Legal Translation 2019 Level 4-1 PDF

Translation
level 4
Legal Translation
Arabic-English-Arabic
Ali Almanna
2
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© Ali Almanna. 2017
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of the authors.
Cover designed by Sara Al Fakhri

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3
Contents
Chapter 1 Introduction 4
Chapter 2 Syntactic features 12
Chapter 3 Modality 28
Chapter 4 Contractual obligations 36
Chapter 5 Crimes 54
Chapter 6 People & Law 68
Chapter 7 Tort 84
Chapter 8 Decrees & Constitutions 95
References 108
4
CHAPTER ONE
INTRODUCTION
5
Translating legislative texts is different from other types of translation as it

requires the translator to be an insider in both cultures and systems, i.e. s/he
needs to be an insider in the source-language culture and system in order to
understand, and an insider in the target-language culture and system in order
to encode the socio-cultural experiences in the target language (for more
details on the perspective of insider/outsider, see Almanna 2014: 55-59).
Overview
The interest of linguists in English legal discourse is relatively recent and
regretfully scarce as yet. From both Mellinkoff (1963) and Crystal and Davy´s
(1969) attempts towards systematization in the sixties, up to the modern
studies carried out by Bhatia (1993) on legislative texts, by Kurzon (1986) on
cohesive structures and, in Spain, by Alcaraz (1994) on the peculiarities of the
English legal structure and its language, among others, the emphasis has been
increasingly placed on the need to define and describe the legal discourse in
its own context. Therefore, far from considering the legal text solely from its
grammatical and semantic point of view, and, no doubt, influenced by the
pragmatic flavour of other previous multidisciplinary analyses (see Danet,
1980 and O´Barr, 1982 for example), the objective of these studies has taken
into account the extra-linguistic purposes of the text itself.
Bhatia in Sabrah (2003:15) classifies legal writing into three main types:
1. ‘Academic legal writing’, which includes the language of academic
magazines, books specified for teaching law, and others.
2. ‘Juridical writing’, which covers judgements issued by courts, the
books which deal with legal cases, reports in that respect, etc.
3. ‘Legislative writing’, which encompasses a wide range of writing,
such as legal documents, contracts, conventions, treaties, decrees,
orders and others.
This book will concentrate on the three types of legal writing, paying extra
attention to the last type which has “acquired a certain degree of notoriety,
rarely equalled by any other variety of English” (Bhatia, 1993:101). In any
variety of language, there are some social factors that affect people‟s choice
of language. Among these factors, as Holmes (2001) points out, are the
relationship between the participants, the setting or the context in which the
language is used, communicative purpose and the topic. Like other varieties
of language, legal language includes a wide range of genres depending on the
social factors mentioned above. So, for instance, when the relationship is
6
between a solicitor and a client at the solicitor‟s office during working hours
to discuss a legal matter, we will have a certain genre, which is definitely
different from that between, for example, a judge and a witness giving his/her
testimony in a court case. Accordingly, a conclusion can be drawn that legal
writing covers several genres, one of which is legislative writing, in which the
communicative purpose, relationship, setting and topic are totally different not
only from those of other varieties of language, but from those of other genres
within the legal language itself.
In what follows, we will concentrate on the most important features that
distinguish legislative writing from other legal writing, on the one hand, and
from other varieties of language, on the other. These features are the
communicative purpose, the position of the draftsman and the readership.
Communicative purpose
By examining all types of legislative writing, one can easily recognize that it
is a type of writing whose function is to impose obligation and prohibition,
confer rights and give permission, etc. So, the general function of such a kind
of writing, according to Hymes' classification 1 of language function (in
Jakobson, 1991), is directive (giving instructions to the addressee).
Legislative writing, as Bhatia (1993:102) indicates, is “highly impersonal and
decontextualized, in the sense that its illocutionary force holds independently
of whoever is „the speaker‟ (originator) or „the hearer‟ (reader) of the
document”.
The process of writing & draftsman’s position

Beyond this, legislative writing, as Bhatia (ibid) points out, differs from other
varieties of language not only in the communicative purpose, but in the way
in which it is created as well. In any other kinds of written language, the
originator and the writer of the text are embodied in one person, but in the
legislative writing the writer, which is the draftsman, will not be the originator
of the legislative provision. In other words, in the legislative writing, there are
two stages: a text has to be originated, which is from the deliberations of
parliament and then the text should be written in a specific way, which is done
by the draftsman. So, what is intended by the originator is not necessarily the
same that the writer conveys in his/her way of writing the provisions. In order
1
Jakobson (1991) adds three functions, namely poetic, phatic and metalinguistic, to Buhler's
(1990) three functions: informative, expressive and persuasive. Hymes (in Jakobson) adds a
seventh function, which is the contextual function and modifies the classification. So, the
seven functions are referential, emotive, directive, phatic, poetic, metalinguistic and
contextual.
7
to avoid such situations, draftsmen have to endeavour to use, what Bhatia

(ibid: 103) refers to as, “linguistic and discoursal strategies” to make their
writing not only “clear, unambiguous and precise”, but also “all-
inclusiveness”. This definitely makes the task of the draftsmen more difficult
than that of those who are able to write down their own ideas, and for whom
there is, to a considerable extent, a degree of freedom in directing and
determining the aspects of the text that they write.
Readership
One of the crucial factors that play a significant role in determining the final
shape of the TT is “the translator‟s need to take into account the target
reader‟s expectations. This requires translators to take a number of
fundamental decisions concerning the levels of acceptability and
accessibility” (Almanna 2014: 108). The TT acceptability does not “depend
on how closely it corresponds to some state in the world”, but rather on how
the target readers access the TT and decide on its reality “whether believable,
homogenous or relevant” (Baker 1992: 2019). To this end, the translator
needs to render the “exact contextual meaning of the ST [...] through the
medium of a TL which is acceptable to the TL reader and easily understood
by him” (Adab 1997: 9-10). Hall (2008: 23) writes:
To achieve effective communication, the translator needs to take account of
the cognitive and cultural environment of the targeted language community
and its likely expectations of the transmitted text and make his/her translation
as informative and accessible as possible.
In legislative writing the readership is completely different from other
varieties of language in the sense that in the case of legislative writing, “the
document is meant for ordinary citizens; but the real readers are lawyers and
judges, who are responsible for interpreting these provisions for ordinary
citizens” (Bhatia, 1993:103). As a result, we can say the readership with
regard to legislative writing has two types of readers: the document is meant
for ordinary people but the real readers are those people expert in law.
Consider the following diagrams that show the differences between legislative
writing and other varieties of language:
8
originator writer text author text
(Parliament) (draftsman)
(document)
lawyers and Readership lay

judges people
Readership
lay people
(a) Legislative (b) Other Texts

textTexts
Diagram: Communicative purpose and readership
Terminology
One of the main characteristics of legislative writing is the use of archaic
words and expressions to add a formal nature to the language in which they
occur (cf. Alcaraz Varó and Hughes, 2002:5). Pople (1998: 62) points out that
there is a strong relationship between "formality and the older English". So,
words like herein, hereof, hereafter, thereon, therewith, whereof, etc. are not
used in other varieties of English any more, but they are still heavily used in
legal language. By way of clarification, let us consider the following
examples:
Hereby refers to the document in which it is used, thus
lending itself to ‫عت ٘زا اٌؼمذ‬ّٛ‫ ث‬, ‫خ‬١‫عت ٘زٖ االرفبل‬ّٛ‫ث‬, etc.
The Landlord hereby may enter the dwelling without Tenant's consent in
case of emergency. (adapted from in Sabra, 2003: 29)
9
The States parties shall take effective measures to prevent such acts and
shall regard the practice thereof, or participation therein, as a punishable
offence. (adapted from El-Farahaty, 2015: 102)
Thereof and therein refer to certain acts mentioned in the
document, thus lending themselves to ‫ (ِّبسعخ) ٘زٖ اٌزقشفبد‬and
‫ب‬ٙ١‫ (اٌّغبّ٘خ) ف‬respectively.
EX: The following examples are extracted from Sabra (2003) along with their
translations. Translate the archaic words highlighted for you:
The Contractor shall not assign the
Contract or any part thereof, or
benefit or interest therein or
thereunder, without the prior
consent of the Employer. (p. 19)
Both parties hereby agree as follows: :

(p. 30)
The Contractor shall be deemed to

have inspected the Work Site and the
surroundings thereof and to have
read all available information in
connection therewith. (p.30)
David and Davy (1969:207/8) indicate that the reason for the use of such
archaic words and expressions is just a matter of tradition and they provide us
with an interesting example: 'witnesseth' ending with the suffix (-eth), which is
used in old English to refer to a third person singular. Using such an archaic
suffix '-eth' despite the fact that there is a modern suffix (-s/es) that can be
used instead, indicates that it is really just a matter of tradition, on the one
hand, and to add a touch of formality to the language in which they occur, on
the other. In addition to using archaic expressions, there is a tendency to use
more than one lexical item to stand for one referent. Typical examples of this
include
! made and entered into ‫ رحشس‬ٚ‫ز أ‬١‫ّض اٌزٕف‬١‫دخً ح‬ٚ َ‫أُثش‬ !

! under and in accordance ‫ب ِغ‬١‫رّؾ‬ٚ )ٝ‫ ثّمزن‬ٚ‫عت (أ‬ّٛ‫ث‬ !
with
! goods and chattels ‫اٌغٍغ‬ٚ ‫اٌجنبئغ‬ !
10
! true and correct ‫ح‬١‫فح‬ٚ ٟ‫م‬١‫حم‬ !

! null and void ً‫ثبى‬ٚ ‫الؽ‬ !
! acknowledge and confess ‫ؼزشف‬٠ٚ ‫م ّش‬٠ !
! safe and sound ُ١ٍ‫ع‬ٚ ِْٛ‫ِأ‬ !
! unless and until ْ‫ أ‬ٌٝ‫إ‬ٚ ٌُ‫ِب‬ !
! save and expect ‫ثبعزضٕبء‬ٚ ‫ّب ػذا‬١‫ف‬ !
! fraud and deceit ‫خذاع‬ٚ ‫غؼ‬ !
! shun and avoid ٝ‫زحبؽ‬٠ٚ ‫زغٕت‬٠ !
! act and deed ً‫فؼ‬ٚ ًّ‫ػ‬ !
! shall be and remain ً‫ظ‬٠ٚ ْٛ‫ى‬٠ !
! each and every ًّ‫و‬ !
! free and clear of ِٓ ‫خبي‬ !
! made and signed )َ‫ أُثش‬:ٚ‫رحشس (أ‬ !
! deem and consider ‫ؼزجش‬٠ٚ ‫ؼ ّذ‬٠ !
! keep and maintain ٍٝ‫حبفظ ػ‬٠ٚ ٟ‫جم‬٠ !
Williard (in Sabrah, 2003) points out that the use of these couplets results
from both the draftsmen's desire to write in an elegant style and the tradition
that is followed in writing legal documents.
This Agreement may not be

altered, amended, changed or
modified unless the same shall be
agreed in writing and signed by the
party to be charged. (p. 35)
Tenant = lessee
Tenant shall dispose from the
dwelling unit all ashes, rubbish,
garbage and other waste in a
clean and safe manner.
This agreement made and entered

into this day of … by and between,
the party of the first part, and, the
party of the second part …
The party of the first part = the

first party ‫ي‬ٚ‫اٌيشف األ‬
11
Your glossary
CHAPTER TWO
SYNTACTIC FEATURES
Ali Almanna Legal translation 13
One way of describing legal language is to point out the linguistic features of
the legal language at different levels: lexical, syntactical and discoursal etc.
Crystal and Davy (1969), Bhatia (1993), Tiersma (1999) and many others
have worked along these lines. In this chapter, an attempt will be made to
outline the main syntactic features of legal language.
Syntax is the study of the structure of sentences. Syntacticians describe how
words are put together to form phrases, clauses and sentences. For example, ‘I
bought a book two days ago’ is embedded as a relative clause in the sentence,
‘The book that I bought two days ago is quite valuable or interesting’.
In legal English, “syntactic features are probably more distinctive of legal

English than are lexical ones, and certainly account for more of the difficulties
of lay persons in comprehending it” (Danet, 1985:281). She identifies eleven
of such features: „nominalization‟, „complex prepositional phrases‟, „sentence
length and complexity‟, „unique determiners‟, „impersonality‟, „negatives‟,
„passive constructions‟, „whiz deletion‟, „conditionals‟ „binomial expressions‟
and „parallel structures‟. These syntactic features and other features such as
„syntactic discontinuities‟ and „punctuation‟ will be discussed in detail in the
chapter.
Sentence length and complexity

Legislative texts are characterized by the abundant use of long and complex
sentences (cf. Crystal and Davy 1969: 200-201; Danet 1985: 281; Bahatia
1993:111; Farghal and Shunnq 1992: 204; Rylance 1994: 18; Alecaraz and
Hughes 2002: 18-19; Stanojević 2011: 72; Janulevičienė and Rackevičienė
2011: 143 among others). A legislative English sentence can stretch over a
number of lines, thus forming one whole paragraph. The length and
complexity of these legislative sentences result from the use of both
coordinating and subordinating clauses as well as reduced and embedded
clauses with heavy use of modifications, prepositional phrases, long noun
phrases and the like (Stanojević 2011: 72). In this regard, Janulevičienė and
Rackevičienė (2011: 134) rightly comment:
The complexity of long sentences in written legal English is often enhanced
by yet another grammatical trait, namely, several embeddings of different
syntactical nature [...].
By way of explanation, let us consider the following example quoted from
Hatim et al. (1995: 176-177):
14 Chapter two: Syntactic features
The verb to assume, which means here to take or begin to have power or
responsibility, is different from to resume which means to begin to do or
pursue an activity, etc. again after a pause or interruption.
If the Contracted Party fails to assume the

duties of his post in accordance with the
Ministry's instructions and without a
legitimate excuse within one month of his
signing the contract, the Ministry may cancel
the contract which will then become null and
void. In this event the Ministry shall notify
the Contracted Party of this in writing and he
shall have no claims regarding the Ministry.
‫صاسح‬ٌٍٛ ‫ عبص‬... ‫إرا‬
This example clearly explains that “embeddings serve the striving for stating
the whole legal principle in a single sentence” (Janulevičienė and
Rackevičienė 2011: 144). Being motivated by the desire to include all
possibly arising circumstances, the draftsman uses a number of embeddings,
thus creating “vagueness for a layperson reader, but is highly valued for
accuracy and precision by legal professionals” (Ibid).
Following is another example quoted from Hatim et al. (1995: 178-179):

If one of the two parties does not wish
to renew the contract this party must
notify the other party of this in writing
at least two months prior to the expiry
of the contract, otherwise the contract
shall by force of law be renewed for a
similar period.
ٗ١ٍ‫عت ػ‬ٚ ... ‫إرا‬
Complex prepositional phrases
One of the striking features in legal English in general and in legislative
writing in particular is the use of, what Quirk et al. (1985: 302; also discussed
in Bhatia 1993: 107; Danet 1985: 282; Almanna 2005: 55) refer to as, a
'complex prepositional phrase' instead of a simple preposition. For Bhatia
(1993:107) complex prepositional phrases are used in place of simple
prepositions to avoid ambiguity that might be derived from the use of the
simple ones. Similarity, in this text type, priority is given to clarity, precision
and all-inclusiveness at the expense of naturalness (for more details, see

