Translation of the islamic family law: terminological problems and socio-cultural elements

Abstract

The legal translation of Arabic texts demands knowledge of elements outside linguistics. Compared to other branches of law, mainly influenced by the law in the colonising country at the time, private law in the Arab countries has a two-fold influence: common law or continental law as inspiration for public life matters, and Islamic law for the regulation of private life. As a result, countries with an Islamic majority adopted different personal status codes to regulate legal matters and acts which govern human relations. The asymmetry between legal systems raises terminology- related questions, as there are no complete equivalences and, in many cases, no vocabulary in the target language to match such distant sociocultural realities. Various techniques are used in an attempt to solve these issues, such as coining neologisms, using loan words, employing calques, etc. Furthermore, the globalisation process has led to Islamic family law crossing borders, making it now a necessity rather than just an academic subject for Arabists.