative proposition Deontic possibility may/can may not/can’t____/needn’t/ Deontic necessity must needn’tmustn’t Negation of ‘shall’ is not expressed in the above table although it is considered one of the ‘necessity’ modals according to Palmer (1990:73). As it is stronger than ‘must’, its negation expresses strong prohibition. In example 8, it is the proposition, not the modal, that is negated and in example 9, it is the modal, that is negated. In both cases, they are translated into Arabic as زوجي لا (it is not permissible, or not allowed). The Arabic equivalent to the modal ‘shall’ here is the deontic verb of possibility ( زوجي – may) and its negative form shows lack of permissibility. Thus, a better translation can represent the prohibitive ‘shall not’ in Arabic as بجي لا (mustn’t) or لاأ بجي (must not) as given in Badawi, Carter and Gully (2004:398). In examples 10 and 11, translation of the prohibition phrase ‘shall not seek’ is different since it is done through a lexical verb in the imperfect mood preceded by the negative particle لا (not) in 10 and through the particle ِل (for) preceded by سيل (not) in 11. 69 Negation in the two examples expresses lack of permissibility for the agent: نيفظوملاو ماعلا نيملأا (the Secretary General and the Personnel). Analysis of Arabic–English–Arabic texts: syntactic level 125 Shall plus the passive ‘Shall plus the passive’ reaches nearly one-third of the total number of the occurrences of the modal ‘shall’. To avoid redundancy, this section will be dealt with in greater detail in the analysis of passivization, Section 6.4.

6.2.2.2  Translation  of may As was stated before, ‘may’ is a deontic modal of possibility which denotes permissibility according to Palmer (1990:37). It occurs in the ST in combination with the infinitive either in the active or passive voice.

May plus infinitive (active) into a lexical verb of ‘possibility’ The first case of translating ‘may plus infinitive (active)’ into Arabic is through the lexical verb denoting possibility ( زوجي – it is allowed) as given below: Examples 12 and 13 12. These may include complete or partial interruption of economic relations . . . (ChUN, article 41) اهنيب نم نوكي نأ زوجيو .12 افقو ةيداصتقلاا تلاصلا فقو . . . ً ايلك وأ ً ايئزج 13. Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. (ChUN, article 41) نأ نملأا سلجم ىأر اذإ .13 يف اهيلع صوصنملا ريبادتلا تبث وأ ضرغلاب يفت لا 41 ةداملا ذختي نأ هل زاج ،هب فت مل اهنأ ةيرحبلاو ةيوجلا تاوقلا قيرطب ظفحل مزلي ام لامعلأا نم ةيربلاو هتداعلإ وأ يلودلا نملأاو ملسلا .هباصن ىلإ ‘May include’ is translated ‘literally’ into a lexical verb denoting possibility plus a clause initiated with ‘and’: نوكي نأ زوجيو (and may be) in example 12. In 13, translation of the modal may ‘it may take’ is changed from ‘imperfect’ to ‘past’: ذختي نأ هل زاج (it was allowed for him to take). This shift is used in Arabic legal documents but unjustified; it can be used as a means of a stylistic variation but for the sake of consistency it is recommended to stick to the imperfect ( زوجي – it is allowed). There is another occurrence of ‘may’ in example 13:

as may be necessary to maintain or restore international peace and security. هباصن ىلإ هتداعلإ وأ يلودلا نملأاو ملسلا ظفحل مزلي ام The TT lacks a direct equivalent of the modal ‘may’. The possibility particle دق (may) can be used in this context to fill in such a semantic gap. A ‘class shift’ (Catford, 1965:78) is used 126 Arabic–English–Arabic Legal Translation to render an adjective ‘necessary’ into a verb ( مزلي – is needed/is required). A suggested translation of the above statement into Arabic can be:

(author’s translation) .نييلودلا نملأاو ملسلا ةداعتسا وأ ظفحل مزلي دق ام The same ST pattern ‘may be necessary’ is translated into a different lexical verb in the TT as given in example 14 below: Example 14 The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

(ChUN, article 104) نم وضع لك دلاب يف ةئيهلا عتمتت اهبلطتي يتلا ةينوناقلا ةيلهلأاب اهئاضعأ قيقحتو اهفئاظو ءابعأب اهمايق .اهدصاقم As underlined in example 14, ‘may be necessary’ is rendered as هبلطتي (needs/requires). The verb is used in the imperfect mood with no modal verb of possibility. A better translation for this can be achieved by including the particle دق (may) before the verb هبلطتي (needs or requires).

May plus infinitive (active) into a preposition The same pattern: ‘may plus infinitive in the active voice’ presented above is translated into Arabic not by a lexical verb, but into a preposition plus a clause initiated by نأ (that). Totter (2000:342) comments on the use of prepositions as modal:

Modality is evidenced in contrasting use of prepositions in Arabic and auxiliary verbs or verb phrases in English. The Arabic particle ِل (lit. belonging to) is in contrast to the English expression has the right to . The construction نأ ىلع (lit. upon. . .to) contrasts with must.

Below are given some examples for consideration: Examples 15 and 16 15. The General Assembly may discuss – may make recommendations. . . (ChUN, article 10) امك – شقانت نأ ةماعلا ةيعمجلل .15 . . . يصوت نأ . . . اهل نأ 16. The General Assembly may make recommendations or may propose conventions to the Members of the United Nations for this purpose. (ChUN, article 105:3) تايصوتلا مدقت نأ ةماعلا ةيعمجلل .16 ةئيهلا ءاضعأ ىلع حرتقت نأ اهلو . . .

.ضرغلا اذهل تاقافتا دقع Analysis of Arabic–English–Arabic texts: syntactic level 127 In Arabic, the verb نأ (كل) زوجي ((you) are allowed to . . .) is one of the verbs used to denote permission. It corresponds to ‘may’ in English. In the two examples given above, the ‘may’ structure is rendered into the preposition ِل (for) plus the clause initiated by نأ (that). This is done by a technique of ‘omission’ because the lexical verb denoting permissibility is deleted and the preposition ِل (for) is left. This ‘omission’ is justifiable as it does not affect the accu- racy of the translation; rather, it is used for simplification. This pattern proves useful as is mentioned by Badawi, Carter and Gully (2004:394), in their explanation of the modal auxil- iaries in Arabic:

there are various verbal collocations, corresponding approximately to impersonal, modal and auxiliary verbs in English, though the categories are only loosely com - parable. It is important to note also that many meanings which are conveyed in English by adverbs are expressed by verbs in Arabic.

May plus passive Translation of this pattern is important but will be dealt with under the analysis of passive translation, in Section 6.4, to avoid redundancy.