Almanna 2005: 55).
Complex prepositional phrases Simple prepositions
 by virtue of instead of by
 in consideration of instead of for
 for the purpose of instead of for
 in accordance with instead of according
 in the course of instead of during
 with the exception of instead of except
 in respect of instead of concerning
 with regard to instead of regarding
In addition to their high frequency in legal texts, the complex prepositional

phrases “are often misplaced” (Danet 1985:282) ‫ ـــ‬they are usually placed
between the subject and predicate of a sentenc. By way of explanation, let us
consider the following example quoted from Agreement between the State of
Kuwait and the Republic of Austria for the Encouragement and Reciprocal
Protection of Investment:
Article 2 2
‫ب‬ٙ‫ي ث‬ّٛ‫اٌّيجمخ = اٌّؼ‬
Each Contracting State shall in its
territory and in accordance with its
applicable laws and regulations
encourage and admit investment and
associated activities by investors of
the other Contracting State …
Following is another example quoted from Hatim et al. (1995: 186-187):
At the expiry of the period of lease,

and in the event that the contract is not
renewed as referred to in this clause,
the lessee must obtain a written
receipt from the lessor stating that the
lessor has received intact the rented
property and its accessories. In the
event of the lessee vacating the rented
property at the expiry of the period of
lease and having notified the lessor of

this three months prior to the expiry of
this lease he/she may repair this and
claim the costs from the lessee. The
lessor is deemed to be trustworthy in
his account of the fault, the harm or
the damage, and the costs of repairing
these, and does not have to provide
any evidence as he is to be trusted
without recourse to any oath.
EX: Identify any complex prepositional phrase and replace it with a simple
one if possible:
Whereas I am the owner of the

immovable properties in accordance with
the enclosed registration certificates and
have agreed to sell my above mentioned
shares in consideration of and for … to
the buyers whose names and shares listed
below, I request the completion of the
selling transaction in accordance with the
above-mentioned details.
Having perused a number of legal documents, we have found that the

following prepositional phrases are quite often used:
at Is it ‫بس‬١‫ اِخز‬or ‫بس‬١‫ ?إخز‬Why?
at the choice of ‫بس‬١‫ثبخز‬
at the rate of ‫ثّؼذي‬
at the request of ‫ ىٍت‬ٍٝ‫ثٕبء ػ‬
Is it ٍٝ‫ ثٕبءً ػ‬or ٍٝ‫?ثٕبءاً ػ‬
for
for a period of ‫ٌفزشح‬
for the commencement of ‫خ‬٠‫ ثذا‬ٟ‫ف‬
for the purpose(s) of ‫ألغشاك‬
for the sake of ً‫ِٓ أع‬
in
in accordance with ‫ىجمبً ٌـ‬
in conformity with ‫فمبً ٌـ‬ٚ

in agreement with ‫رٕبغّبً ِغ‬/‫ ِغشاح ٌـ‬/‫بً ِغ‬١‫رّؾ‬/‫بً ِغ‬١‫رّبؽ‬
in connection with ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
in connexion with ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
in consideration of ‫ّخ‬١‫ثم‬
in consultation with ‫س ِغ‬ٚ‫ثبٌزؾب‬
in cooperation with ‫ْ ِغ‬ٚ‫ثبٌزؼب‬
in favour of ‫ٌقبٌح‬
in lieu of ٓ‫ثذال ػ‬/ِٓ ‫ثذال‬
in line with ‫رٕبغّبً ِغ‬/‫ِغشاح ٌـ‬/‫بً ِغ‬١‫رّؾ‬/‫بً ِغ‬١‫رّبؽ‬
in need of ٌٝ‫ثحبعخ إ‬
in place of ٓ‫ ثذال ػ‬/ِٓ ‫ثذال‬
in preparation of ‫شاً ٌـ‬١‫ رحن‬،‫ذاً ٌـ‬١ّٙ‫ر‬
in pursuance of ٍٝ‫ثٕبء ػ‬/‫ػّالً ثـ‬
in relation with ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
in respect of ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
in terms of ‫ش‬١‫ِٓ ح‬
in the course of ‫أصٕبء‬
in the determination of ‫ٌٍفقً ثـ‬
in the exercise of ‫ ِّبسعخ‬ٟ‫ف‬
in the field of ً‫ حم‬ٟ‫ف‬/‫ ِغبي‬ٟ‫ف‬
in the light of ‫ء‬ٛ‫ م‬ٟ‫ف‬
in the name of ٓ‫بثخ ػ‬١ٔ /ُ‫ثبع‬
in the presence of ‫س‬ٛ‫ثحن‬
in view of ‫ٔظشاً ٌـ‬
in violation of ‫ً ثـ‬ّ ‫خ‬٠
on
on behalf of ٓ‫بثخ ػ‬١ٔ
on the basis of ٍٝ‫ثٕبء ػ‬/‫ أعبط‬ٍٝ‫ػ‬
on the grounds of ‫ثحغخ‬
on the pretext of ‫ؼخ‬٠‫ثزس‬
with
with a view to ْ‫خ أ‬١‫ثغ‬
with emphasis on ٍٝ‫ذ ػ‬٠‫ِغ اٌزؾذ‬/ٍٝ‫ذاً ػ‬١‫رأو‬
with regard to ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
with respect to (also: in respect ‫ؿ‬ٛ‫ثخق‬/ْ‫ثؾأ‬/‫خزـ ثـ‬٠ ‫ّب‬١‫ف‬/ّ‫خـ‬٠ ‫ّب‬١‫ف‬/‫زؼٍّك ثـ‬٠ ‫ّب‬١‫ف‬
of)
with the aim of ‫ذف‬ٙ‫ث‬
with the approval of ‫افمخ‬ّٛ‫ث‬
with the assistance of ‫ٔخ‬ٚ‫ثّؼب‬/‫ثّغبػذح‬
with the consent of ‫ثشمب‬

with the exception of ‫ثبعزضٕبء‬
with the exclusion of Is it ‫ اِعزضٕبء‬or ‫?إعزضٕبء‬ ‫ثبعزضٕبء‬
with the grade of Why? ‫ثذسعخ‬
with (the) intend of ‫ثمقذ‬/‫ّخ‬١ٕ‫ث‬
with the intention of ‫ثمقذ‬/‫ّخ‬١ٕ‫ث‬
with the object of ‫ذف‬ٙ‫ث‬
with the support of ‫ِغبٔذح ٌـ‬/‫ثّغبٔذح‬
Moreover, legislative writing sometimes includes both types of prepositional

relationship using a complex prepositional phrase and a simple preposition,
joined by some syntactic devices, such as 'and' or 'or', for instance:
 In consideration of and for
 Under and in accordance with
 By virtue of and by
Whiz Deletion
It refers to the deletion of the relative pronoun, such as who, which or that,
and a form of the verb to be (cf. Dámová 2007: 20). When the relative
pronoun along with verb to be is left out, the relative clause is called 'a
reduced clause'. By way of explanation, let us consider the following example
quoted from a treaty between the State of Bahrain and the government of the
United States of America:
Article 9 9
For the purposes of this Treaty, an
investment dispute is a dispute between a
Party and a national or company of the
other Party [which is] arising out of or
[which is] relating to an investment
authorization, an investment agreement
or an alleged breach of any right [which is]
conferred, created or recognized by this
Treaty with respect to a covered
investment.
Following is another example adapted from Sabra (2003: 124):

The Employer [which is] named in the

ITB Data Sheet invites bids for the
construction of the works, as [it is]
defined in these documents, [which
are] referred to as 'the Works'.
Is it ُ‫ اع‬or ُ‫ ?إع‬Why?
Passive constructions
Passive forms are overused by legal writers because of its useful indirectness
and formality. It comes in handy when the author strategically prefers not to
mention the agent of the action, or when the text can apply to more than one
possible agent (Tiersma, 1999:74-77). The following example quoted from
the Universal Declaration of Human Rights will illustrate this point:
Article 1 1 ‫المادة‬
All human beings are born free and equal
in dignity and rights. They are endowed
with reason and conscience and should
act towards one another in a spirit of
brotherhood. .
= has the right to

Article 2 2
Everyone is entitled to all the
rights and freedoms set forth in
this Declaration, without
distinction of any kind, such as
race, colour, sex, language,
religion, political or other
opinion, national or social
origin, property, birth or other
status.
EX: The following texts are extracted from Hatim et al. (1995: 176-177).
Change any sentence in the active form to passive:
The Ministry shall provide the Contracted
Party and his dependents with the following
air tickets:
- From his home country to the -
Kingdom at the beginning of the
contract unless he is resident in the

Kingdom at the time of his
appointment.
- Return tickets from the Kingdom to -

his home country once every year
during the period of the contract and
when he is permitted a normal leave.
Passive
______________________________________________________________
______________________________________________________________
______________________________________________________________
The Ministry shall pay the Contracted Party

a housing allowance equivalent to three
months salary. This allowance shall be paid
in a hump sum annually and in advance at
the commencement of the contract …
Is it ٍ‫ارت‬ٚ‫ صالصخ س‬or َ‫ارت‬ٚ‫?صالصخ س‬
Discuss.
Is it three months salary or a
three-month salary?
Passive
______________________________________________________________
______________________________________________________________
______________________________________________________________
The Contractor shall not purchase ‫ي ثؼذَ ؽشاء‬ٚ‫ذ اٌّمب‬ٙ‫زؼ‬٠

products or services without prior
approval from the owner. .
Passive
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Nominalization
Nominalization refers to the act of changing another part of speech, such as an
adjective, verb, etc., into a noun by adding certain suffixes, such as –tion, –
ment, –dom, –ance, and so on, as in:
! free >> freedom
! legalize >> legalization
! authorize >> authorization
! found >> foundation
! pay >> payment
! inform >> information
! provide >> Provision
! accept >> acceptance
Nominalization is frequently used in legislative writing in order for law to "be
stated as broadly as possible" (Tiersma, 1999: 78). By way of explanation, let
us consider this example extracted from The Preamble to the Human Rights
Charter:
Whereas recognition of the inherent
dignity and of the equal and
inalienable rights of all members of
the human family is the foundation of
freedom, justice and peace in the
world,…
EX: Identify the verbs used in Arabic and compare them with their
equivalents in English. Can you change some of them to nouns?
All improvements made by the Lessee

to the building which are so attached to
the Building that they cannot be
removed without causing material
injury to the Building shall become the
property of the Lessor upon termination
of this lease.
Non-finite clauses
Closely related to nominalization is the issue of non-finite clauses. To
understand non-finite clauses, let us first distinguish between finite verbs and
non-finite verbs. Generally speaking, the forms of finite verbs indicate tense,
person and number and non-finite verbs do not indicate tense, person and
number. In English, for example, a verb has three non-finite forms, viz.
 Infinitive: I have moved to another city to find a job. (to find = non
finite verb) so that I can
find > to find
 Past participle: The question asked by you was very difficult. (asked =
non-finite verb)
which was
asked > asked
 Gerund: Having cleaned my flat, I went out. (having = non-finite verb)
After I
had cleaned > Having cleaned
EX: Determine whether the underlined verbs in the following agreement

between the government of Ireland and the government of the United
Kingdom of Great Britain and Northern Ireland are finite or non-finite:
The British and Irish Governments:

Welcoming the strong commitment to the Agreement reached on 10th
April 1998 by themselves and other participants in the multi-party talks
and set out in Annex 1 to this Agreement (hereinafter “the Multi-Party
Agreement ”);
Considering that the Multi-Party Agreement offers an opportunity for a
new beginning in relationships within Northern Ireland, within the island
of Ireland and between the peoples of these islands;
Wishing to develop still further the unique relationship between their
peoples and the close co-operation between their countries as friendly
neighbours and as partners in the European Union;
Reaffirming their total commitment to the principles of democracy and
non-violence which have been fundamental to the multi-party talks;
Reaffirming their commitment to the principles of partnership, equality and
mutual respect and to the protection of civil, political, social, economic and
cultural rights in their respective jurisdictions;
HAVE AGREED as follows:
 In the above text, welcoming, considering and wishing to lend

themselves to ْ‫إر رشحجب‬, ‫إر رأخزاْ ثٕظش االػزجبس‬ٚ and ْ‫إر رشغجب‬ٚ
respectively.
 Similarly, reaffirming in reaffirming their total commitment can be
translated as َ‫ّب اٌزب‬ِٙ‫ذ اٌزضا‬٠‫إر رؤوذاْ ِٓ عذ‬ٚ.
It is worth noting that these non-finite clauses cannot stand alone as they are
dependent clauses serving as a subject or complement to a verb, preposition,
noun, etc.
Now, let us change the following underling clauses to non-finite clauses.

1. After the contractor's tender is accepted, the contractor shall submit a
work programme.
___________________________________________________________
___________________________________________________________
2. The man who was arrested by the police yesterday was found guilty.
___________________________________________________________
___________________________________________________________
3. In the absence of any brothers or nephews, the throne shall pass to the
uncles and their descendants according to the order which is
prescribed in paragraph (b) above.
___________________________________________________________
___________________________________________________________
Conditionals
Conditionals are indicated by such syntactic indicators as
! If ‫إرا‬
! In case ‫ حبٌخ‬ٟ‫ ف‬،‫ حبي‬ٟ‫ف‬
! In the event ‫ حبٌخ‬ٟ‫ ف‬،‫ حبي‬ٟ‫ف‬
! Should ‫إرا‬
! Subject to ‫ ؽشه‬ٍٝ‫ ػ‬،‫يخ‬٠‫ ؽش‬،‫ثؾشه‬
! Provided (that) ‫ ؽشه‬ٍٝ‫ ػ‬،‫يخ‬٠‫ ؽش‬،‫ثؾشه‬
! Providing (that) ‫ ؽشه‬ٍٝ‫ ػ‬،‫يخ‬٠‫ ؽش‬،‫ثؾشه‬
! On condition (that) ‫ ؽشه‬ٍٝ‫ ػ‬،‫يخ‬٠‫ ؽش‬،‫ثؾشه‬
! So long as ‫ىبٌّب‬
! As long as ‫ىبٌّب‬
! Whereas ‫ٌّّب‬
! Wherever ‫وٍّّب‬
Conditionals are used for different reasons, for example, to specify who is
included in a certain term, in particular when there are more people
concerned. Let us discuss the following example quoted from Hatim et al.
(1995: 176-177):
The Contracted Party shall be entitled

to a fully paid normal leave of forty-
five days for each full year of service.
The summer leave regarding teachers

shall be considered as normal leave.
During the leave the Ministry may
charge them with duties related to
their work provided that the leave
enjoyed by the teacher is not less than
forty-five days annually.
‫ أْ ال‬ٍٝ‫( ػ‬also ‫ أال‬ٍٝ‫ )ػ‬means ‫ ثؾشه‬or ْ‫يخ أ‬٠‫ؽش‬, thus lending itself to
provided that, providing, etc.
Following are two examples adapted from Sabra (2003: 38-9):
Can we say ٞ‫ذفغ اٌّؾزش‬٠ in place of ‫ذفغ‬٠ ْ‫ أ‬ٞ‫ اٌّؾزش‬ٍٝ‫ّٓ ػ‬١‫زؼ‬٠? Discuss.
The Buyer shall pay 5% interest on all 5

the installments for which the
payments are in default.

In the event that the default is not 30
cured within 30 days from the due
date, then the Seller shall have the
right to determine this Agreement.
Landlord shall have the right, subject

to Tenant's consent, to enter the
dwelling unit to inspect the premises
provided that landlord may enter the
dwelling unit without tenant's consent
in case of emergency.
EX: Use the following structure 'if …., then …' or any similar structure to
complete these translations:
If the Buyer pays off all his

obligations, and the Seller is unable
to deliver possession of the
purchased property on the
completion day, then the Buyer may
_____________________________
_____________________________.
In the event that the Seller is unable

to ___________________________ 60
______________________________
______________________________
______________________________
He shall not be entitled to sick leave _

_______________________________
_______________________________
EX: Identify the provisionary clause, that is, the main elements of the
sentence. Then, complete the suggested translation, paying extra attention
to the other elements of the sentence.
______________________ ______________________ , Landlord may

______________________, apply or retain all or any part of the security
deposit for the payment of any rent in default, or any other liabilities which
landlord may incur ______________________ or
______________________ Tenant's default.
Unique Determiners
In legislative writing, in place of using demonstrative pronouns, words such
as such and said are frequently used to simply mean this, these, the, the
particular, the one that is being concerned and no other, and so forth. Let us
consider these examples quoted from Sabra (2003: 39):
The said party of the second part

hereby agrees to purchase said
premises at said consideration of …
Is it ٍ‫ف‬١ٌ‫خ رىب‬٠‫ أ‬or َ‫ف‬١ٌ‫خ رىب‬٠‫?أ‬

Why?
If the Contractor incurs any further
costs …, then the Employer shall take
such costs into consideration.
Your glossary
CHAPTER THREE
MODALITY
Ali almanna Legal translation 29
Modality refers to the language use‟s attitudes, opinions or moods towards

what happens, towards what exists in the outside world, towards the truth of
an utterance or towards the event described by that utterance. Modality in
language falls into two main categories (Halliday, 1970; Lyons 1977; Perkins
1983; Huddleston 1984; Farghal, M. and Shunnaq, A. 1999; Jarjour 2006
among others):
1. deontic modality
The term „deontic‟ comes from Greek where the word „deon‟ means „duty‟,
„necessity‟, „obligation‟, etc. it is normally used to affect the situation; it is
obligation/necessity orientation. In other words, it describes how things ought
to be. However, some scholars (cf. Downing & Locke 1992; Farghal and
Shunnaq 1999; Jarjour 2006) state that deontic modality is also concerned
with the concept of „permission‟.
You have to visit your family.