6.2.2.3  Translation  of other  less  frequent  modals Other less frequent deontic modal auxiliaries such as ‘should’, ‘must’, ‘is to’ for obligation and ‘might’ and ‘is likely’ for possibility have been cited in the ChUN. Following is an example for each of them.

Should Modals of necessity (for example must, shall) can be translated into Arabic as نأ يغبني or بجي ىلع or ىلع . Consider the following example: Example 17 17. the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice . . . (ChUN, article 36:3) هذهل اقفو هتايصوت مدقي وهو نملأا سلجم ىلع ةينوناقلا تاعزانملا نأ ً اضيأ يعاري نأ ةداملا نأ - ةماع ةفصب -عازنلا فارطأ ىلع بجي . . . ةيلودلا لدعلا ةمكحم ىلع اهوضرعي The above example presents translation of the modal ‘should’, which is rarely used in drafting legal documents. With deontic modals, neither the modality nor the proposition occurs in the past since it is a performative act, the proposition expresses the present (Palmer, 1990:91). Semantically, ‘should’ indicates more than one meaning, according to Oxford Dictionaries, ‘obligation, duty, or correctness, typically when criticizing someone’s actions; a desirable or expected state; what is probable . . .’ 128 Arabic–English–Arabic Legal Translation Although meaning of ‘should’ in the ST is not decisive, judging by the context, the TT rendition of it into ىلع (on) to denote obligation makes the meaning of ‘should’ clearer.

Thus, ‘should take into consideration’ is rendered as يعاري نأ نملأا سلجم ىلع (it is incumbent on the Security Council to consider). ‘Should be referred to’ is rendered as ىلع اهوضرعي نأ عازنلا فارطأ ىلع بجي (the dispute parties should (must) refer them (the legal disputes) to . . .). ‘Should’ is rendered into Arabic as a lexical verb of necessity in the imperfect active mood. Thus, a voice shift is used in this example by translating a passive structure in the ST to an active structure in the TT. If the passive is adhered to in the TT, the translation will be: ةينوناقلا تاعزانملا نأ ً اضيأ يعاري نأ ةداملا هذهل اقفو هتايصوت مدقي وهو نملأا سلجم ىلع فارطأ لبق نم ةيلودلا لدعلا ةمكحم ىلع ضرع ُ ت نأ – ةماع ةفصب – بجي (author’s translation)  . . . عازنلا Must and is to Both forms are used once in the whole text and the technique used in translating both is the same as given below: Examples 18 and 19 18. The Security Council may decide what measures . . . are to be employed . . .

(ChUN, article 41) هذاختا بجي ام ررقي نأ نملأا سلجمل .18 . . . ريبادتلا نم 19. Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies . . .

must be based on the general principle of good- neighbourliness, (ChUN, article 74) ً اضيأ ةدحتملا مملأا ءاضعأ قفاوي .19 قبطني يتلا ميلاقلأا ءازإ مهتسايس نأ ىلع ىلع موقت نأ بجي . . . لصفلا اذه اهيلع ،راوجلا نسح أدبم In the above table, there are two instances of deontic modals of necessity: ‘must’ as given in 18 and ‘are to’ in 19; both occur in the passive voice. Both are rendered into the TT by a voice shift from passive to active and using a corresponding lexical verb of necessity. In the first example, a verbal noun is used instead of the infinitival clause: هذاختا (its taking), instead of ذخؤي نأ (to be taken).

Might and is likely to These two modals are not frequent in the ChUN. Each of them occurred a few times, some of which are given below: Analysis of Arabic–English–Arabic texts: syntactic level 129 Examples 20 and 21 20. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization. (ChUN, article 100:1) لمع يأب مايقلا نع اوعنتمي نأ مهيلعو .20 نييلود نيفظوم مهفصوب مهزكارم ىلإ ئسي دق .اهدحو ةئيهلا مامأ نيلوؤسم 21. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security shall . . . seek a solution . . . (ChUN, article 33:1) نأش نم عازن يأ فارطأ ىلع بجي .21 يلودلا نملأاو ملسلا ظفح ضرعي نأ هرارمتسا . . . هلح اوسمتلي نأ رطخلل Example 20 above represents the possibility modal ‘might’. Syntactically and morpho- logically, ‘might’ is the past form of ‘may’ and it is rarely used semantically. Most impor- tantly, with deontic modals, neither the modality nor the proposition occurs in the past since it is a performative act, the proposition expresses the present (Palmer, 1990:91). This modal is translated into Arabic through the technique of ‘adaptation’. This means that the translator looks for the most acceptable translation of ‘might plus infinitive’ in Arabic to give the meaning intended in the ST. This is done by using the particle دق (may) plus the imperfect form of the verb ئسي (harms). This verb is used as an equivalent of the English verb ‘reflect on’. A semantic ‘adaptation’ is used as the translator gives the meaning of the verb in context rather than the literal meaning ىلع سكعني (reflects on). If the translator adheres to the same verb, he/she may need to add a word specifying what sort of reflection, which is in this case a negative reflection: ىلع ايبلس سكعني (negatively reflects on).

Example 21 gives another possible phrase: ‘it is likely’. This construction is classified in the English modal system according to Johannesson’s (1976) stratificational approach for analyzing modals as commentative sentences. He divides modal auxiliaries into three types, namely, voli- tion, attitude to the truth of the proposition (commentative) and the speaker evaluation of the event (fictive). By commentatives is meant that ‘the speaker makes a comment on the proposi- tion and the choice between different modal auxiliaries and other forms is primarily determined by the kind of attitude the speaker has towards the basic proposition’ (Johannesson, 1976:49).

The speaker’s attitude towards a proposition can be either emotional (surprise, anger, etc.) or non- emotional (possibility, probability). The author realizes this through either a modal auxil- iary or an adverb: maybe, perhaps , possibly , presumably , probably , an adjective as in the construction ‘ it is possible, likely , unlikely that . . .’ in an adjective or participle: ‘ I am sure, convinced that . . .’, or in an attitudinal verb as in ‘ I assume, guess , believe that . . .’ (ibid.).

‘Is likely’ is translated as نأش نم (may) plus a clause initiated by نأ (that). Therefore, a ‘structural shift’ (Catford, 1965:76) is seen when a clause in the ST is rendered as a ‘prepo- sitional phrase’ in the TT. ‘Is likely’ can also be rendered as the expression لمتحملا نم (it is probable) plus an infinitival clause initiated by نأ (that) or the particle دق (may) plus the imperfect form of the verb. 130 Arabic–English–Arabic Legal Translation 6.3 ANALYSIS OF MODAL EXPRESSIONS IN ARABIC–ENGLISH DOCUMENTS In this section, we will discuss the translation of modal expressions from Arabic into English with reference to the AChHR. We will start with a frequency analysis followed by a critical analysis. 6.3.1 Quantitative analysis of modal expressions in Arabic–English documents The following table presents the frequency of modal phrases and expressions in the AChHR.

Table 6.4 Frequency analysis of modal expressions in the AChHR Modal type Number of occurrences Proportion of modal type found (%) نأ . . .

ِ ل 2 07.41 زوجي 207.41 زوجي لا 21 77.78 بجي 103.70 بجاولا نم 103.70 Total 27100.00 Figure 6.3 Frequency analysis of modal expressions in the AChHR. As is clear from the above table, the most frequent modal is the negative verb زوجي لا (it is not permissible, or it is not allowed) at 77.78 percent, and the active form of the verb is the second most frequent (7.41 percent) along with the prepositional phrase نأ . . . ِ ل (for . . . to plus infinitive). The above information can be illustrated by the following figure: 6.3.2 Qualitative analysis of modal expressions in the AChHR In this phase, we will look at how زوجي لا (it is not permissible) is rendered in the AChHR.

Reference will also be made to some of the other less frequent modals. Q) 80 70 60 N 50 &:: ~ 40 8? 30 20 10 o "I ... j.Jl':! j.Jl':! ... J ~ ~ ~ Analysis of Arabic–English–Arabic texts: syntactic level 131 6.3.2.1 Translation  of زوجي ال  (it is not  permissible/it  is not  allowed) This verb in the negative form: زوجي لا (it is not permissible or not allowed) is commonly used in Arabic legal documents to convey prohibition and it corresponds to ‘shall not’ in English. It takes either a clause initiated with ( نأ – that) or a verbal noun as in the following two examples:

You are not permitted to breach the law. نوناقلا فلاخت نأ زوجي لا .1 Breaching the law is not permissible. نوناقلا ةفلاخم زوجي لا .2 Translation of this structure into English varies. It is translated into the English deontic verb of prohibition ‘shall not’ as in the following example: Example 1 نأ وأ دويقلا كلت سمت نأ لاح يأب زوجي لا تانامضلاو قوقحلا للحتلا اذه لمشي (AChHR, article 4:c) . . . ةصاخلا Such measures or derogations shall under no circumstances affect or apply to the rights and special guarantees . . .

The literal equivalent for زوجي لا (it is not allowed) is ‘may not’. Thus, translation of it into ‘shall under no circumstances’ (for example ‘shall not’) conveys the binding nature of prohibition. If ‘may not’ is used, it opens the door for possibilities. The ST wording should have been more binding by using a modal of prohibition ( بجي لا – shall not, must not) or a lexical term of prohibition such as عونمم (prohibited). The TT translation rephrases, according to Abdel-Fattah (2005:42–45), this modal to convey the meaning in the ST.

Translation of the ST modal ( زوجي لا – it is not permissible) can occur in the passive voice as in the example below: Example 2 عتمتلا يف اهقح نم تايلقلأا نامرح زوجي لا (AChHR, اهتانايد ميلاعت عابتا وأ اهتفاقثب article 37). Minorities shall not be deprived of their right to enjoy their culture or to follow the teachings of their religions.

As shown above, the same technique is used in example 1 above where there is a rephrasing of the ST modal expression زوجي لا (it is not allowed) to a prohibition in the TT ‘shall not’.

The verbal noun نامرح (deprivation), is rendered as ‘be deprived’ following a structure and voice shift of a noun to a passive verb. Below are more examples: 132 Arabic–English–Arabic Legal Translation Examples 3 and 4 نع هرمع لقي نميف مادعلإا مكح ذيفنت زوجي لا  .3 عضت ىتح لماح ةأرما يف وأ ً اماع رشع ةينامث ،ءاضقنا دعب لاإ عضرم مأ ىلع وأ اهلمح (AChHR, article 28) . نيماع 3. The death penalty shall not be inflicted on a person under 18 years of age, on a pregnant woman prior to her delivery or on a nursing woman. يأ ةسرامم ىلع دويقلا نم ضرفي نأ زوحي لا  .4 نملأا يعاود هبجوتست ام لاإ نيتيرحلا نيتاه نم نيرخلآا قوقح ةيامح وأ ةماعلا ةملاسلا وأ يموقلا (AChHR, article 28) . مهتايرحو 4. No restrictions shall be placed on the exercise of this right unless so required by the exigencies of national security, public safety or the need to protect the rights and freedoms of others.

In examples 3 and 4, the Arabic modal is negated, but translation of it differs; in the first instance, it is the modal which is negated ‘shall not’ but in example 4, the proposition is negated ‘no restrictions’. The ST passive structure:

ضرف ُي نأ زوحي لا (it is not allowed to be placed on) is adhered to in the TT. Such adherence to the ST syntax, one can argue, is rare in the translation of the whole text.

6.3.2.2  Translation  of less  frequent  modal  expressions Example 5 طمن ةيرحب ررقت نأ قحلا اذهل ً ادانتسا اهلو (AChHR, article1:a) . يسايسلا اهنايك . . . and, accordingly, have the right to freely determine the form of their political structure.

Example 5 above represents one of the less frequent forms of modal expression, ةيرحب ررقت نأ . . . اهل (it is permissible for them to freely decide). This is rendered as ‘have the right to freely decide’ by shifting from a modal expression of permissibility into a lexical verb of possession. This, however, has not affected the meaning intended in the ST. Example 6 ىلع لمعلاو اهتاسرامم عيمج ةنادإ بجاولا نمو (AChHR article 1:b) . اهتلازإ There is a need to condemn and endeavour to eliminate all such practices.

Analysis of Arabic–English–Arabic texts: syntactic level 133 ‘ ةنادإ بجاولا نم – it is a must (it is compulsory) to condemn’ is rendered as ‘there is a need to condemn’. Thus, translation of a modal expression of necessity in the ST has been shifted to a lexical noun denoting need or demand. It does not convey the meaning intended in the ST as expressed by the modal expression. A suggested better translation can be ‘it is neces- sary (a must) to condemn’.

6.4 TRANSLATION OF THE PASSIVE IN ENGLISH–ARABIC DOCUMENTS This part investigates how the passive is translated from English into Arabic in the ChUN. As noted before in our analysis of the modal auxiliaries when translating from English into Arabic, most of the modal structures occurred in combination with the passive. I will analyze such structures as well as other normal passive structures. My discussion, however, will be concerned with the passive not the modals. I will start with a statistical analysis then follow with a critical analysis of some examples. 6.4.1 Quantitative analysis of passive in English–Arabic documents In the following table we attempt to give the frequency of the different forms of the passive structure in the ST and their counterparts in the TT with reference to the ChUN.