You may go. obligation/necessity
permission
2. epistemic modality
The word „epistemic‟ comes from Greek where the word „epistemikos‟ means
„to understand‟ or „to have knowledge‟. It refers to understand or have
knowledge. Epistemic modality is concerned with the degree of the language
user‟s commitment to the truth of the proposition (cf. Downing & Locke
1992; Farghal and Shunnaq 1999; Jarjour 2006).
He’s studied well; he should pass the exam.

should here refers to expectation
Further, there are two sub-types of modality in language. These are: „dynamic
modality‟ and „root modality‟ (cf. Jarjour, M. 2006).
3. dynamic modality
The dynamic modality centres on the concept of „ability‟. So, it has nothing to
do with the language user‟s opinion, attitude or mood.
He can speak English fluently. can refers to ability

30 Chapter Three: modality
Here, the speaker is describing a factual situation about the doer of the action,
i.e. the actor/speaker. So, the modal verb can in this sentence can be replaced
with the modalized phrase be able to.
4. root modality
The root modality is characterized by ambiguity as it combines „dynamic
modality‟ and „deontic modality‟.
Permission
Tom can go to the party.
Ability
Here, the bi-valent modal verb can can be replaced with the modalized phrase
be able to as in Tom is able to go to the party, i.e., „dynamic modality‟ or can
be understood as: ‘Tom is permitted to go to the party’, i.e., „deontic
modality‟ (for more details, see Suzuki 1986: 16–17; Almanna 2016a: 93-99).
Arabic, for its turn, although it does not have a closet, well-defined class of
modals to express such notions as obligation, necessity, lack of necessity,
prohibition, possibility, advisability, ability, permission, request, expectation,
etc. it still has the potential resources to express the speaker/writer‟s attitude,
opinion or mood towards what happens or what exists in the outside world
(Almanna 2016a: 95). In this study, modality in Arabic is classified into four
groups:
1. modalized particles .. ‫ لذ‬،ً‫ ٌؼ‬،‫ف‬ٛ‫ ع‬،‫عـــ‬

2. modalized verbs ،‫عّبت‬ٛ‫ز‬٠ ،ٟ‫ٕجغب‬٠ ،ّٓ١‫زؼب‬٠ ،‫غبت‬٠ ،‫فزشك‬٠ ،‫حك‬٠
،ً‫فنّببب‬٠ ،‫غ‬١‫غبببزي‬٠ ،ً‫ُحزّببب‬٠ ،ٓ‫ُغزحغببب‬٠ ،‫ُبببشعّح‬٠
...‫ُغزجؼذ‬٠ ،‫ُحجّز‬٠
3. Modalized prepositions ... ‫ ٌـ‬،ٍٝ‫ػ‬
4. Modalized prepositional phrases ٓ‫ ِببب‬،‫ ِبببٓ اٌغببببئض‬،ٓ‫ ِبببٓ اٌُّّىببب‬،‫ِبببٓ اٌُّببشعّح‬
ٓ‫ ِببب‬،ً‫ ِبببٓ اٌّحزّببب‬،‫اعبببت‬ٌٛ‫ ِبببٓ ا‬،‫ك‬ٚ‫اٌّفببش‬
ٓ‫ ِببب‬،‫ ِبببٓ اٌّحجّبببز‬،ً‫ ِبببٓ اٌّفنببب‬،‫اٌّغبببزجؼذ‬
... ٖ‫س‬ٚ‫ ثّمذ‬،ّٓ١‫ ِٓ اٌُّزؼ‬،ٓ‫اٌُّغزحغ‬
.
In legal, particularly in legislative texts, a fifth group can be added, i.e. the
simple present tense as it has the ability to express obligation, thus reflecting
the illocutionary force of an order. Consider the following example quoted
from The Law of Income Tax on Companies of 1981 along with its official
translation (emphasis added):
ٞ‫غش‬٠ ،ّّٝ‫ُغ‬٠ 1 ‫اٌّبدح‬

.1981 َ‫ اٌؾشوبد ٌؼب‬ٍٝ‫جخ اٌذخً ػ‬٠‫ْ مش‬ٛٔ‫ ٘زا اٌمب‬ّّٝ‫غ‬٠ُ .1
... ْ‫ وبفخ أٔحبء عٍيٕخ ػّب‬ٍٝ‫ْ ػ‬ٛٔ‫ي ٘زا اٌمب‬ٛ‫ ِفؼ‬ٞ‫غش‬٠ .2
Article 1
1. This Law shall be called The Law of Income Tax on Companies of
1981.
2. This Law shall be effective in all parts of the Sultanate of Oman ...
Translating modality: a cognitive approach
shall be called, shall be effective
Translating modality: a cognitive approach Building on linguistic and

psycholinguistic perspectives, Bell (1991: 20) states that the translation
process mainly happens within „memory‟ in the sense that the transformation
process involves two main phases, namely:
1. semantic, syntactic and pragmatic “analysis of one language specific

text (the source language text…) into a universal (nonlanguage-
specific) semantic representation”; and
2. the synthesis of that semantic representation into the second language-
specific text (the target language text)” (Bell, 1991:20; emphasis his).
Bell‟s approach accounts for translation in terms of information processing

and requires both short-term and long-term memories for the decoding of SL
input and the encoding of TL output (for more details, see Bell 1991: 43-76).
Like Nida‟s (1964) three-stage system of translation, Bell‟s approach takes a
V-shaped movement, albeit using different terminologies. To put this
differently, it follows a top down/bottom-up structure as follows:
1. it starts with the visual recognition of the lexical items of the ST;
2. then it undergoes syntactic parsing in combination with mechanisms
of lexical search processed by a frequent structure analyzer;
3. this is followed by semantic and pragmatic processing to generate a
semantic representation supported by an idea organizer and a planner.
Once the decision to translate is taken at the level of semantic

representation (see the figure below), the input is reprocessed by
synthesizers distributed in pragmatic, semantic and lexico-grammatical
levels to be encoded in a new writing system, thus producing a target text:
By way of illustration, let us consider the following example quoted from the
Law of Income Tax imposed on Companies in the Sultanate of Oman, 1981
along with its official translation:
‫ز أغشاك‬١‫ٓ ٌزٕف‬١‫ظف ِؼ‬ِٛ ٞ‫ك ػٕٗ أ‬ٛ‫ف‬٠ ْ‫شً أ‬٠‫ص‬ٌٛ‫افمخ ا‬ِٛ ٍٝ‫ي ػ‬ٛ‫خش ثؼذ اٌحق‬٢ ‫لذ‬ٚ ِٓ ‫ش‬٠‫ٌٍّذ‬
...ْٛٔ‫عت ٘زا اٌمب‬ّٛ‫ش أفال ث‬٠‫ اٌّذ‬ٌٝ‫ز٘ب إ‬١‫ي رٕف‬ٛ‫و‬ِٛ ‫بد ِحذدح‬١‫ ِّبسعخ فالح‬ٟ‫ْ ف‬ٛٔ‫٘زا اٌمب‬
The Director shall from time to time, having obtained the agreement of
the Minister, appoint any designated officer to carry out the objects of
this Law in the exercise of defined powers of the carrying out of defined
tasks the execution of which was originally entrusted to the Director by
virtue of this Law ….
1. Visual recognition ‫ٌـ‬
2. Identifying the modalized verb, expression, etc. used
3. Identifying the function of modality in the ST
The modalized preposition ‫ ٌـ‬in Arabic is used to indicate a permissive

discretionary act. It can be replaced with modalized verbs, such as ‫ص‬ٛ‫غ‬٠, ‫حك‬٠
depending on the context.
may
4. Mechanism of lexical research
5. Encoding the draft semantically, pragmatically, lexico-grammatically
and stylistically in the TL as in:
Official translation:
The Director shall from time to time, having obtained the agreement of the
Minister, appoint any designated officer to carry out the objects of this
Law in the exercise of defined powers of the carrying out of defined tasks
the execution of which was originally entrusted to the Director by virtue of
this Law ….
Comment:
Taking into account the context and co-text, one would not hesitate to conclude that
the modalized preposition ‫ ٌـ‬is permissive, expressing duties, rather than obligations
or commands. When the modalized preposition ‫ ٌـ‬is paraphrased, its intended
meaning, i.e., ‫„ ٌٗ اٌحك‬to have the right to‟ or ٌٗ ‫حك‬٠ „to be entitled to‟, will be
identified easily (for more details on paraphrasing modal verbs, see Abdel-Fattah
2005: 44). Despite that, the translator opted for the use of the modal verb shall.
In English, the modal verb shall is normally used to express futurity or in the
interrogative forms to express suggestion. However, in legal texts, particularly in
legislative texts, it is often used to express obligation, command and in the negative
forms to express prohibition (cf. Swan 2005: 212-220). As stated earlier, modal verbs
are characterized by ambiguity, contextuality and indeterminacy; therefore, they
should be approached carefully.
Suggested translation:
The Director may from time to time, having obtained the agreement of
the Minister, appoint any designated officer to carry out the objects of
this Law in the exercise of defined powers of the carrying out of defined
tasks the execution of which was originally entrusted to the Director by
virtue of this Law ….
Following is another example quoted from General Sales Text Law No. 11 of
the year 1991 (Egypt):
...
ُ‫جق‬٠ ،‫قذس‬٠ ،ٗ‫ؼًّ ث‬٠ ،‫ٕؾش‬٠
Article (5) This Law shall be published in the Official Gazette and shall
come into force as of the next day of publication. The Minister of Finance
shall, within one month of enforcement, issue the executive regulations
hereof. This Law shall receive the seal of the State and shall come into
force as one of the State Laws …
shall be published, shall come into force, shall issue, shall receive the seal
To reinforce this point, the following example quoted from the Libyan
Commercial Law, Book One (in Practicing Economic Activities, Chapter One,
General Provisions) can be given consideration:
2
‫ريجّك‬
.
.
Article 2 shall be applied

Application of Civil Law
The provisions of the Civil Law shall be applied to the economic activities
which are not provided for in this Law, provided that such provisions shall be
applied in as much as their correspondence with General Principles in this law.
The conditional clause ...َ‫ك ٘زٖ األحىب‬١‫ أْ ريج‬ٍٝ‫ ػ‬has been translated into
provided that such provisions shall be applied …. Here, as can be seen the
modal verb shall has been employed in a conditional clause. Discuss.
EX: Complete the translation of the following article quoted from Agreement
between the State of Kuwait and the Republic of Austria for the
Encouragement and Reciprocal Protection of Investment:
2
1
Article 2
1. ________________________________________________________
________________________________________________________
_____________________________________________________ and
admit investment and associated activities by investors of the other
Contracting State …
EX: Complete the following article quoted from Hatim et al. (1995: 176-177).
If the Contracted Party is stricken with an illness or an injury which

temporarily prevents him from performing his work, ____________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
on half pay, for each full year of service.
Your glossary
CHAPTER FOUR
CONTRACTUAL OBLIGATIONS
Test yourself …
Are you familiar with the following terms/expressions/phrases?
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
contract, contractual obligation, offer, acceptance, the contracting parties, …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Dear instructors: evaluate with your students the English translation of the
following Arabic legal text, paying extra attention to the
technical terms and syntactic structures.
Contract ‫عقد‬
A contract is much more than just an
agreement between two parties as an
agreement must have certain elements
in order to be considered a contract,
such as an offer, an acceptance,
intention to make a legally binding
agreement, and a legal capacity. .
Thus, we can conclude that the elements

of a contract are:
! An offer !
! An acceptance !
! The object of the contract !

! Consideration !
! The legal capacity of the !
contracting parties (a capacity to
contract).
! Mutual obligation !
There are a variety of contracts. Some
of them are conditional while some
others are implied. In the case of
implied contracts, the court should
determine based on certain
circumstances that there is an implicit
agreement between the two parties.
Learn how to deal with

... ‫ٔغزٕزظ‬/‫ِٓ ٘زا ٔغزخٍـ‬ ... ‫ْ ِغشّد‬ٛ‫ى‬٠ ْ‫أوضش ِٓ أ‬
... ‫ حبٌخ‬ٟ‫ف‬ٚ ... ‫فش‬ٛ‫إر الثذّ ِٓ ر‬
... ‫ ػبرك‬ٍٝ‫مغ ػ‬٠ ... ّ‫ُؼذ‬٠ ٟ‫ٌى‬/ٟ‫و‬
‫صّخ‬ )‫ً اٌّضبي‬١‫ عج‬ٍٝ‫ ػ‬:ٕٝ‫ (ثّؼ‬ٛ‫ٔح‬
... ٍٝ‫ثٕبء ػ‬ )‫ اِرّفبق (إثشاَ اِرفبق‬ٟ‫ي ف‬ٛ‫اٌذخ‬
38 Chapter Four
EX: Translate the following text into Arabic, paying extra attention to the
technical terms used and the differences between Arabic and English.
Is it a legislative text, juridical text or academic
legal text? To learn more, go to page 5
How would you
A contract will be legally binding when an offer by translate not unlawful?
one party is accepted by the other party and the
object of the contract is not unlawful.
You will have an
An offer must be distinguished from mere example of 'modulation'
willingness to deal or negotiate. If a man, for or 'structure shift' when
instance, offers to sell his car to his brother, and his translating a passive
brother decides not to continue before discussing its form into an active
colour, size, price, and so on, then there will be no form.
legally binding contract between them as there is no
definite offer. When a person, for example, does not
explicitly reject an offer, this cannot be considered as Replace the connector
acceptance. as (line 9) with its
synonym. _________
Broadly speaking, the acceptance must reflect the
terms of the offer. If not, the acceptance is viewed as
Learn how to deal
a rejection or counter offer.
with the discourse
marker broadly
Your translation: speaking.
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Dear instructors: evaluate with your students the English translation of the
following Arabic legal text, paying extra attention to the
The object of the contract
In any contract, there must be
something agreed on between two
parties, such as selling a car, renting a
house, publishing a book, and so on.
Furthermore, the object of the contract

must be lawful; otherwise, the contract
is void.
If a person agrees with somebody else
to sell his/her car for a certain amount
of money, here the object of the
contract, that is, selling a car, is legal,
and thus, the contract is legally
binding.
However, if a person agrees with
somebody else to forge, for instance, a
power of attorney for a certain amount
of money, here the object of the
contract, that is, forging a power of
attorney, is illegal.
! ّ‫ الثذ‬here is translated into must. Why?

! The word ٟ‫ش ؽشػ‬١‫( غ‬also ٟٔٛٔ‫ش لب‬١‫ )غ‬can be translated as illegal or unlawful.
! Learn how to deal with linking words or expressions, such as: ْٛ‫ى‬٠ ْ‫وأ‬,
‫ رٌه‬ٍٝ‫ح ػ‬ٚ‫ػال‬ٚ, ٛ٘ٚ ‫أال‬, ٌٟ‫ثبٌزب‬ٚ, ‫أِب‬, etc.
EX: Replace the following words/expressions with their synonyms:

 such as (line 3)  if (line 9)
 and so on (line 4)  that is (line 11)
 furthermore (line 5)  and thus (line 12)
 otherwise (line 6)  however (line 14)
40 Chapter Four
technical terms used and differences between Arabic and English.
In some countries, the first stage in a contractual dispute is to enter into
arbitration. Arbitration is a term used to describe the process by which the
parties to a dispute submit their differences to the judgment of an impartial
person appointed with the agreement of both sides. To be impartial means
that you have treat both sides fairly and equally.
Arbitration can be either binding or non-binding. When it is binding, then
the decision made by the arbitrator must be followed by the two disputing
parties. By contrast, when it is non-binding, then the arbitrator‟s decision
cannot be enforced by law.
! The word 'dispute' can be translated into ‫ٔضاع‬, ‫ِخ‬ٛ‫خق‬, and the like.
! The word ‘arbitration’ , which collocates well with verbs such as „to enter
(into arbitration)’ or „to go (to arbitration)‟, lends itself to ُ١‫رحى‬.
! The adjective 'impartial' means not supporting any of the sides involved in
an argument. How would you translate the word 'impartial'? Related words
include 'impartiality' and 'impartially'.
! The adjective 'binding' lends itself to َ‫ٍُِض‬. Its opposite 'non-binding' can be
translated into َِ‫ش ٍُِض‬١‫غ‬.
! The verb 'to enforce' in such a context can be rendered as ‫ُٕفّز‬٠.
EX: Re-write the following sentecne as required:

When it is binding, then the decision made by the arbitrator must be
followed by the two disputing parties.
a. Change the non-finite clause made by the arbitrator to a finite
clause:
_______________________________________________________
_______________________________________________________
_______________________________________________________
b. Change the passive form in the decision made by the arbitrator must
be followed by the two disputing parties to active:
_______________________________________________________
_______________________________________________________
_______________________________________________________
EX: Translate the following text into English, paying extra attention to the
! The verb ًّ‫خ‬٠/ًّ‫ أخ‬can be translated into 'to breach', 'to break', 'to commit a
breach of', 'fail to meet', 'to fail to perform', and so on.
! The word ‫د‬ٕٛ‫ث‬, which is normally translated into 'clause' in other types of
agreements, can be rendered into 'term'.
! ‫خ‬١‫( اٌّحىّخ االِثزذائ‬also ‫ )ِحىّخ اٌجذاءح‬lends itself to 'court of first instance'.
! ٗ١ٍ‫ ػ‬ّٝ‫ اٌّذػ‬can be translated into 'defendant'. ٟ‫ اٌّذّػ‬can be rendered here
into 'plaintiff' or 'the complaining party'.
! The phrase ٜٛ‫ اٌذػ‬ٟ‫ػٕذ إٌظش ف‬ٚ can be translated into 'when the case is
looked into'.
! The phrase ‫( ِحً اٌزؼبلذ‬also ‫ )ِحً اٌؼمذ‬lends itself to 'the object of the
contract'.
! The word ً‫( ِمبث‬also ‫ك‬ٛ‫ )اٌؼ‬can be rendered into 'consideration'.
! The word ‫ ِخبٌف‬can be translated into 'at variance with', 'contrary to', etc.
Alternatively, it can be lexically adjusted to ‫خبٌف‬٠, thus lending itself to 'to
breach', 'to infringe', etc.
! The phrase ‫آداة ػبِخ‬, which is commonly used in law, lends itself to
'public morals'.
! The lexical item ً‫( ثبى‬also ٍ‫ )الؽ‬lends itself to 'void' or 'invalid'.
! The verb ٟ‫ف‬ٛ٠, which means „to pay off‟ in another context, lends itself
here to 'to fulfil' as it collocate well with the noun „obligation‟.
! The phrase ‫ب‬ٙ١ٍ‫ؿ ػ‬ٛ‫ إٌّق‬can be translated into 'set forth in', 'provided for
in', or 'stipulated in'. Alternatively, one can make some syntactic
adjustment, as in ‫خ‬٠‫ اٌزضاِبرٗ اٌزؼبلذ‬ٟ‫ف‬ٛ٠, thus lending itself to „to fulfil his
contractual obligations‟.
42 Chapter Four
When you file a suit claiming a breach of contract, you, as a complaining
party, must prove four elements to show that a contract existed. They are
! An offer, that is, one of the contracting parties made a promise to do
or refrain from doing some specified action in the future.
! Acceptance, that is, the offer made by one party was accepted
unambiguously by the second party by way of words, actions, etc.
! Consideration, that is, the value that induces the two parties to
enter into a contract. In other words, it is something of value which
was promised in exchange for doing or refraining from doing some
specified action in the future.
! Legal capacity, that is, you are legally qualified for entering into a
contract.
! The verb 'to file a suit', which can be replaced with 'to file a lawsuit', 'to
bring a lawsuit', 'to bring an action to court', 'to bring a civil case to court',
'to sue somebody for/over', and the like, lends itself to ،ٜٛ‫ُ دػ‬١‫م‬٠ ،ٜٛ‫شفغ دػ‬٠
ٟ‫ؾزى‬٠, and the like. In a similar vein, 'to drop a lawsuit' or 'to drop a case',
which means to decide not to pursue a lawsuit, lends itself to ٓ‫ٕبصي ػ‬٠
ٜٛ‫اٌؾى‬/ٜٛ‫اٌذػ‬/‫ّخ‬١‫اٌمن‬.
! The verb 'to refrain' can be translated into ٓ‫ّزٕغ ػ‬٠/‫ اِِزٕغ‬،ٓ‫حغُ ػ‬٠/ُ‫أحغ‬.
! The verb 'to enter (into a contract)' can be translated into ‫زؼبلذ‬٠ or ٗ‫ٍضَ ٔفغ‬٠
ً‫ب‬٠‫ػمذ‬.
! The verb 'to induce', which can be replaced with the verb 'to motivate', can
be translated into ‫ ؽغّغ‬،ّ‫ حفض‬،ّ‫حش‬, etc.
! The phrase ‘legal capacity’ can be translated into ‫خ‬١ٍ٘‫أ‬.
EX: Replace the following expressions with their synonyms:

 complaining party  in other words
 by way of  in exchange for
technical terms used.
Forbearance refers to
the act of refraining
There must be a price paid by one party for the from exercising a
promise of the other party. The price legally called legal right, especially
'consideration'. The price must be something of value, enforcing the payment
although it need not be money. Consideration may be of a debt.
some right, interest or benefit going to one party or
some forbearance, detriment, loss or responsibility
given, suffered or undertaken by the other party. Detriment means
harm or damage, as
So long as consideration exists, the court will not in:
question its adequacy, provided that it is of some You can follow
value. For example, the promise to pay a peppercorn this diet without
rent in return for the lease of a house would be good detriment to your
consideration. Of course, the consideration must not health.
be illegal or impossible to perform.
Your translation:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
44 Chapter Four
EX: Translate the following legal text, paying extra attention to the technical
terms used. Before embarking on translating the text, try to be familiar
with the technical terms used in this text and similar texts:
! to rent, to lease, to hire ‫اِعزأعش‬ !
! to rent, to lease, to hire ‫أعّش‬ !
! tenant, lessee, leasee, leaseholder ‫ِغزأعش‬ !
! lessor ‫ِؤعّش‬ !
! rent ‫غبس‬٠‫اإل‬/‫األعشح‬ !
to pay the rent ‫غبس‬٠‫ذفغ اإل‬٠
to fall behind/ to lag behind/ to be delay ‫غبس‬٠‫ دفغ اإل‬ٟ‫زأخش ف‬٠
…
! lease contract, rent contract, ‫غبس‬٠‫ػمذ إ‬ !
contract of lease, contract of rent
to renew … ‫غذّد ػمذًا‬٠
to terminate …, to rescind …, to ً‫فغخ ػمذا‬٠
revoke …
to sign … ‫لّغ ػمذًا‬ٛ٠
to conduct …, to enter into … ً‫جشَ ػمذا‬٠
! term of lease, term of rent, rental ‫غبس‬٠‫ِذح اإل‬ !
period,
! rented property/estate/house/flat ‫ٓ اٌّغزأعشح‬١‫اٌؼ‬/‫س‬ٛ‫اٌّأع‬ !
leased property/ estate/ house/ flat
to view …, to check …, to examine …, ‫ٓ اٌّغزأعشح‬١‫ٓ اٌؼ‬٠‫ؼب‬٠
to inspect
to repair …, to fix …, ‫ٓ اٌّغزأعشح‬١‫شُِ اٌؼ‬٠
to quit … ‫ٓ اٌّغزأعشح‬١‫ اٌؼ‬ٍٟ‫خ‬٠
to hand … over ‫ٓ اٌّغزأعشح‬١‫غٍُّ اٌؼ‬٠
‫عقد إيجار‬
_______________
! The verb َ‫ أثش‬is in the passive voice, thus lending itself to ‘this
contract is made between …’ or ‘this contract is conducted
between …’.
! The expression ‫ّب ثؼذ‬١‫ٗ ف‬١ٌ‫( اٌّؾبس إ‬also ‫ ٘زا اٌؼمذ‬ٟ‫ٗ ف‬١ٌ‫ اٌّؾبس إ‬or ٗ١ٌ‫اٌّؾبس إ‬
ٖ‫ )أدٔب‬lends itself to ‘hereinafter referred to as …’. Compare it with
ٖ‫ٗ أػال‬١ٌ‫ اٌّؾبس إ‬which lends itself to ‘hereinabove referred to as …’.
! The expression ‫ي‬ٛ‫ اٌّفؼ‬ٞ‫ عبس‬lends itself to ‘enter into force’,
‘effective’, ‘valid’, and the like, as in ‘This contract shall enter into
force/be effective/be valid ….’.
! The verb ّ‫مش‬٠ lends itself to ‘to acknowledge’.
! ٟ‫ظ ٌٍّغزأعش اٌحك ف‬١ٌ or ‫حك ٌٍّغزأعش‬٠ ‫ ال‬lends itself to ‘the tenant has no
right to …’ or ‘the tenant may not …’.
! The particle ‫( إرا‬also ‫ حبٌخ‬ٟ‫ )ف‬can be translated here into ‘in case …’,
‘in the event that …’, or just ‘if …’.
! The conditional clause ... ‫ إرا رأخش اٌّغزأعش ػٓ دفغ‬lends itself to ‘in case
of default of payment of the rent…’ or ‘if the tenant falls behind
paying the rent …’, etc.
! The verb ‫غزميغ‬٠ can be translated into ‘to deduct’.
! The expression ‫يخ‬٠‫( ؽش‬also ‫ ؽشه‬ٍٝ‫ػ‬, ‫ )ثؾشه‬lends itself to ‘provided’,
‘provided that’, ‘providing’, ‘providing that’, ‘on condition that’, and
so forth.
! The expression ‫ رحشس ٘زا اٌؼمذ‬can be translated into ‘this contract has
been made’, ‘this contract has been written’, ‘this contract has been
drawn up’, and the like.
46 Chapter Four
‫عقد بيع‬
.
Why is it ?
! The verb ‫ رحشس‬in ‫ رحشس ٘زا اٌؼمذ‬means ‫أُثشَ ٘زا اٌؼمذ‬, thus lending itself to ‘this
contract is made and enter into …’.
! The phrase ِٓ ًّ‫ٓ و‬١‫ ث‬can be translated into ‘by and between’.
! The verb ًّ‫ح‬٠ in such a context lends itself to ‘to hold’.
! The phrase ‫ّب ثؼذ‬١‫ٗ ف‬١ٌ‫اٌّؾبس إ‬ٚ can be translated into ‘hereinafter
referred to as’.
! The legal sentence
, which is commonly used in contracts, can be rendered into
‘the two contracting parties hereto declare that they are legally
competent to enter into this contract and hereby agreed upon the
following’
Or: ‘the two contracting parties hereto declare that they have the legal
capacity to enter into this contract and hereby agreed upon the
following’.
! The word ‫ش‬١‫ٔظ‬, which means ً‫ِمبث‬, lends itself to ‘in consideration
of’, ‘for’, or ‘in consideration of and for’.
! The expression ‫خ‬١‫بئ‬ٙٔ ‫ؼذّ ِخبٌقخ‬٠ can be rendered into ‘to be
considered an acknowledgement of the safe receipt of’ or ‘to be
considered an acquittance of’.
Acquittance means a written receipt
attesting the settlement of a fine or debt.
! The verb َ‫ٍزض‬٠ can be translated into ‘shall comply with’, ‘shall
undertake’, or just ‘shall’.
48 Chapter Four
! The phrase‫عت ٘زا اٌؼمذ‬ّٛ‫( ث‬also ‫ ٘زا اٌؼمذ‬ٝ‫ )ثّمزن‬lends itself to „as per’,
‘under’, ‘in accordance’, ‘by virtue of’, and the like.
! The phrase ٞ‫ش اٌؼمبس‬ٙ‫( اٌؾ‬also ٞ‫ دائشح اٌؼمبس‬or ٞ‫ش اٌؼمبس‬ٙ‫ )ِقٍحخ اٌؾ‬lends
itself to Real Estate Publicity Department.
! َٚ‫ب ػٕذ اٌٍض‬ٙ‫عج‬ّٛ‫ ٌىًّ ىشف ٔغخخ ٌٍؼًّ ث‬can be rendered into ‘one (copy)
per each party for necessary action’.
! The sentence ٖ‫ثقّب‬ٚ ،‫ّب‬ٙ‫ش اٌيشفبْ ٘زا اٌؼمذ ثئِنبئ‬ِٙ ،َّ‫ ِب رمذ‬ٍٝ‫ٕبء ػ‬٠ٚ
.ٖ‫ٓ أػال‬٠‫س‬ٛ‫اٌغٕخ اٌّزو‬ٚ َٛ١ٌ‫ ا‬ٟ‫ّب ف‬ٙ١ّ‫ ثخبر‬Can be translated into ‘In witness
whereof, the said parties have hereunto set their hands and sealed
the day and year mentioned hereinabove’.
EX: translate the following sentences into Arabic, paying extra attention to
the technical terms used:
Contract for Sale of Land
This agreement made and entered into this day of by and between, the party of
the first part, and, the party of the second part,
Witnesseth:
1. The said party of the first part, for and in consideration of the sum …
to be paid as hereinafter provided, hereby agrees to sell unto the party
of the second part the following tract of land.
2. The said party of the second part hereby agrees to purchase said
premises at said consideration of … and to pay the same as follows….
3. The said party of the first part, upon receiving the final payment
mentioned hereinabove, shall execute and deliver to the said party of
the second part, or to his assigns, a duly acknowledged Warranty Deed,
conveying to him or them the fee simple title to said premises, free
and clear from all encumbrances.
In witness whereof, the said parties have hereunto set their hands and seals the
day and year first above written.
Homework
Dear instructors: evaluate with your students the translation of the following
legal text, paying extra attention to the technical terms and syntactic
structures.
Employment contract ‫عقد توظيف‬
Employee’s Duties ‫التزامات الموظف‬

! The Employee shall during the ‫بْ ٘زا‬٠‫ّظف خالي ِذح عش‬ٌّٛ‫ٍزضَ ا‬٠ !
continuance of this Contract serve the ‫فك أفنً ِب‬ٚ ‫ اٌؾشوخ‬ٜ‫اٌؼمذ ثبٌؼًّ ٌذ‬
Company to the best of his ability in ‫سح‬ٛ‫فخ اٌّزو‬١‫ظ‬ٌٛ‫ ا‬ٟ‫ ف‬،‫ٗ ِٓ لذساد‬٠‫ٌذ‬
the position stated above or any other
‫ لذ رحذد٘ب‬ٜ‫فخ أخش‬١‫ظ‬ٚ ‫خ‬٠‫ أ‬ٚ‫أػالٖ أ‬
capacity as may be determined by the
.‫اٌؾشوخ‬
Company.
! For the terms of this Contract, the ‫ّظف‬ٌّٛ‫مشّ ا‬٠ ،‫! خالي ِذح ٘زا اٌؼمذ‬
Employee acknowledges that he shall .‫ اٌؾشوخ فمو‬ٜ‫ثبٌزضاِٗ ثبٌؼًّ ٌذ‬
be employed solely by the Company.
! The Employee shall faithfully and ْ‫إرمب‬ٚ ‫بَ ثئخالؿ‬١‫ّظف ثبٌم‬ٌّٛ‫ٍزضَ ا‬٠ !
diligently perform such duties and ‫ لذ رغٕذ٘ب‬ٟ‫اٌزضاِبرٗ اٌز‬ٚ ِٗ‫ب‬ِٙ ‫خ‬٠‫ثزأد‬
exercise such powers consistent with ‫ِّبسعخ‬ٚ ‫ آخش‬ٌٝ‫ٓ إ‬١‫ٗ اٌؾشوخ ِٓ ح‬١ٌ‫إ‬
them as the Company may from time ‫ لذ‬ٟ‫اٌز‬ٚ ‫ب‬ٙ‫ رزٕبغُ ِؼ‬ٟ‫بد اٌز‬١‫اٌقالح‬
to time properly assign to or confer
ٓ١‫ب٘ب اٌؾشوخ ِٓ ح‬٠‫ٌّٗ إ‬ٛ‫ رخ‬ٚ‫ب أ‬ٙ‫رىٍّفٗ ث‬
upon him.
.‫ آخش‬ٌٝ‫إ‬
! The Employee agrees to submit ٖ‫اص عفش‬ٛ‫ُ ع‬١ٍ‫ رغ‬ٍٝ‫ّظف ػ‬ٌّٛ‫افك ا‬ٛ٠ !
his/her passport to the Authority if ً‫ إرا ىٍجذ ِٕٗ اٌغٍيخ فؼ‬،‫ اٌغٍيخ‬ٌٝ‫إ‬
requested at any time by the Authority .‫لذ‬ٚ ّٞ‫ أ‬ٟ‫رٌه ف‬
to do so.
! The Employee will perform work for ‫ّظف ِجبؽشح اٌؼًّ ٌقبٌح‬ٌّٛ‫ ا‬ٌّٝٛ‫ز‬٠ !
the Company at the Company‟s office ْ‫ ِىب‬ٞ‫ أ‬ٚ‫ ِىزت اٌؾشوخ أ‬ٟ‫اٌؾشوخ ف‬
or such place within the _______ Zone ‫فك‬ٚ َ‫اإلػال‬ٚ _______ ‫داخً ِٕيمخ‬
as the Company shall from time to .‫ آخش‬ٌٝ‫ٓ إ‬١‫ِب ريٍجٗ اٌؾشوخ ِٓ ح‬
time require.
Learn how to deal with:

‫ظف‬ٌّٛ‫مشّ ا‬٠ ‫ظّف‬ٌّٛ‫ٍزضَ ا‬٠
ِٗ‫ب‬ِٙ ٗ٠‫إرمبْ ثزأد‬ٚ ‫َ ثئخالؿ‬ٛ‫م‬٠ ‫بْ اٌؼمذ‬٠‫خالي ِذح عش‬
‫ب٘ب اٌؾشوخ‬٠‫ٌّٗ إ‬ٛ‫رخ‬/‫ب‬ٙ‫رىٍّفٗ ث‬/ٗ١ٌ‫لذ رغٕذ٘ب إ‬ ‫فك‬ٚ
ُ١ٍ‫ رغ‬ٍٝ‫ظّف ػ‬ٌّٛ‫افك ا‬ٛ٠ ‫ٗ ِٓ لذساد‬٠‫أفنً ِب ٌذ‬
‫ظف‬ٌّٛ‫ ا‬ٌّٝٛ‫ز‬٠ ‫لذ رحذد٘ب اٌؾشوخ‬
50 Chapter Four
legal text, paying extra attention to the technical terms and
syntactic structures.
Basic Salary, Allowances and Ticket

The Company shall pay to the
Employee a basic salary and the
allowances as specified herein below, ٖ‫٘ز‬ ٘
which shall be payable on a monthly
basis in arrears. .
! The normal working hours shall 8 !

be eight (8) hours a day or forty
48
eight (48) hours a week.
! The working hours may be !

increased as the Company may
from time to time deem
necessary. Where the Employee
is called upon to work overtime,
the Employee shall be paid as per
the wage rate prescribed in the
Federal Law No. (9) of 1981 in 1981 9
respect of Organizing Labor
Relationships and its
amendments.
Learn how to deal with

ً‫ب‬٠‫س‬ٚ‫فك ِب رشاٖ اٌؾشوخ مش‬ٚ ّٟ‫اٌشارت االع‬
‫ٔغجخ األعش اٌّحذدح‬ )‫ثذي عفش (= ِخققبد عفش‬
‫اٌّحذدح‬ ‫ظّف‬ٌٍّٛ ‫رذفغ اٌؾشوخ‬
ٞ‫ْ االرحبد‬ٛٔ‫اٌمب‬ ٖ‫س أدٔب‬ٛ‫ ِزو‬ٛ٘ ‫وّب‬
ٗ‫الر‬٠‫رؼذ‬ ‫ش‬ٙ‫خ وً ؽ‬٠‫ب‬ٙٔ
Revision
EX: Translate the following contract into English, paying extra attention to
the technical terms used.
52 Chapter Four
 The connector ْ‫( ثّب أ‬also ْ‫ )ثّب إ‬can be rendered into ‘whereas’.
 The verb ‫ٍّه‬٠ in such a context can be rendered into ‘to own’.
 The phrases ٟ‫ف‬ٛ‫بسح خق‬١‫ ع‬and ِّٟٛ‫بسح ػ‬١‫ ع‬lend themselves to ‘private
car’ and ‘public car’ respectively.
 The technical words ‫ِحشّن‬, ٟ‫ؽبف‬, and ً٠‫د‬ِٛ can be rendered into
‘engine’, ‘chassis’, and ‘model’ respectively.
 The verb ‫زٕبصي‬٠
 The verb ٓ٠‫ ػب‬can be rendered into ‘to examine’.
 The phrase ‫بٌخ‬ٙ‫خ ٌٍغ‬١‫ٕخ ربِخ ٔبف‬٠‫ ِؼب‬can be translated into the adverb
‘fully’ or ‘fully and carefully’, as in ‘the car was fully and carefully
examined by the buyer’.
Your glossary
CHAPTER FIVE
CRIMES
Test yourself …
Are you familiar with the following terms/expressions/phrases? Test yourself.
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
theft, thief, robber, burglar, shoplifter; murder, murderer, murdered,

manslaughter; movable property, real property; power attorney; arson, to set
fire to; drug trafficking, drug possession; to embezzle, embezzler,
embezzlement; to commit; to authorize; offender …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Theft crimes
The act of taking somebody‟s movable

property without his/her permission and
consent with the intention of
permanently depriving him/her of it is
considered a crime of theft. This means
there are two key elements in theft
crimes. They are: Is it ٓ٠‫ أْ ٕ٘بن ػٕقش‬or ‫أْ ٕ٘بن‬
ْ‫ ?ػٕقشا‬Why
1. taking somebody‟s movable

property without his/her
permission and consent.
2. depriving the owner of it
permanently.
For example, if somebody walks in a

bookstore, puts a book in this handbag,
and walks out of the bookstore with the
intention of it keeping it with him
permanently, then it is a theft crime,
and the person will be charged with
theft, regardless of the price of the
book. Similarly, he will be charged
with theft if he steals a car from the
parking lot.
Semantics
The denotative meaning of the lexical item ‫ ِىزجخ‬in Arabic is wider and less
specific than its counterparts in English as it refers to bookshop, library and
bookcase. Therefore, translating the word bookshop into ‫ ِىزجخ‬is an example
of generalizing translation.
Building on this, how would you translate
these?
ُ‫ حُى‬،‫ عشق‬،َ‫ ِحب‬،ْٛٔ‫لب‬
56 Chapter five: Crimes
EX: Translate the following text titled ‫اع اٌغشلبد‬ٛٔ‫ أ‬into English, paying
attention to the linguistic and stylistic differences between the languages:
Is it ٓ١‫ػ‬ٛٔ ‫ أْ ٕ٘بن‬or ‫أْ ٕ٘بن‬

ْ‫ػب‬ٛٔ? Why?
Petty theft refers to

the crime of stealing -
something that does
not have a high -
value. -
-
! The phrase ‫يخ‬١‫ عشلبد ثغ‬can be translated as ‘petty theft’.