Table 6.5 Frequency analysis of the passive structure in the ChUN Cases of passive Number of occurrences Proportion of cases of passive found (%) Shall + passive 51 60.00 May + passive 18 21.18 Will + passive 03 3.53 Normal passive 13 15.29 Total 85 100.00 As shown from the table, the total number of passive structures in the ChUN is 85 the greatest number of which comes in conjunction with modals (for example shall + passive, 60.00 percent; may + passive, 21.18 percent; and will + passive, 3.53 percent). Normal passive comes in third place with an overall percentage of 15.29 percent. This information can be illustrated by Figure 6.4. It is interesting to see how these structures are translated into Arabic. Representation of such information is given in Table 6.6 and Figure 6.5. The table shows that the TT rendition of the ST passive structure comes in two cases:

active is used in place of passive with an overall percentage of 58.82 percent; passive is adhered to in the TT with a general rate of 41.18 percent. The most obvious first impression from the table and the figure is that Arabic uses considerably fewer passive forms than English. This can justify the fact that legal Arabic favours the active. In fact it is not only legal drafters who favour the active structure to passive; MSA generally prefers the use of the active. In this context, Al-Najjar 134 Arabic–English–Arabic Legal Translation (1984:150–151) comments: ‘it is intuition that pushes or motivates speakers of MSA to translate English passive sentences into active’. 6.4.2 Qualitative analysis of passive in English–Arabic documents In this section, I will show how translation of the English passives into Arabic varies. The use of either structure is motivated by the linguistic system of the TT. I will discuss some of the representative ST passive examples and explain the different ways of rendering them into the TT active, then into passive.

Table 6.6 Frequency analysis of the translation of the passive structure into Arabic in the ChUN ST passive → TT Number of occurrences Proportion of ST → TT tense changes (%) passive → active 50 58.82 passive → passive 35 41.18 Total 85 100.00 Figure 6.5 Frequency of the translation of the passive structure into Arabic in the ChUN. Figure 6.4 Frequency of the passive structure in the ChUN. 60 50 Q) 40 Cl .l!! 30 c: Q) e Q) 20 a. 10 0 Number of occurrences passive --+ active Shall + passive May + passive Will + passive Normal + passive passive --+ passive Analysis of Arabic–English–Arabic texts: syntactic level 135 6.4.2.1  Passive  → active The first case of passive forms occurs with a modal verb plus the passive. It is rendered into Arabic as an imperfect verb denoting modality plus a clause initiated with نأ (that). To illustrate this, consider the following example: Example 1 A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council.

(ChUN, article 5) يأ فقوت نأ ةماعلا ةيعمجلل زوجي ً لامع هل َب ِق نملأا سلجم ذختا وضع نع ،عمقلا وأ عنملا لامعأ نم ،اهايازمو ةيوضعلا قوقح ةرشابم سلجم ةيصوت ىلع ً ءانب كلذ نوكيو .نملأا In the above example, there are two examples of the passive structure which are rendered into active: ‘has been taken’ is translated as ذختا (took) and ‘may be suspended’ is rendered as فقوت نأ زوجي (it is allowed that (agent) suspend). Thus, the ST passive is translated as the TT active. In both cases the active is used because the ST ‘by- phrase’ is better rendered into the TT by using the agent or the subject of the verb. It becomes common, however, to see the by- phrase rendered by certain linguistic Arabic phrases such as ل َب ِق نم (on the part of). If the passive is adhered to, the meaning will not change but the TT will be redundant and wordy. The change to passive is underlined below: نم عمقلا وأ عنملا لامعأ نم ً لامع هل َب ِق ذخ ُ تا ةماعلا ةيعمجلا ل َب ِق نم وضع يأ فقو ُي نأ زوجي ةيصوت ىلع ً ءانب كلذ نوكيو ،اهايازمو ةيوضعلا قوقح ةرشابم نع ،نملأا سلجم بناج .نملأا سلجم Example 2 Nothing in this Chapter shall be construed in or of itself to alter in any manner the rights of any states or any peoples, (ChUN, article 80:1) لصفلا اذه ماكحأ نم مكح يأ صن ليوأت زوجي لا ريغي نأ هنأش نم ً اجيرخت وأ ً لايوأت هجيرخت لاو ،بوعش وأ لود ةيلأ قوقح ةيأ ام ةقيرطب In example 2 above, the passive verb (construed) is rendered into Arabic as a verbal noun ( ليوأت – interpretation). This voice shift as well as verb- noun ‘transposition’ is done for stylistic reasons. The reason why we claim so is that the same structure has been rendered differently in another example, viz. in example 3 below, the English passive structure ‘interpreted’ is translated into Arabic as passive ( لوؤت نأ – to be interpreted). Thus, the passive is adhered to and also there is no verb- noun ‘transposition’: 136 Arabic–English–Arabic Legal Translation Example 3 Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation. (ChUN article 8:2) هذه نم ىلولأا ةرقفلا لوؤت نأ زوجي لا ليجأت وأ ريخأتل ً اببس ئيهت اهنأ ىلع ةداملا . ةضوافملا The same passive structure can be translated into a prepositional phrase plus a clause initi- ated with نأ (that) as underlined in the example below: Example 4 The exercise of these rights and privileges may be restored by the Security Council. (ChUN, article 5) وضعلا اذهل دري نأ نملأا سلجملو .ايازملاو قوقحلا كلت ةرشابم Again the passive is changed into active through the occurrence of a clause initiated with نأ (that). Example 5 Any such question on which action is necessary shall be referred to the Security Council by the General Assembly. (ChUN, article 11:2) نم نوكي هركذ م ّ دقت امم ةلأسم لكو نأ يغبني ،ام لمعب مايقلا اهيف يرورضلا . نملأا سلجم ىلع ةماعلا ةيعمجلا اهليحت The above sentence represents an English passive structure: subject + V passive + by NP agent.

Such a structure is rendered into Arabic as: object + verb + subject (OVS) as illustrated below:

ST Any such question shall be referred to by the General Assembly Grammatical subject V (passive) by NP agent (rheme) (theme) TT ةلأسم لك اهليحت نأ يغبني ةماعلا ةيعمجلا Foregrounded object Modal imperfect active verb Subject (rheme) (theme) + (‘an clause: imperfect active verb (attached to an object pronoun)) Analysis of Arabic–English–Arabic texts: syntactic level 137 From the above analysis, although the translator shifts to the active voice, he/she has preserved the message structure of the ST breaking the normal VSO order of the Arabic sentence, choosing to foreground the object and use an attached pronoun in the verb phrase to refer back to it. By doing so, the translator kept the ‘informational organization’ (Abdul-Raof, 1998:94) through form and meaning. On this point El-Yasin (1996) holds that ‘English passives should be translated into Arabic topic–comment (or theme–rheme) structure in order to cap - ture both form (word order) and meaning’. However, the translator has undertaken some minor reordering of the TT by phrase (the General Assembly – ةماعلا ةيعمجلا ) and the prepositional phrase (to the Security Council – نملأا سلجم ىلع ). Such a change of the word order is motivated by the syntactic and semantic interrelationships of sentence structure. In example 6 below, the translator has chosen to stick to the Arabic normal sentence order VSO: Example 6 The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly. (ChUN, article 17:2) ةئيهلا تاقفن ءاضعلأا ل ّ محتي اهر ّ رقت يتلا ةبصنلأا بسح .ةماعلا ةيعمجلا In the above excerpt, there are two passive structures, the first of which is ‘shall be borne’: ‘modal auxiliary plus passive’ which is rendered into Arabic as the active form of the verb in the imperfect: ل ّ محتي ((they) bear). In the second part of the example, (as apportioned by the General Assembly – ةماعلا ةيعمجلا اهر ّ رقت يتلا ةبصنلأا بسح ), there are two syntactic changes in this example: first, translating the English passive verb (apportioned) by para- phrasing it into the active voice (according to the amounts which the General Assembly decide). The other change is mentioning the agent/doer of the action without using any agen- tive construction. In this example, the translator did not follow the same structure given in the ST, which may have been motivated by a stylistic preference. All of the above examples as well as other examples mentioned in articles 88, 89, 92, 96, 98, to mention just a few of them, are rendered in the active. What is common among these examples is that all of them are ‘agentive passives’ the agent of which is animate. In Arabic, the translator has shifted to the active voice in order to mention the agent: ‘if an Arabic speaker wants to mention the agent (doer) the only choice open to him is an active sentence’ (Farghal, 1991:144). Other examples have been translated into active but the agent (by phrase) has been rendered into Arabic by using a prepositional phrase. Example 7 Decisions of the General Assembly on important questions shall be made by a two- thirds majority of the members present and voting. (ChUN, article 17:2) يف اهتارارق ةماعلا ةيعمجلا ردصت ءاضعلأا يثلث ةيبلغأب ةماهلا لئاسملا .تيوصتلا يف نيكرتشملا نيرضاحلا 138 Arabic–English–Arabic Legal Translation In the above example, the passive (‘shall be made’) is translated into Arabic as verb- initial sentence (VSO): اهتارارق ةماعلا ةيعمجلا ردصت (the General Assembly issues its decisions).

The agentive (by phrase) is rendered into Arabic as a prepositional phrase initiated by ڊ (by) because it is inanimate or as Cantarino calls it an ‘instrumental idea’ (1974:53). Wright (1967:163–164) also gives the reasons for using this preposition: ‘among its other uses, by is used for ةناعتسلاا (al- istʿanah) to indicate the instrument of whose aid we avail ourselves and ةيببسلل (li- al-sababiyah) or ليلعتلل (li- al-taʿlil ) to express the reason or cause’.

6.4.2.2  Passive  → passive In this section, I will examine some examples which are rendered from the ST passive structure into TT passive: Example 8 Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

(ChUN article 7:2) ىر ُي ام قاثيملا اذه ماكحلأ ً اقف أشن ُي نأ زوجي . ىرخأ ةيوناث عورف نم هئاشنإ ةرورض The ST gives two passive structures that adhere in the TT to ‘may be established’. The first is rendered into a verb denoting modality plus a clause initiated with نأ (that): أشن ُي نأ زوجي (it is allowed to be established). The other example is ‘may be found necessary’ which is rendered into a TT passive: هئاشنإ ةرورض ىر ُي ام (what is seen necessary for establishing).

There is an adaptation of the meaning of the verb ‘found’ plus an ‘addition’ of the verbal noun هئاشنإ (its establishing) to complete the meaning given in the clause and to relate it back to the main verb of the sentence. Example 9 The non- permanent members of the Security Council shall be elected for a term of two years. In the first election of the non- permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. (ChUN, article 23:2) نيمئادلا ريغ نملأا سلجم ءاضعأ بختن ُي ءاضعلأل باختنا لوأ يف هنأ ىلع ،نيتنس ةدمل سلجم ءاضعأ ددع ةدايز دعب نيمئادلا ريغ رشع ةسمخ ىلإ ً اوضع رشع دحأ نم نملأا ةعبرلأا ءاضعلأا نم نانثا راتخ ُي ، ً اوضع .ةدحاو ةنس ةدمل نييفاضلإا Analysis of Arabic–English–Arabic texts: syntactic level 139 In example 9, two ST passive structures are adhered to in the TT: ‘shall be elected’ is rendered as بختن ُي (is elected) and راتخ ُي (is chosen). Translation in both examples adapts to the TT syntactic system which uses the imperfect to denote a mood of obligation. As clear from the above examples, the ST passive is rendered into TT passive when the agent is not specified.

6.5 TRANSLATION OF PASSIVE IN ARABIC–ENGLISH DOCUMENTS This section discusses how Arabic passive structures are rendered into English. To achieve this, we investigate the parallel Arabic and English versions of the Decree of the Establishment of the National Council of Women. The reason why this document has been chosen is that it offers a good number of examples to be analyzed which are given in the table below.

No Arabic English 1 يموقلا سلجملا ” ىمس ُي سلجم أشن ُي هل نوكت ةيروهمجلا سيئر عبتي ةأرملل هرقم نوكيو ،ةيرابتعلاا ةيصخشلا .ةرهاقلا ةنيدم A National Council for Women shall be established under the President of the Republic. It shall have a moral character and its seat shall be in Cairo. ( article 1) 2 ةسراممل ةمئاد ناجل سلجملاب لكش ُ ت .ةثلاثلا ةداملا يف ةنيبملا اهتاصاصتخا The Council establishes the following Standing Committees in order to carry out its functions as stipulated in Article Three: (article 5) 3 هذه ةليصحل صاخ باسح أشن ُي و ماعلا عاطقلا كونب دحأ يف دراوملا نم ضئافلا ليحرت ىعاريو ةيراجتلا ةيلام ةنس لك ةياهن يف باسحلا اذه .ةيلاتلا ةنسلا ةنزاوم ىلإ A special account shall be set up to collect these resources in a public sector commercial bank. The surpluses shall be carried forward at the end of each fiscal year to the budget of the following year.