! The phrase ‫ف ِؾذدح‬ٚ‫ اٌغشلبد اٌّشرجيخ ثظش‬can be translated functionally into
‘grand theft’ or ‘aggravated theft’ or ideationally into ‘theft accompanied by
aggravating circumstances’.
! ‫س اٌؼجبدح‬ٚ‫ د‬means ‘worshipping houses’.
! The lexical item )‫ّخ‬٠‫ ِشرىت (اٌغش‬can be rendered as ‘perpetrator’, ‘offender’
or ‘wrongdoer’.
! The phrases ‫عشلخ اٌّحالد‬, ‫ اٌّغٍّح‬ٛ‫ اٌغي‬and ‫ذ‬٠‫ذ‬ٙ‫ اٌغشلخ ثبٌز‬can be translated as
‘shoplifting’, ‘robbery’ and ‘burglary’ respectively.
! The lexical item ‫اِخزالط‬, which refers to the act of stealing money from one‟s
employer, lends itself to ‘embezzlement’. Related words include ‘to
embezzle’ ‫خزٍظ‬٠ and ‘embezzler’ ‫ِخزٍظ‬.
EX: Translate the following text titled Types of Theft Crimes into Arabic,
paying attention to the linguistic and stylistic differences between the
languages:
Types of Theft Crimes
In this article, four crimes will be touched on, namely
shoplifting, burglary, robbery and embezzlement.
In this text, is
To begin with shoplifting, it refers to the act of there any
stealing items from shops. The person committed such sentence in the
a crime is called a shoplifter. When a person steals passive form?
things, such as a wallet, purse, and the like out of
people‟s pockets or bags, especially in a crowd, s/he is
called a pickpocket.
However, when a deadly weapon, such as a gun, pistol, etc. is used by the
offender, then it is a crime of robbery. Unlike burglary, the crime of robbery
almost always requires the presence of a victim.
Finally, the crime of embezzlement refers to the act of secretly stealing money
to which you are entrusted or money that belongs to a company you work for.
The person committed such a crime is called an embezzler.
! The phrasal verb ‘to touch on/upon’ lends itself to ٌٝ‫زيشّق إ‬٠.
! The verb ‘to steal’ lends itself to ‫غشق‬٠.
! The lexical item ‘item’ in this context can be translated into ‫عٍؼخ‬.
! While the lexical item ‘wallet’ lends itself to ‫خ‬١ٌ‫ِحفظخ سعب‬, the lexical item
‘purse’ lends itself ‫خ‬١‫ِحفظخ ٔغبئ‬.
! The word ‘pickpocket’ can be translated into ‫ٔؾّبي‬.
EX: Replace the following words and expressions with their synonyms:
 to touch (line 1) _______________________________
 namely (line 1) _______________________________
 to begin with (line 3) _______________________________
 especially (line 6) _______________________________
 finally (line 10) _______________________________
EX: Translate the following text titled ً‫ ٌغذُ عبسِلب‬into English to a professional
level:
! The verb ً‫ دخ‬can be translated into ‘to walk in’ in the past.
! The phrase ‫خ اٌّشوّضح‬٠‫ اٌؼٕب‬lends itself to ‘intensive care’.
! The verb ‫ خشط‬which is followed by the adverb ً‫ ِغشػب‬can be translated into ‘to
walk out of the shop quickly’, ‘to dash out of the shop’, and so on.
! The phrase ِٓ‫ سعً األ‬can be rendered into ‘the security man’.
! The lexical item ‫بصح‬١‫ح‬, which literally means ‘possession’, lends itself here to
‘holding’.
! The verb ‫ذ‬١‫ ل‬can be translated into ‘he was taken to’.
! ‫ك‬١‫ ثؼذ إعشاء اٌزحم‬can be translated ‘After having investigated with’.
! ٗ‫ز‬١ٔ ٟ‫ىٓ ف‬٠ ٌُ lends itself to ‘he did not intend to’.
! The lexical item ‫ذ‬٠‫رغش‬, which is derived from the verb ‫عشّد‬, lends itself to ‘to
deprive of’, ‘dispossess of’, ‘take away from’, etc.
Correlative conjunction
The correlative conjunction ٝ‫ حز‬... ْ‫ ِب إ‬... can be translated into
No sooner______________________ than ________________________
Hardly ________________________ when ________________________
Barely_________________________ when ________________________
Scarcely________________________ when________________________
Or just
As soon as___________________________________________________
Once_______________________________________________________
Soon after___________________________________________________
The moment _________________________________________________
Crimes of scam and fraud ‫جرائم النصب واالحتيال‬
There are a wide range of crimes that

cannot be considered legally theft
crimes as the offender of such crimes
takes the money by way of deceiving
the victim.
When a person attempts to take
somebody‟s money by deceit, then it
cannot be considered a theft crime, but
rather a crime of scam or fraud. This is
because the offender took the money
with the victim‟s consent by way of
deceit.
For the same reason, when a person

attempts to avoid taxes, then it is not a
theft crime, but rather it is a crime of tax
evasion.

‫ر‬ٛ‫غزح‬٠/‫ر‬ٛ‫اعزح‬ ‫ال رُؼ ّذ‬
‫ّخ إٌقت‬٠‫عش‬ ْٛٔ‫ثحىُ اٌمب‬
ً‫ث‬ )‫ّخ‬٠‫ِشرىت (اٌغش‬
ٗ‫ٌٍغجت ٔفغ‬ٚ ‫ك‬٠‫ػٓ ىش‬
)‫شّة (ِٓ اٌنشائت‬ٙ‫ز‬٠ ‫غؼ‬
‫شّة ِٓ اٌنشائت‬ٙ‫ّخ اٌز‬٠‫عش‬ ٗ١ٍ‫ ػ‬ٟٕ‫اٌّغ‬
EX: Translate the following text titled Money laundering into Arabic to a
professional level:
Money laundering
In the crime of money laundering, there are three main steps. They are:
1. The money is deposited into a financial institution, such as a bank.
2. The money is separated from its illegal origin by a number of complex
transactions, thus making it difficult to trace the „dirty‟ money.
3. The „dirty‟ money is mixed with legally obtained money.
! The phrase ‘money laundering’ lends itself to ‫اي‬ِٛ‫ً األ‬١‫ غغ‬or ‫اي‬ِٛ‫ً األ‬١‫ّخ غغ‬٠‫عش‬.
! The verb ‘to deposit’, which is in the passive form, can be translated into ‫دِع‬ُٛ٠
)‫(اٌّبي‬.
! The phrase ‘financial institution’ can be translated into ‫خ‬١ٌ‫ِؤعغخ ِب‬.
! The adjective ‘illegal’, which is the opposite of ‘legal’, can be translated into
ٟ‫ش ؽشػ‬١‫ غ‬or ٟٔٛٔ‫ش لب‬١‫غ‬.
! The phrase ‘complex transaction’ lends itself to ‫خ ِؼمّذح‬٠‫ِؼبِالد رغبس‬.
! The lexical item ‘dirty’, which literally means ‫عخ‬ٚ or ‫ُِزّغخ‬, lends itself in
such a context to ٖٛ‫ِؾج‬.
Vocabulary focus
Lauder (v.) means to wash clothes or to wash and iron clothes. It also
means to disguise the source of illegal or secret funds or profits,
usually by transmittal through a foreign bank or complex network of
intermediaries.
Laundry (n.) refers to the act of washing clothes or washing and ironing
clothes. It also refers to a room or area in a house or hotel where
clothes can be washed.
To air one's dirty laundry in public (idiom) means to discuss very private
matters, especially that which may be embarrassing in public.
Consider this example:
I wish you wouldn’t air your dirty laundry in public in such a way.
EX: Translate the following text titled ‫ط‬ٚ‫بٔخ ص‬١‫ خ‬into English to a professional
level:
‫ش‬٠ٚ‫ لبَ ثزض‬simply means ‫ّس‬ٚ‫ص‬. When it is translated into to forge,

then it is an example of 'unit shift' to use Catford's (1965)
term.
Is it ‫اد‬ٕٛ‫ ػؾشح ع‬or ‫اد‬ٕٛ‫?ػؾش ع‬ Is it ٌ‫لذ‬ٚ ‫ّل‬٠ ٌُ or ‫ّل‬٠ ٌُ

ً‫لزب‬ٚ? Why
Is it ِ‫ّل‬٠ ٌُ or ٟ‫ّن‬٠ ٌُ? Why
! ‫ش‬٠ٚ‫ لبَ ثزض‬simply means ‫ّس‬ٚ‫ص‬, thus lending itself to ‘to forge’.
! The phrase ‫وبٌخ ػبِخ‬ٚ can be translated into ‘power of attorney’.
! The verb ‫ّي‬ٛ‫خ‬٠ lends itself here ‘to authorize’.
! The phrase ‫ٌخ‬ٛ‫ش ِٕم‬١‫غ‬ٚ ‫ٌخ‬ٛ‫ ِّزٍىبد ِٕم‬can be translated into ‘movable and non-
movable properties’. It is worth noting that ‫ٌخ‬ٛ‫ش إٌّم‬١‫ اٌّّزٍىبد غ‬can be
translated into ‘real properties’ too.
Correlative conjunction
The correlative conjunction ... ٝ‫ حز‬... ٍٝ‫ ػ‬... ِ‫ّل‬٠ ٌُ lends itself to
It wasn't long since __________before/when _______________________
It was only _________ since __________before/when ________________
EX: translate the following text into English, paying extra attention to
correlative conjunctions used:
EX: Translate the following text titled The Murderers into Arabic to a
professional level:
The Murderers
In the last few months, ten terrorists have murdered many local people,
including a 12-year old boy. It wasn't long before the the policemen caught
three of them. They admitted they had committed many crimes, including
several murders. A week later, the three terrorists were convicted of murder
and sentenced to death.
! The lexical item ‘terrorist’, which is derived from, lends itself to ٟ‫إس٘بث‬.
Related words include the verb ‘to terrorize’ َ‫أس٘ت‬, ‫ّع‬ٚ‫س‬, etc. and the noun
‘terrorism’ ‫إس٘بة‬.
! The verb ‘to murder’ and its noun ‘murder’ can be translated into ً‫ لز‬or َ‫لب‬
ً‫ ثمز‬and ً‫ّخ اٌمز‬٠‫ عش‬respectively. Related words ‘murderer’ ً‫ لبر‬and
‘manslaughter’ ‫ش اٌّزؼّّذ‬١‫ّخ اٌمزً غ‬٠‫عش‬.
! The verb ‘to admit’ lends itself to ‫ؼزشف‬٠/‫اِػزشف‬, ّ‫مش‬٠/ّ‫لش‬, etc.
! The verb ‘to convict’ can be translated into ٓ٠‫ أٌد‬or ٗ‫رّذ إدأز‬.
! The verb ‘to sentence’ lends itself to ٗ١ٍ‫حىُِ ػ‬
ُ.
Causativity & force dynamics

In the above text, a number of processes have been employed by the writer,
viz.
 Process of doing: ten terrorists (actor filling a semantic role of both
agent and causer), to murder (process of doing) and many local
people, including a 12-year old boy (goal filling a semantic role of
patient or affected participant). The act of murdering is an example
of lexical causativity as to murder means to cause to die (for more
details, see Almanna 2016b: 40-44).
 Process of doing: the police (actor filling a semantic role of agent),
to catch (process of doing), and three of them (goal filling a
semantic role of patient or affected participants). The act of
catching is characterized by having a force-dynamic value of forcing
the goal that tends towards to be free to be in custody.
EX: Identify the type of the processes utilized by the writer:
1. They admitted they had committed many crimes, including several
murders.
2. A week later, the three terrorists were convicted of murder and
sentenced to death.
EX: translate the following text titled ‫اٌزشفّذ‬ٚ ‫ لزً ِغ عجك اإلفشاس‬into English to
a professional level:
Is there any time gap

between the act of
walking out of his house
and the act of opening
fire on him? And which
act happened before the
other?
Is it ‫ش ِزؼّّذ‬١‫ اٌمزً اٌغ‬or ‫ش اٌّزؼّّذ‬١‫?اٌمزً غ‬

Discuss.
! The lexical item ‫ ِضاسع‬can be translated into ‘farmer’.
! The lexical item ‫خ‬١‫ ثٕذل‬lends itself to ‘gun’.
! The verb )‫ أىٍك (إٌبس‬can be translated into ‘to open fire’, ‘to shoot’, and the
like.
! The verb ‫ ٘شة‬lends itself to ‘to run away’.
! The correlative conjunction ... ٝ‫ حز‬... ‫ّل‬٠ ٌُ can be translated into ‘it was not
long … before/when …’, ‘no sooner …than …’, etc.
! ‫بح‬١‫( فبسق اٌح‬also ‫ّخ‬١ٌّٕ‫افزٗ ا‬ٚ, ٍٝ‫ك األػ‬١‫ اٌشف‬ٌٝ‫ أزمً إ‬or ٗ‫ حزف‬ٟ‫ٌم‬, etc.) simply means
ٝ‫ف‬ٛ‫ر‬/‫ِبد‬, thus lending itself to ‘to die’, ‘to pass away’, ‘to breathe his last’, etc.
! ٗ١ٍ‫ رُّ إٌمبء اٌمجل ػ‬simply means ٗ١ٍ‫ اٌمجل ػ‬ٟ‫ ;أٌٌم‬therefore, it can be translated into
a passive voice as in ‘he was arrested by’.
! The phrase ‫بد‬٠‫ ِحىّخ اٌغٕب‬can be translated into ‘the criminal court’.
! The verb )‫ّخ‬ٙ‫عّٗ (ر‬ٚ in this context lends itself to ‘to prosecute’.
! The phrase َ‫ ٔبئت اإلدػبء اٌؼب‬can be rendered into ‘the public prosecutor’.
! ‫اٌزشفّذ‬ٚ ‫ ِغ عجك اإلفشاس‬can be translated into ‘willfully and premeditated’ or
‘premeditated and lying in wait’.
! The verb ‫ أٔىش‬lends itself to ‘to deny’.
! The phrase ‫ش اٌّزؼّّذ‬١‫ اٌمزً غ‬can be translated into ‘manslaughter’.
EX: translate the following text titled Arson into Arabic to a professional level:
Arson
A building in the heart of London was burnt out six Is there any
months ago. The cause of the fire was not difference between
determined at that time, but the police suspected 'a building was
that somebody had intentionally set fire to the burnt' and 'a building
building. was burnt out'?
It was only two months since setting fire to the building before the police
caught the offender. At the court, he was convicted of arson.
! The word ‘arson’ refers to the crime of intentionally setting fire to a

building, thus lending itself to ‫ك ِزؼّّذ‬٠‫ حش‬, ً‫ك ػّذا‬٠‫ حش‬or ‫ك اٌّزؼّّذ‬٠‫ّخ اٌحش‬٠‫عش‬.
! The verb ‘to suspect’ can be translated into ّ‫ؽه‬, ّٓ‫ظ‬, ‫اِػزمذ‬, etc.
! The adverb ‘intentionally’, which can be replaced with ‘on purpose’, lends
itself to ً‫ػّذا‬, ‫ػٓ لقذ‬, ً‫ِزؼّذا‬, and the like.
! The correlative conjunction ‘it was only … when …’ lends itself to ... ِ‫ّل‬٠ ٌُ
... ٝ‫حز‬.
EX: Translate the following text titled ‫ب‬ٙ‫ؼ‬٠‫ص‬ٛ‫ر‬ٚ ‫ االِرغبس ثبٌّخذساد‬into English to a
professional level:
Traffic (n.) here refers to the

activity of buying and selling
goods or people illegally. Does
it have another meaning?
! The phrases ‫ االرغبس ثبٌّخذساد‬and ‫غ اٌّخذساد‬٠‫ص‬ٛ‫ ر‬can be translated into ‘drug

trafficking’ and ‘drug distribution’ respectively.
! The verb ‫خزٍف‬٠/‫ رخزٍف‬can be translated here into ‘to vary’.
! The noun ‫ثخ‬ٛ‫ ػم‬lends itself to ‘punishment’ and ‘sentence’, depending on the
context.
! The phrase ‫ً اٌّضبي ال اٌحقش‬١‫ عج‬ٍٝ‫ ػ‬can be rendered into ‘for example but not
limited to’.
! The verb ‫د‬ٚ‫زفب‬٠/‫د‬ٚ‫ رزفب‬can be rendered into ‘to range’.
EX: Translate the following sentences into Arabic:

1. There was a lot of traffic on the roads this evening.
______________________________________________________________
______________________________________________________________
2. Two girls were injured in a traffic accident this morning.

______________________________________________________________
______________________________________________________________
3. The government has undertaken a massive drive against drug

trafficking.
______________________________________________________________
______________________________________________________________
4. They got stuck in traffic for three hours.

______________________________________________________________
______________________________________________________________
EX: Translate the following text titled ‫ح‬ٛ‫ّخ اٌشؽ‬٠‫ أسوبْ عش‬into English to a
professional level:
106 47 1936
1
Bribery, bribe, bribee (a public official being bribed), the bribing party or the
party offering the bribe (an idivudual who bribes a public official)
Bribe (v.) to make someone do something for you by giving him/her money,
presents, or something else that they want.
e.g. He bribed imgration officials to let him enter the country illegally.
Bribe (n./c.) means money or a present that you give to someone else so that
s/he will do something for you, usually something dishonest ‫ح‬ٛ‫سؽ‬. Related
words include bribery which an uncountable noun.
e.g. The public official was accused of accepting/taking bribes from a
business man.
e.g. The company was rife with bribery and corruption.
Revision
EX: Translate the following sentences into Arabic, paying extra attention to
1. The accountant embezzled a huge amount of money while working for
the wealthy family.
2. Yesterday evening, the policemen caught the armed robber who raided
a supermarket a week ago.
3. The gang admitted they had committed two recent bank robberies.
They have been convicted of robbery. As such, they will serve ten
years in prison for robbery.
4. He broke into the house and stole the lady‟s jewelry. A week later, he
was charged with burglary.
5. A 35-year old man was convicted of assaulting a police officer
yesterday.
EX: Translate the following sentences into English, paying extra attention to
EX: Translate the following text titled bribery into Arabic to a professional
level (www.crimnal.findlaw/crimnal-charges/bribery.html)
Bribery is the offer or acceptance of anything of value in exchange for
influence on a governmental/public official or employee. In general, bribes
can take the form of gifts or payments of money in exchange for favourable
treatment, such as awards of government contracts.
At the most fundamental level, charges of bribery need only to prove that an
agreement for the exchange of something of value (political influence, for
example) for a sum of money or something else of value. There need not be a
written agreement, but prosecutors must be able to prove that an agreement
was actually made. For example, a taped phone call between a politician and
the party offering the bribe may be sufficient evidence.
Broadly speaking, bribery can happen in many different spheres of influence.
In the sporting world, for example, one boxer might offer another a payoff to
'throw' (deliberately lose) an important fight.
Your glossary
! theft ‫عشلخ‬ !
! robbery )‫ذ‬٠‫ذ‬ٙ‫عشلخ (ثبٌز‬ !
! burglary )‫ (ِغٍّح‬ٛ‫عي‬ !
! shoplifting ‫عشلخ اٌّحالد‬ !
! pickpocketing ً‫ٔؾ‬ !
! fraud ‫بي‬١‫احز‬/‫ٔقت‬ !
! scam ‫غؼ‬ !
! forgery ‫ش‬٠ٚ‫رض‬ !
! murder ً‫لز‬ !
! manslaughter )‫ش ِزؼّّذ (ثبٌخيأ‬١‫لزً غ‬ !
! blackmail ‫اثزضاص‬ !
! impersonation )‫ّخ‬١‫أزحبي (ؽخق‬ !
! harassment ‫رحشّػ‬ !
! drug possession ‫بصح ِخذساد‬١‫ح‬ !
! drug trafficking ‫اٌّزغبسح ثبٌّخذساد‬ !
! drug distribution ‫غ ِخذساد‬٠‫ص‬ٛ‫ر‬ !
! bribery ‫ح‬ٛ‫سؽ‬ !
! domestic violence ٌٟ‫اإلػزذاء إٌّض‬ !
! perjury ‫ٓ اٌىبرثخ‬١ّ١ٌ‫ا‬/‫س‬ٚ‫بدح اٌض‬ٙ‫ؽ‬ !
! hijacking )ً‫اخزيبف (ىبئشح ِضال‬ !
! Kidnapping ‫اخزيبف‬ !
! money laundering ‫اي‬ِٛ‫ً األ‬١‫غغ‬ !
! rape ‫اغزقبة‬ !
! sexual assault ٟ‫رحشّػ عٕغ‬ !
! embezzlement ‫اخزالط‬ !
! tax evasion ‫شّة ِٓ اٌنشائت‬ٙ‫اٌز‬ !
! assault ‫ح ثبالِػزذاء‬٠ٍٛ‫اٌز‬ !
! battery ٍٟ‫اإلػزذاء اٌفؼ‬ !
! defamation ‫ٗ اٌغّؼخ‬٠ٛ‫رؾ‬ !
! libel )ٟ‫ش (وزبث‬١ٙ‫ اٌزؾ‬ٚ‫لزف أ‬ !
! slander )ٟٙ‫ اٌغت (ؽف‬ٚ‫ح أ‬٠‫اٌزغش‬ !
! bribery ‫ح‬ٛ‫سؽ‬ !
More …
CHAPTER SIX
PEOPLE & LAW
Test yourself …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
________
Judge, solicitor, barrister, witness, …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
________
70 Chapter six: People & law
At the court room
Once the case begins, both the lawyer

for defense and prosecution will
present their evidence and ask
witnesses to answer certain questions
related to the crime.
Then the witnesses one by one will
testify to what they know about the
case and its accompanying
circumstances. Actually, they will
provide the court with a statement
under oath of what they saw or knew
about the case – such a statement
provided by the witness is legally
called 'the testimony'.
When the judge and jury hear all the

witnesses‟ testimonies, and the lawyer
for defense and prosecution
summarize their cases, the jury
members then retire to deliberate on
the case and reach a decision.
When they reach a decision, they

return to the court room to pass their
verdict.
If their verdict states that defendant is
guilty, the judge then will convict the
defendant of the crime thus, publically
pronouncing the sentence against the
convicted person.
! The verb ‘to retire’, which means to leave the court room and go to
the jury room to decide the case, lends itself to ‫سفغ اٌغٍغخ‬. However, in
the Arab world the decision is made by the judge. With this in mind,
the verb ‘to retire’ can be translated into ُٙ‫ْ ثأٔفغ‬ٍٛ‫خز‬٠.
! The verb ‘to deliberate’ here means to discuss and consider the case
with members of the jury, thus lending itself to ‫ي‬ٚ‫زذا‬٠, as in ‫سفؼذ اٌغٍغخ‬
‫ٌخ‬ٚ‫ٌٍّذا‬.
! The verb ‘to pronounce’ ‫قذس‬٠, which collocates well in legal English
with the noun ‘sentence’ ُ‫حى‬, can be replaced here with the verb ‘to
deliver’.

! The word ‫ ٔضاع‬can be translated into ‘dispute’.

! The phrase ‫ اٌيشف ِزنشس‬can be translated into ‘the affected party’.
! The phrase ‫خ‬١‫( اٌّحىّخ اإلثزذائ‬also ‫ )ِحىّخ اٌجذاءح‬can be translated into ‘the court of
first instance’ or ‘magistrate court’. It is worth nothing that ‘magistrate
court’ lends itself to ‫ ِحىّخ اٌقٍح‬when being translated from English into
Arabic.
! ‫خ‬١‫اي اٌؾخق‬ٛ‫ ِحىّخ األح‬can be translated literally into ‘court of personal status’
or functionally into ‘family court’.
! The verb ٕٝ‫ُؼ‬٠/ٕٝ‫ رُؼ‬can be translated into ‘to deal with’, ‘to be concerned
with’, etc.
! ‫خ‬١‫اي اٌؾخق‬ٛ‫ب األح‬٠‫ لنب‬lends itself to ‘personal status cases’.
! The technical terms ‫شاس‬١ِ (also ‫ إسس‬or ‫)رشوخ‬, ‫ىالق‬, ‫خ‬١‫ع‬ٚ‫ٔفمخ ص‬, ٓ٠‫ٔفمخ لبفش‬, ‫إصجبد‬
‫ ٔغت‬and ‫ش‬١‫ادس ع‬ٛ‫ ح‬lends itself to „legacy/succession’, ‘divorce’, ‘alimony’,
‘maintenance of legal/minors sustenance’, ‘confirmation of parentage’.
! The verb ٟ‫رٕظش ف‬/‫ٕظش‬٠ lends itself in such a context into ‘to hear’.
! ‫خ‬١ٔ‫ب اٌّذ‬٠‫ اٌمنب‬can be translated into ‘civil cases’.
! The phrases ‫خ‬٠‫ش‬١‫خ رمق‬١ٌٚ‫ ِغؤ‬and ‫خ‬٠‫خ رؼبلذ‬١ٌٚ‫ ِغؤ‬can be translated into ‘negligent
liability’ and ‘contractual liability’. It is worth noting that the word ‘tort’ can
be used instead of ‘negligent liability’ (for more details, see Chapter 7).
! The phrase ‫خ‬١‫( اٌّحىّخ اٌغضائ‬also ‫ )ِحىّخ اٌغضاء‬lends itself to ‘criminal court’.
! The technical terms ‫ِؾبعشح‬, ‫إػزذاء‬, ‫ٔقت‬, ‫ش‬٠ٚ‫ رض‬and ‫ عشلخ‬can be translated
respectively into ‘fight’, ‘assault’, ‘fraud’, ‘forgery’ and ‘theft’ (for more
details, see the previous chapter).
! The phrase ‫ ِحىّخ االعزئٕبف‬can be translated into ‘the court of appeal’.
! ‫ض‬١١ّ‫ ِحىّخ اٌز‬can be translated into ‘court of cassation’.
To the court of appeal ...

The appellant:
The appellee:
Subject of appeal
On 19.07.2015, decision No. 121

was issued against me in case No.
1120 brought to the court of first
instance in the area of … by the
plaintiff … .
Whereas I am innocent of the

charge which I have been charged
with and I have been convicted of,
I, within the legal period, hereby
request the following:
! My appeal shall be !
accepted formally and
substantively.
! The decision issued by the !

aforementioned court of
first instance shall be
rescinded.
! The appellee shall be made !
to bear the fees and costs of
the case.
Appellant‟s name and signature:
Date:
Witness (n.)
a. is a person who provides testimony ٗ‫بدر‬ٙ‫ ثؾ‬ٌٟ‫ذ‬٠ in a court case. ‫ؽب٘ذ‬
b. is a person who is asked to be present at a particular event and sign
his/her name in order to prove that things have been done
correctly. ‫ؽب٘ذ‬
Witness (v.)
a. to see something happen, especially an accident or a crime.
‫ؾب٘ذ‬٠/‫ؽب٘ذ‬
b. to be present at an event and sign your name as a proof that
something was done correctly.‫ذ‬ٙ‫ؾ‬٠/‫ذ‬ٙ‫ؽ‬
EX: translate the following sentences into Arabic, paying extra attention to
1. According to the witnesses who provided testimony in the law case,
the robbery was carried out by three young people.
________________________________________________________
________________________________________________________
2. You have to sign the contract in the presence of two witnesses.
________________________________________________________
________________________________________________________
3. More witnesses are expected to testify at the trail today.
________________________________________________________
________________________________________________________
4. A doctor was called as an expert witness for the defense ‫دفبع‬/ٟ‫ؽب٘ذ ٔف‬.
________________________________________________________
________________________________________________________
5. While I was in the city at the time of the riots ‫أػّبي اٌؾغت‬, I witnessed
many street battles.
________________________________________________________
________________________________________________________
6. New witnesses have cast doubt on some of the evidence ‫أدٌخ‬/ً١ٌ‫ د‬that
sent the 25 year old to jail.
________________________________________________________
________________________________________________________
7. The key witness for the prosecution َ‫ؽب٘ذ اإلدػبء اٌؼب‬/‫ ؽب٘ذ إصجبد‬was
offered police protection after receiving death threats.
________________________________________________________
________________________________________________________
8. I arrived home in time and sadly witnessed how my son was taken
away by the police.
________________________________________________________
________________________________________________________
9. The judge reminded the witness for prosecution ‫ ؽب٘ذح اإلصجبد‬that she
was under oath.
________________________________________________________
________________________________________________________
10. There must be at least two witnesses present when you sign the
contract.
________________________________________________________
________________________________________________________
A number of witnesses for defense

have been called to provide their
testimony in the court case. Indeed,
they attended and explained to the
judge in detail what happened.
However, one of them could not
answer some of the judge‟s questions,
thus casting some doubt on the
witnesses‟ testimonies.
Judge (n.)
a. is a person who is responsible for running a trail in court. In the
criminal court, s/he often makes a decision as to whether the
crime has been committed by the offender or not. However, in
some countries, the judge does not make this decision. Instead, a
jury ٓ١‫ئخ ِحٍف‬١٘ will make the decision.
b. a person who officially decides who is the winner of a
competition ‫ ِغبثمخ‬ٟ‫)حىُ (ف‬
Judge (v.)
a. to form, give or have an opinion ً‫قذس حىّب‬٠ or ٞ‫ؼجّش ػٓ سأ‬٠
b. to decide about something or somebody, especially after thinking
carefully )‫ ؽخـ ِب‬ٚ‫ء ِب أ‬ٟ‫مشس (ثؾأْ ؽ‬٠
c. to decide who is the winner of a competition )‫مشس (َِٓ اٌفبئض‬٠
1. Having examined the eye witnesses and ear witnesses for the defense,
the judge will pronounce sentence on the defendant this afternoon.
_______________________________________ The phrases eye
_______________________________________ witness and ear
_______________________________________ witness can be
_______________________________________ translated as ‫ؽب٘ذ‬
_______________________________________ ْ‫ب‬١‫ ػ‬and ٟ‫ؽب٘ذ عّبػ‬
respectively.
2. After being sentenced to 10 years imprisonment, he started shouting

abuse at the judge.
________________________________________________________
________________________________________________________
3. So far, he‟s doing well. But, it is really too soon to judge.
________________________________________________________
________________________________________________________
4. She has no right to judge other people because of what they believe.
________________________________________________________
________________________________________________________
5. I have been asked to judge the students‟ translations.
________________________________________________________
________________________________________________________
Having listened to the witnesses for
defense and prosecution and
examined their testimonies, the judge
pronounced a five year imprisonment
sentence on the defendant.
The lexical item ُ‫حى‬

ُ can be translated as:
! verdict when it is reached and passed by jurors ٓ١‫ ُِحٍف‬.
! sentence when it is pronounced by a judge ٍ‫ لبك‬in a criminal
case.
EX: Translate the following text into Arabic paying extra attention to the
differences between the interfacing languages:
The public prosecutor

The public prosecutor is an official who acts for the public and on behalf of
the state against somebody accused of committing an important crime, such as
murder, robbery, arson, drug trafficking, rape, kidnapping, etc.
! The phrase ‘the public prosecutor’ can be translated into َ‫ٔبئت اإلدػبء اٌؼب‬.
Related words include „the public prosecution‟, which can be translated into
‫بثخ اٌؼبِخ‬١ٌٕ‫ا‬, َ‫اإلدػبء اٌؼب‬, َ‫خ اإلدػبء اٌؼب‬ٙ‫ع‬, and the like.
! The phrase ‘on behalf of’, which can be replaced with ‘in the interest of’, can
be rendered into ٓ‫بثخ ػ‬١ٌٕ‫ ثب‬or ‫ٌقبٌح‬.
The verb to prosecute means

a. (as a public prosecutor) to officially accuse somebody of
committing a crime in court َ‫ب‬ٙ‫ّعٗ ار‬ٛ٠/ُٙ‫ز‬٠.
b. (as a lawyer) to try to prove that a person accused of committing a
crime is guilty of a crime ‫ّخ‬ٙ‫ضجذ ر‬٠ ْ‫ي أ‬ٚ‫حب‬٠.
Consider the following table:

subject verb object for crime
theft
robbery
The lawyer blackmail shoplifting
The barrister prosecute(s) somebody for fraud
The solicitor forgery
The public prosecutor murder
manslaughter
arson
1. The public prosecutor prosecuted the young man for committing the
crime of shoplifting.
________________________________________________________
________________________________________________________
2. She was prosecuted by the barrister for theft.
________________________________________________________
________________________________________________________
3. Failure to pay the fine will lead to prosecution. So, it is better to pay it
as soon as you can.
________________________________________________________
________________________________________________________
4. The public prosecutor claims that the driver was driving his car at 100
miles per hour.
________________________________________________________
________________________________________________________
5. The witness for prosecution explained to the judge what he saw in
detail.
________________________________________________________
________________________________________________________
differences between the interfacing languages. Then annotate your own
translation according to Catford's (1965) shift theory:
! The phrase ‫ لبػخ اٌّحىّخ‬ٟ‫ ف‬can be translated into ‘at the court’, ‘at the law
court’, „at the court room‟, and the like.
! The verb ُٙ‫ اِر‬and ‫ اِسرىت‬can be translated into ‘to prosecute’ and ‘to commit’
respectively.
! The phrase ‫( ؽب٘ذ اإلصجبد‬also َ‫ )ؽب٘ذ اإلدػبء اٌؼب‬lends itself to ‘the witness
for prosecution’.
Your translation:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Annotation:
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
! The defendant !
The defendant is a person who has been
accused of committing a crime. The
accused person is innocent until proven
guilty.
If it has been proven that s/he has

committed the crime, then, it means
that s/he is found guilty, legally called
„the convicted person‟.
However, if it has been proven that s/he
has not committed any wrong act, then
it means that s/he is found not guilty,
that is, innocent of the charges against
him/her.
! The lexical item ‘defendant’ lends itself to ِٕٗ ٛ‫ ِؾى‬in criminal cases and ٟ‫ِذّػ‬
ٗ١ٍ‫ ػ‬in civil cases.
! The translator needs to distinguish among lexical items, such as ُّٙ‫‘ اٌّز‬the
accused person’, ٗ‫‘ اٌّؾزجٗ ث‬the suspected person’, and ْ‫‘ اٌّذا‬the convicted
person’.
! The verb )ً‫ّخ ِضال‬٠‫ اسرىت (عش‬can be translated into ‘to commit’ (a crime).
! The lexical item ‫ِزٔت‬, which is the opposite of ‫ء‬ٞ‫‘ ثش‬innocent/not guilty’,
lends itself to ‘guilty’.
! The phrase ٗ١ٌ‫ثخ إ‬ٛ‫إٌّغ‬, which collocates well with the noun ُٙ‫ر‬/‫ّخ‬ٙ‫‘ ر‬charges’,
can be ignored in such a context as the adjective ‘innocent’ in English is
followed by the preposition ‘of’, as in:
The court found him innocent of the crime. Such a sentence can be translated in this
way:
EX: Translate the following short texts into Arabic, paying extra attention to
the differences between the interfacing languages:
1. The word jury refers to a sworn body of people (usually 12) who have
been chosen to hear the case and decide whether the defendant is
guilty or innocent.
________________________________________________________
________________________________________________________
________________________________________________________
2. In his office, the lawyer warned his client that any manufacturer who
does not conform to the standards could be prosecuted under the
Consumer Protection Act, 1999.
________________________________________________________
________________________________________________________
________________________________________________________
3. Court ushers make sure that everyone involved with a court case is
present. Further, they make sure that they have to know what they
have to do during the hearing. In other words, they carry out various
tasks to help the process run smoothly.
________________________________________________________
________________________________________________________
________________________________________________________
! The lexical item ‘jury’ can be translated into ٓ١‫ئخ ِحٍف‬١٘.

! The word ‘client’ here lends itself to ًّ‫و‬ِٛ.
! The verb ‘to conform’, which is followed by the preposition „to‟, can be
rendered into ‫ّذ ثـ‬١‫زم‬٠ or ‫ٍزضَ ثـ‬٠. One of its synonyms is ‘to comply with’.
! The word ‘under’ can be translated into ‫عت‬ّٛ‫ ث‬or ٝ‫ثّمزن‬.
! The phrase ‘the Consumer Protection Act’ lends itself to ‫خ‬٠‫ْ حّب‬ٛٔ‫لب‬
‫ٍه‬ٙ‫اٌّغز‬.
! The lexical item ‘usher’, which is usually translated into )‫حبعت (اٌّحىّخ‬, lends
itself here to ٟ‫ْ لنبئ‬ٚ‫ ِؼب‬or ‫ِحنُش اٌغٍغخ‬.
EX: Translate the following short texts into Arabic, paying extra attention to
the differences between the interfacing languages:
The difference between a solicitor & a barrister

A solicitor is a qualified legal professional who provides legal advice to his
clients. His clients can be individual people, private companies or public
sector organizations.
Broadly speaking, solicitors deal with all the paperwork and communication
involved with their clients' cases, such as
! writing important documents and contracts.
! ensuring the accuracy of legal advice and procedure.
! preparing papers for court on behalf of their clients.
A barrister, on the other hand, provides specialist legal advice and represents
individual people, private companies, or public sector organisations in courts
and through written legal advice.
! The word ‘solicitor’ can be translated into ٟ‫ ِحبَ ِىزج‬to differentiate from
the word ‘barrister’ ‫ِحبَ ِزشافغ‬. In the USA, two different terms are used,
namely ‘counselor’ and ‘attorney’.
! The lexical item ‘professional’ as a noun can be translated into ٟ‫حشف‬
or ِٟٕٙ, but here it lends itself to ‫ؽخـ‬, as in ً‫ٔب‬ٛٔ‫ؽخـ ِؤً٘ لب‬.
! The discourse marker ‘broadly speaking’ can be translated into ً‫ِب‬ّٛ‫ػ‬,
ً‫إعّبال‬, َ‫ثؾىً ػب‬, etc.
! The word ‘procedure’ lends itself to ‫إعشاءاد‬.
! The verb ‘to represent’ can be translated into ًّ‫ّض‬٠.
Revision
EX: Translate ten of the following sentences into Arabic, paying extra
attention to the technical terms used.
1. According to the witnesses who provided testimony in the law case,
the robbery was carried out by three young people.
2. You have to sign the contract in the presence of two witnesses.
3. More witnesses are expected to testify at the trail today.
4. A doctor was called as an expert witness for the defense.
5. While I was in the city at the time of the riots, I witnessed many street
battles.
6. New witnesses have cast doubt on some of the evidence that sent the
25 year old to jail.
7. The key witness for the prosecution was offered police protection after
receiving death threats.
8. I arrived home in time and sadly witnessed how my son was taken
away by the police.
9. The judge reminded the witness for prosecution that she was under
oath.
10. The jury passed a verdict of guilty ‫حىُ اإلدأخ‬, appealing to the judge for
clemency ُٙ‫اٌشأفخ ثبٌّز‬.
11. The jury reached a unanimous verdict of not guilty.
Your glossary
CHAPTER SEVEN
TORT
Test yourself …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
tort, damage, causation, civil wrong, defendant, the injured person, plaintiff,
injury-producing action, …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
86 Chapter seven: Tort
Tort ‫المسؤولية التقصيرية‬
In civil cases based on negligence

liability, there must have been a civil
wrong committed by a person
against another.
In civil law, the injured person has

the right to bring a civil case to
court, asking for compensation for
an injury that s/he suffers from.
For example, if you walk in a

grocery store and slip on a banana
fallen on the ground, then you will
be considered the injured person
legally called „plaintiff‟, and the
shop owner is the negligent person
legally called „tortfeasor‟.
As a result, you are entitled to take a

civil action against the defendant,
asking for suitable compensation for
the medical bills, etc. that you may
spend money on.
! The verb ‘to sue somebody for/over’, which means to make a legal claim
against somebody, especially for money, can be replaced with more formal
verbs such as ‘to litigate’ or ‘to enter into litigation’.
! ‫خ‬١‫ لنبئ‬ٜٛ‫شفغ دػ‬٠ can be translated into ‘to take an action against’, ‘to ‘sue
somebody for’, ‘to bring a civil case to court’, ‘to bring a case against’,
‘to file a suit (claiming a breach of contract)’, etc.

! The phrase ْٛٔ‫ ثحىُ اٌمب‬lends itself to the adverb ‘legally’.
! The word ‘tortfeasor’ can be replaced here with the word ‘defendant’
ٗ١ٍ‫ ػ‬ٟ‫اٌّذّػ‬. Related words include ‘plaintiff’ ٟ‫اٌّذّػ‬.
! The expression ‫حك ٌـ‬٠ (also ٟ‫ )ٌٗ اٌحك ف‬can be translated into ‘somebody has
the right to …’, ‘somebody is entitled to …’, and the like.
The term tort in law

refers to a civil wrong
committed by a person
who is legally obligated
to provide a certain
amount of carefulness in
behaviour to another
person, thus resulting in
injury to another .1
person‟s property or .2
reputation.
.3
! The discourse marker َ‫ ثؾىً ػب‬can be translated into ‘generally’, ‘in

general’, ‘broadly’, ‘by and large’, and the like.
! The phrase َ‫ ِقذس االٌزضا‬lends itself to ‘the source of obligation’.
! The cognate accusative ً‫وب‬ٍٛ‫ عٍه ع‬can be translated ‘to behave in a way
that’, ‘to act in a certain way that’, etc.
! The word ‫ مشس‬in such a context lends itself to ‘injury’ or ‘harm’.
! The phrase ٞ‫ش‬١‫ اٌخيأ اٌزمق‬can be translated into ‘tort’
! The phrase ‫ فؼً مبس‬can be rendered into ‘injury-producing action’.

! The phrase ‫خ‬١‫ اٌؼاللخ اٌغجج‬lends itself to ‘causation’.
! The phrase ‫ً اٌّضبي ال اٌحقش‬١‫ عج‬ٍٝ‫ ػ‬lends itself to ‘for example but not
limited to’ or just ‘for example’, ‘for instance’, etc.
! The phrase ‫ح اٌمب٘شح‬ٛ‫ اٌم‬can be rendered into ‘force majeure’,
! The phrase ‫اٌمذس‬ٚ ‫ اٌمنبء‬can be translated into ‘Act of God’.
The elements of torts
Generally speaking, in some civil

cases, the injured person is entitled
to sue for damages.
Is it ‫ را‬،ٚ‫ ر‬or ٞ‫ ?ر‬Why
For a claim to be well-founded, there

must have been an injury-producing
action made by the defendant against
the plaintiff, which resulted in an
injury.
Is it ًٌ‫ْ ٕ٘بن فؼ‬ٛ‫ى‬٠ or ‫ْ ٕ٘بن‬ٛ‫ى‬٠
ً‫ ?فؼال‬Why?
More importantly, there must have

been causation between an injury –
producing action and the injury.
Then, the court will determine as

whether the defendant should be held
legally accountable for the injuries or
not.
Further, the court will determine

what type of compensation the
injured person is entitled to.
The pronoun ٗ‫ ــ‬attached to
‫غزحك‬٠ was not translated. Why?
Intentional Torts
An intentional tort is an act that is intentionally committed against another
person with the aim of causing harm. There are several intentional torts that
fall into this category, such as assault, battery, conversion, fraud, false
imprisonment, trespassing and invasion of privacy. Not every injury-
producing action is cause for an intentional tort lawsuit. However, the court
will look into the case brought by the plaintiff to determine whether the action
committed by the defendant is, in fact, an intentional act or just mere
wanton act not specifically meant to cause fear or injury, but is considered
reckless.
! The phrase ‘an intentional tort’ lends itself to ‫ش ِزؼّّذ‬١‫رمق‬.

! Although ‘assault’ and ‘battery’ are often paired together as one offense,
there is a slight difference between them. If the victim has not actually been
touched by the offender, but only threatened, then the crime is assault and
thus can be translated into ‫ح ثبالػزذاء‬٠ٍٛ‫اٌز‬. However, if the victim has been
touched by the offender in an offensive way, then the crime is battery and
thus can be translated into )ٍٟ‫اػزذاء (فؼ‬.
! The technical terms ‘conversion’, ‘fraud’, ‘false imprisonment’, ‘trespassing’
and ‘invasion of privacy’ can be translated respectively into ٍٝ‫الء ثبٌجبىً (ػ‬١‫اعز‬
)‫ٌخ‬ٛ‫اد ِٕم‬ِٛ, ‫بي‬١‫احز‬, ‫اٌحجظ ثبٌخيأ‬, ‫ش‬١‫ أِالن اٌغ‬ٍٝ‫ االػزذاء ػ‬and ‫ّخ‬١‫ف‬ٛ‫بن اٌخق‬ٙ‫أز‬.
! The phrase ‘injury-producing action’, which means an action that produces
an injury, lends itself to ‫فؼً مبس‬.
! The adjective ‘wanton’, which means showing no thought or care for the
rights, feelings, or safety of other people, lends itself in such a context to ً‫فؼ‬
‫زبس‬ٙ‫ اعز‬ٍٝ‫ ػ‬ٞٛ‫ٕي‬٠, ‫زبس‬ٙ‫ُّٕ ػٓ اعز‬٠ ً‫ فؼ‬or just ‫زش‬ٙ‫فؼً ِغز‬.
! The word ‘reckless’ lends itself literally to ‫إّ٘بي‬.
EX: Translate the following case into English, paying extra attention to the
! Here ‫ٓ ِٓ ػّش٘ب‬١‫ اٌخّغ‬ٟ‫ ف‬can be translated into ‘at the age of fifty’.
! ُ١‫ أل‬lends itself to ‘to hold’, as it collocates well with words like ‘race’
‫عجبق‬, ‘marathon’ ْٛ‫ِبساص‬, etc.
! The correlative conjunction ... ٝ‫ حز‬... ْ‫ ِب إ‬can be translated into ‘no
sooner … than …’, ‘hardly … when …’, ‘scarcely … when …’, ‘barely
…when …’, and the like.
! The word ‫ ػذّاء‬lends itself to ‘runner’.
! ٗٔ‫اص‬ٛ‫ فمذ ر‬can be translated into ‘to lose his footing’, ‘to lose his balance’,
and the like.
! ً‫ ِغججب‬lends itself to ‘causing’ or ‘thus causing’.
! The correlative conjunction ... ٝ‫ٍخ حز‬١ٍ‫بَ ل‬٠‫ ٌُ رّلِ أ‬lends itself ‘it wasn’t
long before/when …’, ‘no sooner had a few days passed than …’, etc.
! ‫ـ‬١‫ رُ رؾخ‬lends itself to a passive form: ‘it was diagnosed that …’.
! The word ‫ك‬ٛ‫ سم‬can be translated into ‘bruises’.
! ‫ ثحك‬can be translated into ‘against’, in particular when verbs like ‘to take’
or ‘to bring’ (an action against the negligent person) is used. However,
when the verb ‘to sue’ (somebody for …) is used, it is ignored.
! ‫ّخ‬١‫ ِذػ‬lends itself to ‘claiming’.
! The verb )‫ع‬ٛ‫ل‬ٌٛ‫ رؼّّذ (ا‬can be translated into ‘to intend to fall’, ‘to fall
deliberately’, ‘to fall willfully’, etc.
! ‫اي‬ٛ‫ حبي ِٓ األح‬ٞ‫ ثأ‬can be translated into ‘at any rate’, ‘in no way’, etc.
! ‫ب‬ٙ‫ِالثغبر‬ٚ ‫ّخ‬١‫ اٌمن‬ٟ‫ ػٕذ إٌظش ف‬can be translated into ‘when the case along with
its accompanying circumstances was looked into (by the judge)’.
Due to the high cost of legal action and complexity of EX: In a group
many civil cases, both parties may well try to reach a of two, identify
settlement, that is, an agreement to resolve a dispute non-finite
before being taken to court, thus saving their time, clauses.
money and energy.
If the parties do not settle the case out of court, then a court hearing
organized in a similar fashion to criminal cases will be held. There, each side
can state his/her case and present evidence. The court will ask witnesses to
provide their testimony. After the plaintiff and the defendant have presented
their cases, a jury or judge will decide the verdict. If they do not find that the
plaintiff has proven his/her case, then the case will be dismissed. Alternatively,
if the plaintiff has proven his/her case, then damages are awarded.
However, if the defendant disagrees with the verdict, then s/he might choose
to file an appeal to have the verdict overturned or to reduce the amount of
damages that s/he is liable for.
EX: Re-write the following sentences without changing their meanings:

1. Due to the high cost of legal action and complexity of many civil cases,
both parties may well try to reach a settlement. (use 'because')
______________________________________________________________
______________________________________________________________
2. The court will ask witnesses to provide their testimony. (change it to

passive)
______________________________________________________________
______________________________________________________________
! The verb ‫ ر٘ت‬here lends itself to ‘to hold’, ‘to argue’, and the like.
! The word ‫بء‬ٙ‫ فم‬can be translated into ‘scholars’.
! The phrases ٟ‫مشس ؽخق‬, ٌٟ‫ مشس ِب‬and ٕٞٛ‫ مشس ِؼ‬can be rendered into
‘personal damage’, ‘property damage’ and ‘damage to reputation’.
! The verb ‫ت‬١‫ق‬٠ in ً‫ئب‬١‫ت ؽ‬١‫ق‬٠ ‫ مشس‬ٛ٘ٚ can be ignored as in ‘a harm to
something’.
! The word ‫( ػمبس‬also ٓ١‫ )ػ‬can be rendered into ‘real’ or ‘real estate’.
! The phrase ‫خ‬١‫ً اٌضساػ‬١‫ اٌّحبف‬can be translated into ‘agricultural products’,
‘crops’, etc.
! The phrase ‫ّخ‬٠‫ ػب٘خ ِغزذ‬can be translated into ‘bodily infirmity’, ‘permanent
disability’, etc.
! ‫ّخ‬١‫( اٌّّزٍىبد اٌؾخق‬also ‫ّخ‬١‫)اإلِالن اٌؾخق‬ can be translated into ‘personal
properties’.
Defamation
The term “defamation” legally refers

to the act of publishing false
expressions and picture with a view
to defaming somebody else‟s
reputation.
There are two forms of defamation,

namely libel, that is a written
defamation, and slander, that is a
spoken defamation.
In such cases, the injured person has

the right to bring a civil action
against the defendant asking
compensation.
The verb )ٜٛ‫شفغ (دػ‬٠ can be translated into The word ‫ل‬٠ٛ‫ رؼ‬in such
 to bring a case cases can be translated into
 to sue (somebody) for/over compensation or damages.
 to take an action against
 to take a legal action against
 to bring a civil case to court
 to bring a case against
 to file a suit (claiming a breach of
a contract)
 to litigate
 to enter into litigation

‫خ‬١‫ثغ‬ ‫ِقيٍح‬
‫اٌمزف‬ ‫ٗ اٌغّؼخ‬٠ٛ‫رؾ‬
‫اٌغت‬ ًّ‫ؾ‬٠
‫ِيبٌجب‬ ‫ٔؾش ػجبساد‬
Revision
1. Our company has been recently sued for damages by the injured
workers.
2. If you decide to enter into litigation with her, you need to consult a
lawyer.
3. In some civil cases, the court may order the defendant to pay some
money called „damages‟ to the plaintiff for being harmed by the
defendant.
4. In some cases, a judge may issue a judicial order demanding the
defendant to stop infringing the plaintiff‟s legal rights. Such a judicial
order is called an „injunction‟.
EX: Translate the following civil case into English, paying extra attention to
How many finite verbs are

used in the first sentence?
Is there any time gap between

the act of walking and the act
falling in the second sentence?
 The word ‫لخ‬ٛ‫ ىبث‬can be translated into ‘brick’.

 ٞ‫ مشس عغذ‬can be translated into ‘bodily injury’.
 The phrase ‫ اٌغّغّخ‬ٟ‫ اسرغبط ف‬can be rendered into ‘concussion of the
brain’ or more technically into ‘cerebral commotion’.
 The word ‫بط‬١‫ ع‬can be translated into ‘brick fence’.
 The phrase ً١‫ حجً اٌغغ‬lends itself to ‘clothes line’.
 The verb )ً‫ال‬١‫ٕؾش (غغ‬٠/‫ ٔؾش‬in such a context lends itself to ‘to hang
(clothes)’.
Your glossary
CHAPTER EIGHT
DECREES & CONSTITUTIONS
Test yourself …
More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
constitution, decree, royal, preamble, order, …

More …
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
We, Qaboos Bin Said, Sultan of Oman,
After perusal of the State Basic Law

promulgated by the Royal Decree
No.101/96, 96 101
And the Labour Law issued by the

Royal Decree No. 34/73 and 43 73
amendments thereof,
And in accordance with the public .

interest,
Have Decreed as Follows: :
Perusal (n.) derived from the verb to To promulgate which

peruse, that is, to read through can be replaced with the
something, especially in order to find verb to issue means to
the part you are interested in, as in: put a law or decree into
effect by official
No sooner had he arrived home than proclamation. It also
he opened the newspaper and began means to promote an
to peruse the personal ads. idea or cause or make it
widely known.
EX: In a group of two, identify

 The subject of the main clause _____________________________
 The verb of the main clause _______________________________
 non-finite verbs ________________________________________
 complex prepositional phrases _____________________________
 examples of nominalization _______________________________
98 Chapter eight: decrees & constitutions
EX: Translate the following royal decree into English, paying extra attention
to the technical terms used and differences between Arabic and English.
Homework 97 65
96 101
.76 45
. 77 20
97 15
.
Ministry of Heritage
and Culture :
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Dear instructors: evaluate with your students the translation of the English
text adapted from Dickins et al. (2002: 196), paying extra attention to the
Broadly speaking, the preamble does

not form part of the agreement.
‫ب ػمذد‬ٍٙ‫ ِٓ أع‬ٟ‫ رغزؼشك األعجبة اٌز‬،‫ب‬ٕٙ‫ٌى‬ٚ
Rather, it represents the rationale for
.‫خ‬١‫االرفبل‬
having the agreement.
As such, the preamble does not have
the same legal status as the agreement
itself.
It is worth noticing that preambles
often begin with a first-person plural
subject „we‟ followed by a
parenthetical statement and then the
main verb of the sentence.
The discourse marker broadly speaking, which can be replaced with

generally, generally speaking, in general, and so on, lends itself to ،ً‫إعّبال‬
ً‫ِب‬ّٛ‫ ػ‬،َّٛ‫ اٌؼ‬ٍٝ‫ػ‬, etc.
EX: Comment on the translation suggested above by touching on

a. Vinay and Darbelnet's (1958/1995) procedures
b. Catford's (1965) shift theory
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
EX: Translate the following legal text, paying extra attention to the technical
terms used. Before embarking on translating the text, try to be familiar with
the technical terms used in this text and similar texts:
Declaration
The World Conference to combat Racism and Racial Discrimination,
Having met at Geneva from 14 to 25 August 1978 in accordance with General
Assembly by Resolution 32/129,
Recalling that the Charter of the United Nations is based on the principles of
the dignity and equality of all human beings,
Further recalling the designation by the General Assembly of the period
beginning on 10 December 1973 as the Decade for Action to Combat Racism
and Racial Discrimination,
Determined to promote the implementation of the Universal
Declaration of Human Rights,
Noting the vital need for the mass media to inform public opinion objectively
about the liberation struggle in southern Africa,
Noting further with the gravest concern that racism, racial discrimination and
apartheid, which continue to afflict the world, are crimes against the
conscience and dignity of mankind,
Solemnly Declares,
Any doctrine of racial superiority is scientifically false, morally condemnable,
socially unjust and dangerous, and has no justification whatsoever.
! The verb ‘to combat’ lends itself to ‫ِىبفحخ‬.

! The noun ‘racism’ lends itself here to ‫خ‬٠‫ػٕقش‬. Related words include
the the adjective ‘racial’ ٞ‫ ػٕقش‬or ٟ‫ ػشل‬and the homonymous word
‘race’ which can be rendered into ‫ عجبق‬or ‫ػِشق‬.
! The word ‘discrimination’, which is derived from the verb ‘to
discriminate’ ‫فشّق‬٠ or ‫ّض‬١ّ٠, lends itself in such a context to ‫ض‬١١ّ‫ر‬. In
Arabic, the word ‫ض‬١١ّ‫ ر‬collocates well with the adjective ٞ‫ػٕقش‬
‘racial’.
! The word ‘charter’ in ‘the Charter of the United Nations’ can be
translated here into ‫ضبق‬١ِ as in ‫ضبق األُِ اٌّزّحذح‬١ِ.
! The phrase ‘the conscience and dignity of mankind’ lends itself to
‫وشاِخ اٌجؾش‬ٚ‫ش‬١ّ‫م‬, ‫وشاِخ أثٕبء اٌجؾش‬ٚ ‫ش‬١ّ‫ م‬or ‫خ‬١ٔ‫وشاِخ اإلٔغب‬ٚ ‫ش‬١ّ‫م‬.
! The main verb of the declaration ‘to declare’ along with the adverb
‘solemnly’ lends itself to ً‫ب‬١ّ‫رؼٍٓ سع‬.
! ‘Any doctrine of racial superiority is scientifically false, morally -
condemnable, socially unjust and dangerous’ can be translated into
)‫ ُِغحِف‬:ٚ‫ش ػبدي (أ‬١‫غ‬ٚ ،ً‫ب‬١‫ِذاٌْ أخالل‬ٚ ،ً‫ب‬١ٍّ‫ صائفٌ ػ‬ٛٙ‫ ف‬ٞ‫ّق اٌؼٕقش‬ٛ‫ّ ِز٘ت ِٓ ِزا٘ت اٌزف‬ٞ‫أ‬
.‫ش‬١‫خي‬ٚ ،ً‫ب‬١‫اعزّبػ‬
! ‘has no justification whatsoever’ can be rendered into
.‫ اإلىالق‬ٍٝ‫جشسٖ ػ‬٠ ‫ظ ٌٗ ِب‬١ٌ ،‫ اإلىالق‬ٍٝ‫ظ ٌٗ ِجشسٌ ػ‬١ٌ ،‫ اإلىالق‬ٍٝ‫ال ُِجشس ٌٗ ػ‬
EX: Translate the following agreement between the government of Ireland

and the government of the United Kingdom of Great Britain and
Northern Ireland into English, paying extra attention to the technical
terms used and differences between Arabic and English.
The British and Irish Governments:
Welcoming the strong commitment to the Agreement reached on 10th April
1998 by themselves and other participants in the multi-party talks and set out
in Annex 1 to this Agreement (hereinafter “the Multi-Party Agreement”);
Considering that the Multi-Party Agreement offers an opportunity for a new
beginning in relationships within Northern Ireland, within the island of
Ireland and between the peoples of these islands;
Wishing to develop still further the unique relationship between their peoples
and the close co-operation between their countries as friendly neighbours and
as partners in the European Union;
Reaffirming their total commitment to the principles of democracy and non-
violence which have been fundamental to the multi-party talks;
Reaffirming their commitment to the principles of partnership, equality and
mutual respect and to the protection of civil, political, social, economic and
cultural rights in their respective jurisdictions;
HAVE AGREED as follows:
! In the phrase ‘welcoming the strong commitment to the Agreement

reached on ...’, there is a relative pronoun, i.e. ‘which’, deleted;
therefore, in translating it into Arabic, one may go for ُّ‫ ر‬followed by a
noun such as ًّ‫ف‬ٛ‫اٌز‬.
! Attention needs to be paid to duality; therefore, words like
‘governments’, ‘peoples’, ‘neighbours’, ‘partners’ etc. can be
translated into ٓ١‫ِز‬ٛ‫اٌحى‬, ٓ١‫اٌؾؼج‬, ٓ٠‫اٌغبس‬, ٓ١‫ى‬٠‫اٌؾش‬,etc. respectively.
! The main verb of the complex sentence is ‘agree’ used in the present
perfect tense, so you can use the particle ‫ لذ‬followed by a past tense to
reflect such an aspect, as in ‫فمذ ارفمزب‬.
! ‘Welcoming …’ here lends itself to ْ‫إر رشحجب‬.
! The phrase ‘the strong commitment’ can be rendered into ‫ذ‬٠‫االٌزضاَ اٌؾذ‬.
! The phrase ‘the multi-party talks’ can be translated into ‫ِحبدصبد ِزؼذدح األىشاف‬.
! The phrase ‘set out in Annex 1’ lends itself to 1 ُ‫ اٌٍّحك سل‬ٟ‫ّٓ ف‬١‫ ِج‬or ‫ب‬ٙٔ‫ب‬١‫ رُّ ث‬ٟ‫اٌز‬
1 ُ‫ اٌٍّحك سل‬ٟ‫ف‬.
! As discussed earlier, ‘hereinafter’ can be translated into ٟ‫ّب ثؼذ (ف‬١‫ٗ ف‬١ٌ‫اٌّؾبس إ‬
‫٘زا االرّفبق) ثـ‬.
! ‘Considering’ and ‘wishing to’ here lend themselves to ‫إر رأخزاْ ثٕظش االػزجبس‬ٚ
and ْ‫إر رشغجب‬ٚ respectively.
! The verb ‘to offer (an opportunity’ can be translated into ‫ح فشفخ‬١‫ز‬٠.
! The phrase „the unique relationship‟ can be rendered into ‫ذح‬٠‫اٌؼاللخ اٌفش‬.
! The phrase ‘the close co-operation’ lends itself to ‫ك‬١‫ص‬ٌٛ‫ْ ا‬ٚ‫اٌزؼب‬.
! ‘Reaffirming their total commitment’ can be translated into ‫ذ‬٠‫إر رؤوذاْ ِٓ عذ‬ٚ
َ‫ّب اٌزب‬ِٙ‫االٌزضا‬.
! The phrase ‘the principles of partnership, equality and mutual respect’
lends itself to ‫االحزشاَ اٌّزجبدي‬ٚ ‫اح‬ٚ‫اٌّغب‬ٚ ‫ِجبدا اٌؾشاوخ‬.
! The phrase ‘their respective jurisdictions’ can be rendered into ‫ٔيبق‬
‫ّب‬ٙ‫زز‬٠‫ال‬ٚ.
Dear students: evaluate the translation of the following legal text titled „The
Universal Declaration of Human Rights‟ ٌّٟ‫اإلػالْ اٌؼب‬
ْ‫ق اإلٔغب‬ٛ‫ٌحم‬, paying extra attention to the technical terms
and syntactic structures. Then, design your own English-
English mini-dictionary as shown below:
Preamble
Whereas recognition of the inherent
dignity and of the equal and
inalienable rights of all members of
the human family is the foundation of
freedom, justice and peace in the
.
world,
 Inherent (adj.): existing as a natural or basic part of something
inherently (adv.)
 inalienable (adj. also 'unalienable'): unable to be removed.
alien (adj.): coming from a different country, race, etc., that is, foreign;
strange or not familiar
alienate (v.): to cause someone or a group of people to stop supporting
and agreeing with you.
Whereas disregard and contempt for

human rights have resulted in barbarous
acts which have outraged the
conscience of mankind, and the advent
of a world in which human beings shall
enjoy freedom of speech and belief and
freedom from fear and want has been .
proclaimed as the highest aspiration of
the common people,
Whereas it is essential, if man is not to
be compelled to have recourse, as a last
resort, to rebellion against tyranny and
oppression, that human rights should be .
protected by the rule of law,
Whereas it is essential to promote the
development of friendly relations
between nations,
Whereas the peoples of the United

Nations have in the Charter reaffirmed
their faith in fundamental human rights,
in the dignity and worth of the human
person and in the equal rights of men
and women and have determined to
promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged

themselves to achieve, in co-operation
with the United Nations, the promotion
of universal respect for and observance
of human rights and fundamental
.
freedoms,
Whereas a common understanding of
these rights and freedoms is of the
greatest importance for the full
realization of this pledge, .
Now, therefore THE GENERAL

ASSEMBLY proclaims THIS
UNIVERSAL DECLARATION OF
HUMAN RIGHTS as a common
standard of achievement for all peoples
and all nations, to the end that every
individual and every organ of society,
keeping this Declaration constantly in
mind, shall strive by teaching and
education to promote respect for these
rights and freedoms and by progressive
measures, national and international, to
secure their universal and effective
recognition and observance, both
among the peoples of Member States
themselves and among the peoples of .
territories under their jurisdiction.
Article 1.
All human beings are born free and
equal in dignity and rights. They are
endowed with reason and conscience

and should act towards one another in a
spirit of brotherhood. .
Article 2.
Everyone is entitled to all the rights

and freedoms set forth in this
Declaration, without distinction of
any kind, such as race, colour, sex,
language, religion, political or
other opinion, national or social
origin, property, birth or other
status. Furthermore, no distinction
shall be made on the basis of the
political, jurisdictional or
international status of the country
or territory to which a person
belongs, whether it be independent,
trust, non-self-governing or under
any other limitation of sovereignty.
.
Revision:
EX: Complete the translation of the following legislative decree No.19 of the
year 2001 with respect to promulgating the civil code:
We, Hamad bin Isa Al Khalifa, Amir of
the State of Bahrain
Having reviewed the Constitution,

________________________________ 1975 4
________________________________
________________________________ 1969
________________________________
________________________________
________________________________
________________________________ 12
________________________________ 1971
________________________________
________________________________ 1979 15
And having sought the opinion of
_______________________________,
And with the approval of the Council

of Ministers,
_______________________________
! ٞ‫ش‬١ِ‫ األِش األ‬can be translated as 'Amiri Order'.

! ‫د‬ٛ‫ْ اٌؼم‬ٛٔ‫ لب‬lends itself to 'the Contract Law'.
! ‫ْ اٌّشافؼبد‬ٛٔ‫ لب‬lends itself to 'Procedures Act'.
! ُ‫َ سل‬ٛ‫ اٌقبدس ثبٌّشع‬can be rendered as 'promulgated/issued by Decree
No …'.
! ٌٗ ‫ٓ اٌّؼذٌخ‬١ٔ‫ا‬ٛ‫ اٌم‬can be translated into 'the laws amending it'.
! ٞ‫ً اٌؼمبس‬١‫ْ اٌزغغ‬ٛٔ‫ لب‬can be translated as 'the Land Registration Law'.
! ٜ‫س‬ٛ‫ ِغٍظ اٌؾ‬lends itself to 'the Consultative Council'.
EX: Study the Constitution of the Hashemite Kingdom of Jordan of 1952

along with its official translation, and then translate the Constitution of
the Kingdom of Saudi Arabia:
We, Talal the First, King of the

Hashemite Kingdom of Jordan, in
accordance with Article 25 of the
Constitution, and in pursuance of the
decision of the Senate and House of
Representatives, hereby approve this
revised Constitution and decree its
promulgation.
Article 1 :ٌٝٚ‫اٌّبدح األ‬
The Hashemite Kingdom of Jordan is an
independent sovereign Arab State. It is
indivisible and inalienable and no part of
it may be ceded. The people of Jordan
form part of the Arab nation, and its
system of government is parliamentary
with a hereditary monarchy.
.
Your glossary
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Translation

© Ali Almanna. 2017

All rights reserved. No part of this publication may be reproduced, stored in a

Cover designed by Sara Al Fakhri

Chapter 2 Syntactic features 12

Chapter 4 Contractual obligations 36

Chapter 6 People & Law 68

Chapter 8 Decrees & Constitutions 95

Translating legislative texts is different from other types of translation as it

The process of writing & draftsman’s position

to avoid such situations, draftsmen have to endeavour to use, what Bhatia

originator writer text author text

lawyers and Readership lay

(a) Legislative (b) Other Texts

Diagram: Communicative purpose and readership

Both parties hereby agree as follows: :

The Contractor shall be deemed to

! made and entered into ‫ رحشس‬ٚ‫ز أ‬١‫ّض اٌزٕف‬١‫دخً ح‬ٚ َ‫أُثش‬ !

! true and correct ‫ح‬١‫فح‬ٚ ٟ‫م‬١‫حم‬ !

This Agreement may not be

This agreement made and entered

The party of the first part = the

In legal English, “syntactic features are probably more distinctive of legal

Sentence length and complexity

If the Contracted Party fails to assume the

Following is another example quoted from Hatim et al. (1995: 178-179):

and all-inclusiveness at the expense of naturalness (for more details, see

Complex prepositional phrases Simple prepositions

In addition to their high frequency in legal texts, the complex prepositional

Following is another example quoted from Hatim et al. (1995: 186-187):

At the expiry of the period of lease,

lease and having notified the lessor of

Whereas I am the owner of the

Having perused a number of legal documents, we have found that the

in conformity with ‫فمبً ٌـ‬ٚ

with the consent of ‫ثشمب‬

Moreover, legislative writing sometimes includes both types of prepositional

Following is another example adapted from Sabra (2003: 124):

The Employer [which is] named in the

= has the right to

contract unless he is resident in the

- Return tickets from the Kingdom to -

The Ministry shall pay the Contracted Party

The Contractor shall not purchase ‫ي ثؼذَ ؽشاء‬ٚ‫ذ اٌّمب‬ٙ‫زؼ‬٠

All improvements made by the Lessee

EX: Determine whether the underlined verbs in the following agreement

The British and Irish Governments:

 In the above text, welcoming, considering and wishing to lend

Now, let us change the following underling clauses to non-finite clauses.

The Contracted Party shall be entitled

The summer leave regarding teachers

Following are two examples adapted from Sabra (2003: 38-9):

The Buyer shall pay 5% interest on all 5

payments are in default.

Landlord shall have the right, subject

If the Buyer pays off all his

In the event that the Seller is unable

He shall not be entitled to sick leave _

______________________ ______________________ , Landlord may

, Landlord may