(article 10) 4 .ةيمسرلا ةديرجلا يف رارقلا اذه رشن ُي This Decree shall be published in the official Journal. (article 12) As discussed in the previous section, the translation of the ST passive into TT passive is due to the unspecificity of the agent. The above table gives examples of the passive structures in Arabic, the agent of which is unknown. These passive structures are adhered to in 1, 3 and 4. In these sentences, the imperfect mood of Arabic passive verbs is rendered as ‘shall plus passive’.

Only in example 2 a voice shift occurs when the ST passive is rendered into active (the present tense). In the next few lines, we will consider the translation of example 3 in the above table. The ST has the passive structure ضئافلا ليحرت ىعار ُيو (it should be considered that the surpluses are carried forward). In this, the translator has opted for an ‘omission’ and a ‘struc- ture shift’ (Catford, 1965:76). For the former, he/she has omitted the ST passive verb ىعار ُي (is considered (should be considered)). For the latter, there is a shift of the ST verbal noun ليحرت (carrying forward) for the TT passive verb in conjunction with the necessity modal ‘shall’. 140 Arabic–English–Arabic Legal Translation 6.6 EXERCISES AND DISCUSSIONS Exercise 1: Analyze the Arabic translation of the English text below on the syntactic level (for example modal auxiliaries, passive).

No one shall be presumed guilty of a criminal offence before a judgment of conviction has entered into force with regard to him or her. صخش يأ ةنادإ ضارتفا زوجي لا ةنادلإا مكح ذافن لبق ام ةميرج باكتراب هقح يف It is the case when somebody gives authority to another to act in his name as his agent. ةطلسلا صخش اهيف حنمي يتلا ةلاحلا اهنإ هليكوك همساب فرصتلل رخآ صخشل If a provision is not included therein, then reference shall be made to the Civil Code, otherwise provisions of commercial practice and guidance by judicial, jurisprudent interpretation and equality principles shall be applied. رملأا اذه لوانتي مكح هيف دجوي مل نإف قبطتف لاإ و يندملا نوناقلا ىلإ عجري داشرتسلاا و يراجتلا فرعلا ماكحأ ئدابمو ةيهقفلا و ةيئاضقلا تاداهتجلااب ةاواسملا Every fault which causes damage to another obliges that who has committed this fault to repair it. نم مزلي ريغلل ً اررض ببسي أطخ لك ضيوعتلاب هبكترا So long as the Loan Agreement is in effect the warranties herein shall be true and correct. لوعفملا ةيراس ضرقلا ةيقافت ٍا نا املاط قافت ٍ لاا اذه يف ةدراولا تانامضلا ن ٍاف ةحيحص The contractor shall not assign the Contract or any part thereof or benefit or interest therein without the prior consent of the Employer. وأ دقعلا نع لزانتلا مدعب لواقملا دهعتي هيف ةحلصم وأ ةعفنم يأ وأ هنم ءزج يأ نم ةقبسم ةقفاوم نودب هبجومب وأ لمعلا بحاص Exercise 2: Translate the following text into Arabic, pay particular attention to mood phrases.

If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate. (ChUN, article 37:2) Exercise 3: Consider the parallel translation from the ChuN in the table below and answer the following questions:

1. What is the type of modality in the underlined English phrases?

2. What is the technique of translating these underlined phrases into Arabic?

3. In pairs comment on this translation and suggest changes, if any. Analysis of Arabic–English–Arabic texts: syntactic level 141 EnglishArabic A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council (article 5) ذختا وضع يأ فقوت نأ ةماعلا ةيعمجلل زوجي وأ عنملا لامعأ نم ً لامع هل َب ِق نملأا سلجم ،اهايازمو ةيوضعلا قوقح ةرشابم نع ،عمقلا ،نملأا سلجم ةيصوت ىلع ً ءانب كلذ نوكيو The exercise of these rights and privileges may be restored by the Security Council. (article 5) ةرشابم وضعلا اذهل دري نأ نملأا سلجملو .ايازملاو قوقحلا كلت A member of the United Nations may be expelled from the organization . . . (article 6) “ةدحتملا مملأا ” ءاضعأ نم وضع نعمأ اذإ ةماعلا ةيعمجلل زاج قاثيملا ئدابم كاهتنا يف . . . هلصفت نأ Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

(article 7:2) ىرُي قاثيملا اذه ماكحلأ ً اقف أشن ُي نأ زوجي . ىرخأ ةيوناث عورف نم هئاشنإ ةرورض Exercise 4: Comment with examples on the translation of the modal ‘shall’ into Arabic with reference to the parallel translation of the Universal Declaration of Human Rights.

Exercise 5 :

1.

‘Drafting modality in legal documents can sometimes be indeterminate.’ Discuss this statement and provide examples from different Arabic and English legal text types to support your arguments.

2. Comment on the translation of the underlined modal phrases in Examples 1 and 2. Is modality unbinding in both texts? Could you suggest a better drafting for the ST and a better translation for these underlined phrases?

Example 1 لعفلا تاذ نع ةمكاحملا راركت زاوج مدعو the inadmissibility of retrial for the same act .تابوقعلاو مئارجلا ةيعرشو and the legal status of crime and punishment.

(AChHR, article 4: c) Example 2 ىلع لمعلاو اهتاسرامم عيمج ةنادإ بجاولا نمو (AChHR, article 1:b) . اهتلازإ There is a need to condemn and endeavour to eliminate all such practices.

Exercise 6: Translate the following part of a Partnership Agreement into Arabic; pay particular attention to the negated modal expressions; and compare your translations in pairs. 142 Arabic–English–Arabic Legal TranslationPartnership Agreement Forbidden acts • No Partner may do any act in contravention of this agreement.

• No Partner may permit intentionally or unintentionally, the assignment of express, implied or apparent authority to a third party that is not a Partner in the Partnership.

• No Partner may do any act that would make it impossible to carry on the ordinary business of Partnership.

• No Partner may confess a judgment against the Partnership.

• No Partner will have the right or authority to bind or obligate the Partnership to any extent with regard to any matter outside the intended purpose of the Partnership.

• Any violation of the above Forbidden Acts will be deemed Involuntary Withdrawal of the offending Partner and may be treated accordingly by the remaining Partners.

Exercise 7:

1. Translate the following two texts into English.

2. In pairs, discuss the difficult areas in the texts (for example modals).

3. What are the procedures you used to translate these areas?

Text A :ﺔصﺎﺨلا طور ﺸلا .كلذ بلطتت يتلا داوملل أشنملا ةداهش راضحإ دروملا ىلع بجي .1 تافصاوملل اهتفلاخم لاح يف اهنم ءزج يأ وأ ةلماك ةدام يأ ضفر ةحصلا ةرازول قحي .2 .اهيلع قافتلاا مت يتلا ً اقفو ضرغلا اذهل ةلك َ ش ُ م ةصتخم ملاتسا ةنجل لبق نم ةدروملا داوملا ملاتسا متي .3 رمأو ةلاحلإا رارقو ءاطعلا ةوعد يف ةدراولا دقاعتلل ةصاخلاو ةماعلا طورشلاو تافصاوملل اهددحت يتلا ةقيرطلاب اهيلع براجتلا ءارجإو اهصحف متي يتلاو ةدمتعملا تانيعلاو ديروتلا ةينف ناجل بجومب ملاتسلاا ةنجل وأ ةديفتسملا ةهجلا تاداهشلا قافرإ كلذك بجيو ةبولطملا تافصاوملل اهتقباطم ىدم ةفرعمل ضرغلا اذهل لكش ُ ت بسح فللأا يف 2-1 ةبسنب تانيعلا ذخؤت و دروملا لبق نم ةمزلالا ةيربخملاو ةيحصلا . ديروت لك دنع ربتخملا نم بلط ىلع ً ءانب و ةدروملا ةداملا نم ً اموي نوتس ةدمل لوعفملا يراس رعس ضرع نم همدقي ام نأب ملعلا دروملا ىلع بجي .4 .ةصقانملا قلاغإ خيرات Analysis of Arabic–English–Arabic texts: syntactic level 143 ةحصلا ةرازوب ةدناسملا تامدخلا يف اهيلع دقاعتملا داوملا ديروتب مازتللاا دروملا ىلع .5 انمضتم ةصقانملا يف ةدراولا تافصاوملاو طورشلل ا ً قبط ةرازولا اهددحت يتلا ةهجلا وأ ةزغب وأ تغلب ام ةغلاب تاقفن نم ديروتلا تايلمع ىلع بترتي امو ليزنتلاو ليمحتلاو لقنلا .ةصاخلا هتقفن ىلع فيراصم Text B : ﺩرﻮملا وأ دهعتملا ت ﺎﻣاﺰتلا : ً ﺎسﻣﺎخ ةلاحلإا رارقب صاخلا دقعلا تاءارجإ لامكتسا ءاطعلا هيلع ليحأ يذلا دهعتملا ىلع .1 . (ءارشلا رماوأ ) اهيف امب تادنتسمو قاروأ نم اهقحلي امو ةيقافتلاا عيقوتو .ديروتلا رملأ هملاتسا خيرات نم رهش للاخ ديروتلاب دهعتملا مزتلي .2 نود دقعلا نم ءزج يأ وأ لك نع رخآ صخش يلأ لزانتي نأ دهعتملل زوجي لا . .3 .ءاطعلا تلاحأ يتلا تاءاطعلا ةنجل نم يطخ نذإ ىلع لوصحلا نع ئشان ررض وأ ةراسخ يأب تاءاطعلا ةنجل ىلع عوجرلا دروملا وأ صقانملل قحي لا .4 لحت مل اذإ وأ اهيلإ ةمدقملا ضورعلا لك تاءاطعلا ةنجل تضفر ام اذإ ةلاح يف هضرعميدقت ةلحرم يأ وأ تقو يأ يف ءاطعلا ةوعد تاءاطعلا ةنجل تغلأ اذإ وأ راعسلأا لقأ مدقمىلع ءاطعلا .بابسلأاركذ نود ةلاحلإا رارق يف ةدراولاو اهيلع قفتملا طورشلاو تافصاوملل ا ً قفو مزاوللا ميلستب دروملا مزتلي .5 .هيف ةروكذملاو ةدمتعملا تانيعلا كلذكو Exercise 8 : Translate the following two texts into Arabic:

Text A 3.5.4 The two parties agreed that the Account Holder shall pay to the bank on a regular basis the fees for the SAMBA Collection & Reconciliation Services by hereby authorizing the Bank to debit its designated account directly. However, the Bank’s fees may change from time to time depending on the service provided by the Bank.

Please note that fees will be charged on each transaction conducted by the Account Holder even if the transaction is subsequently reversed, cancelled or proven ineffec- tive for some reason pertaining to the Account Holder.

3.5.5 Either the Account Holder or the Bank may terminate this service at any time, by giving the other party 90 days’ written notice. Additionally, either party may termi- nate this agreement on 30 days’ notice if the other party have not complied with the terms and conditions of the service.

(Account Opening Form: 3.5.4 and 3.5.5) 144 Arabic–English–Arabic Legal TranslationText B 3.9.1 Access to use the Platform shall be provided by the Bank through any commu- nication or delivery system that the Bank may specify from time to time, which includes the internet. The Account Holder understands and acknowledges the confi- dentiality and other risks associated with use of the internet. The Account Holder accepts these risks inherent in the use of the internet and agrees that the Bank shall not be responsible to the Account Holder for any damages that it may suffer which are caused by the third party.

3.9.3 Authorized Users: The Account Holder has identified to the Bank (by completing the Bank’s relevant forms) those individuals who will be authorized to use the platform on the Account Holder’s behalf, and those individuals who will verify (when required) the users and transactions performed. The level of authority, usage ability, and security level for each Authorized User will be defined in the application form. The Bank will rely on these authorizations unless it receives a written notice from the Account Holder changing the identity of any Authorized User.

(Account Opening Form: 3.9.1 and 3.9.3) Exercise 9: Below are two texts: The English ST in text A and the Arabic TT in text B. Identify the major lexical, syntactic and textual errors in the TT. Rewrite the TT paying particular attention to sentence and text cohesion without distorting the accuracy of the text.

Text A Statement of Tenancy Terms Your landlord by law must provide you with a Statement of Tenancy Terms free of charge, within 28 days of the start of the tenancy.

Repairs You and your landlord can agree the responsibility to repair, with the exception of gas and electrical appliances and furniture safety which are the responsibility of your landlord.

Where the Statement of Tenancy Terms is not clear as to who has responsibility for repairs the law will impose ‘default terms’ for landlord and tenant repair responsibilities. You may be able to get some help from your local district council for some items of disrepair.

Tenancies for a term certain If you do not have a tenancy agreement or the tenancy agreement does not state when the tenancy will end, under the law you have a right to a tenancy that will run for six months initially and after this period it will become a periodic tenancy (for example month to month). Analysis of Arabic–English–Arabic texts: syntactic level 145 Text B رﺎجيلإا طورش ﻥﺎﻴﺑ 28 نوضغ يف ،اناجم راجيلإا طورش نايب عم كل رفوت نأ بجي نوناقلا بجومب راقعلا كلم .راجيلإا ةيادب نم امويت ﺎﺤﻴ لﺼت نملاا ثاثلأاو ةيئابرهك ةزهجلأاو زاغ ءانثتساب ،حلاصإ ةيلوؤسم قفاوت ككلام و تنأ نكمي يذلا نم حضاولا نم سيل راجيلإا طورش نوناق ثيح . راقعلا كلام ةيلوؤسم نم يه يتلا رجأتسملا راقعلا كمل " ةيضرف طورش " ضرف فوس نوناقلا حلاصلإ ةيلوؤسملا لمحتي ةيدلبلا سلجملا نم ةدعاسم ضعب ىلع لوصحلا ىلع ةرداق نوكت دق .تايلوؤسملا حلاصإو . بطعلا نم دونبلا ضعبل يلحملا ﺔنﻴعﻣ ﺩدمل ر ﻴجأتلا اقفو ، راجيلإا دقع يهتني فوسو دنع راجيلإا دقع صني لا وأ راجيلإا دقع كيدل نكي مل اذإ فوس ةرتفلا هذه دعب و ةيادبلا يف رهش ةتس ةدمل هليغشت متيس يذلا راجيلإا يف قحلا كيدل نوناقلل . (رخلآ رهش لثم ) ةيرودلا راجيلاا حبصي Exercise 10: Compare the translation of the ST in the table below with the two translated versions given in TT (1) and TT (2):

1.

How was the ST passive structure rendered in the TT (1) and TT (2)?

2. What are the problems of each translation if any?

3. What changes would you suggest to deal with these problems? ST TT (1) TT (2) لمع ُي :ىلولأا ةداملا نوناقلا ماكحأب ماظن نأشب قفارملا يبرعلا لاملا رامثتسا قطانملاو يبنجلأاو .ةرحلا Arab and foreign investment and free zones are governed by the attached law. The provisions of the attached law shall govern the Arab and foreign investment. قبط ُ ت :ةيناثلا ةداملا نيناوقلا ماكحأ لومعملا حئاوللاو دري مل ام لك يف اهب يف صاخ صن هيف .قفارملا نوناقلا Matters not covered by this Law are subject to the applicable laws and regulations. The provisions of the laws and regulations applicable in each unless it is specifically provided in the attached law. مقر نوناقلا ىغل ُي يف 1971 ةنسل 65 لاملا رامثتسا نأش قطانملاو يبرعلا كلذب ىغل ُي .ةرحلا فلاخي رخآ صن لك اذه يف درو ام عتمت رمتسيو .نوناقلا قبس يتلا تاعورشملا امب هلظ يف اهرارقإ قوقحلا نم هل ررقت صوصنملا ايازملاو .نوناقلا اذه يف اهيلع Art IV: Law No. 65 of 1971 on Arab Capital Investment and Free Zones is hereby repealed. Any provision contrary to what is stated in the present law is also repealed. Projects approved under said law shall continue to enjoy the rights and privileges specified thereunder (under that law). Art IV: Law No. 65 of 1971 on Arab Capital Investment and Free Zones shall hereby be repealed. Any provision contrary to what is stated in the present Law shall also be repealed. Projects approved under said law shall continue to enjoy the rights and privileges specified thereunder (under that law). (Continued) 146 Arabic–English–Arabic Legal Translation STTT (1) TT (2) لاملا ليوحت متي ىلإ رمثتسملا رصم ةيروهمج ةداعإو ةيبرعلا ليوحت كلذكو هريدصت ىلإ ةققحملا حابرلأا ماكحلأ ا ً قفو جراخلا كلذو نوناقلا اذه دقنلل نلعم رعس ىلعأب ليوحتلل لباقلا يبنجلأا تاطلسلا ةطساوب .ةصتخملا ةيرصملا Investor money is transferred to the Arab Republic of Egypt and the re- export as well as the transfer of profits earned abroad and in accordance with the provisions of this law, and that the highest rate of foreign exchange declared convertible by the Egyptian authorities competent. Invested capital shall be duly transferred to, and repatriated from, the Arab Republic of Egypt, and profits generated therefrom shall be duly transferred in foreign currency abroad in accordance with the provisions of this Law, at the highest rate prevailing and declared for free foreign currency by the competent Egyptian Authorities ST: http://2daya.blogspot.co.uk/2012_07_08_archive.html TT (1) and TT (2) are adapted from:

Exercise 11:

Translate the following text into Arabic: Founding Principles 1. The Constitution of the Federal Republic of Somalia is based on the foundations of the Holy Quran and the Sunna of our prophet Mohamed (PBUH) and protects the higher objectives of Shariʿah and social justice.

 2.

The Federal Republic of Somalia is a Muslim country which is a member of the African and Arab Nations.

 3.

The Federal Republic of Somalia is founded upon the fundamental principles of power sharing in a federal system. 4. The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consulta- tive and inclusive government, the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, effi- ciency and responsiveness to the interests of the people. Article 35. The Right of the Accused 1. The accused is presumed innocent until proven guilty in a final manner by a court of law.

 2.

Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language which the person understands.

 3.

Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation.

 4.

Every person may not be compelled to self- incriminate, and a verdict may not be based on evidence acquired by means of coercion.

 5. Every person who is arrested has the right to be brought before a capable court within 48 hours of the arrest. (Continued) Analysis of Arabic–English–Arabic texts: syntactic level 147  6. Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the government must appoint a legal practitioner for him or her.

 7.

Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial.

 8.

The accused has the right to be present at their trial.

 9.

The accused has the right to challenge the evidence presented against him or her.

10.

The accused has the right to an interpreter if the accused person does not under- stand the language being used in the court.

Exercise 12: Translate the following texts from a Power of Attorney (A) and from an Acknowledgement (B) into Arabic:

Text A Power of Attorney Know all men by these present by this power of attorney That I Mr .. . . DOB . . . of Derby, United Kingdom, holder of British Passport No . . . and citizen of the United Kingdom.I through this POWER OF ATTORNEY hereby authorize, appoint and constitute Mr. . . . Residence permit No: . . . Jeddah, Somali national as my true and lawful General Attorney in respect of registering my son’s birth and to do following acts, deeds & things on my behalf:

. . .

IN WITNESS WHERE OF Mr. . . . executed this deed on the day first above written Signed and delivered by the said Principal Mr. . . .

In presence of:

Witness: Solicitor’s Stamp Text B Acknowledgement I hereby acknowledge that all the data and information herein above stated are valid and that all documents and instruments submitted are valid and legal. I also declare liability for the programs, database and contents thereof and that same do not infringe upon the intellectual rights of others. I declare full liability if any or part of the above mentioned information is proved to be invalid with no liability whatsoever on part of the Intellectual Rights Protection Office and staff thereof.

Name:

Signature: