ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860
A majority of laws operating in Pakistan are embraced from British Legal System. Therefore, the lingua franca in legal system of Pakistan is English. However, Arabic language, being a source of transmission of Islamic law, has a great contribution to compile legal terminologies in criminal and fami...
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| Format: | Article |
| Language: | Arabic |
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Research Gateway Institute
2022-06-01
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| Series: | دی اسکالر |
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| Online Access: | https://siarj.com/index.php/Siarj/article/view/358 |
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| author | Syed Mudasser Fida Gardazi Dr. Muhammad Faisal Dr. Qudsia Ishaq |
| author_facet | Syed Mudasser Fida Gardazi Dr. Muhammad Faisal Dr. Qudsia Ishaq |
| author_sort | Syed Mudasser Fida Gardazi |
| collection | DOAJ |
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A majority of laws operating in Pakistan are embraced from British Legal System. Therefore, the lingua franca in legal system of Pakistan is English. However, Arabic language, being a source of transmission of Islamic law, has a great contribution to compile legal terminologies in criminal and family laws of the country. The study in hand highlights such Arabic terms, their literal and technical meanings alongside the legal interpretations incurred by the higher judiciary of Pakistan. The asymmetry between English and Arabic criminal law creates difficulty for translators as the former lacks the capacity to comprehend needs and structure of the Islamic legal system. So, Islamic criminal law can appropriately be explained and applied only through the use of Arabic terminology. Moreover, the study concludes that the workability of Arabic terminology as legal transplantation to a large extent depends upon the social and judicial acceptance or absorption in the legal fraternity in particular and in the public in general. This is a simple cross-lingual text analysis where the study is limited to analyze the prevailing Pakistan Penal Code, 1860 (PPC) and excludes all other substantive and adjective laws. Hence, further research may be conducted to find the appropriateness for inculcation of the required variant terminology in comparison with other existing laws of the country.
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| format | Article |
| id | doaj-art-12f3dd4257804b5592eb03befbdbf3d8 |
| institution | OA Journals |
| issn | 2413-7480 2617-4308 |
| language | Arabic |
| publishDate | 2022-06-01 |
| publisher | Research Gateway Institute |
| record_format | Article |
| series | دی اسکالر |
| spelling | doaj-art-12f3dd4257804b5592eb03befbdbf3d82025-08-20T02:01:42ZaraResearch Gateway Instituteدی اسکالر2413-74802617-43082022-06-0181ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860Syed Mudasser Fida Gardazi0Dr. Muhammad Faisal1Dr. Qudsia Ishaq2Assistant Professor, Department of Law, the University of Azad Jammu and Kashmir, Muzaffarabad, AJK, PakistanAssistant Professor, Department of Arabic, the University of Haripur, Hattar Road Near Swat Chowk, Haripur, KP PakistanAssistant Professor, Department of English, the University of Azad Jammu and Kashmir, Muzaffarabad, AJK, Pakistan A majority of laws operating in Pakistan are embraced from British Legal System. Therefore, the lingua franca in legal system of Pakistan is English. However, Arabic language, being a source of transmission of Islamic law, has a great contribution to compile legal terminologies in criminal and family laws of the country. The study in hand highlights such Arabic terms, their literal and technical meanings alongside the legal interpretations incurred by the higher judiciary of Pakistan. The asymmetry between English and Arabic criminal law creates difficulty for translators as the former lacks the capacity to comprehend needs and structure of the Islamic legal system. So, Islamic criminal law can appropriately be explained and applied only through the use of Arabic terminology. Moreover, the study concludes that the workability of Arabic terminology as legal transplantation to a large extent depends upon the social and judicial acceptance or absorption in the legal fraternity in particular and in the public in general. This is a simple cross-lingual text analysis where the study is limited to analyze the prevailing Pakistan Penal Code, 1860 (PPC) and excludes all other substantive and adjective laws. Hence, further research may be conducted to find the appropriateness for inculcation of the required variant terminology in comparison with other existing laws of the country. https://siarj.com/index.php/Siarj/article/view/358Language in Law, Criminal law, Arabic Terminology, Islamic Law, Pakistan |
| spellingShingle | Syed Mudasser Fida Gardazi Dr. Muhammad Faisal Dr. Qudsia Ishaq ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 دی اسکالر Language in Law, Criminal law, Arabic Terminology, Islamic Law, Pakistan |
| title | ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 |
| title_full | ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 |
| title_fullStr | ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 |
| title_full_unstemmed | ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 |
| title_short | ENGLISH- THE TRANSPLANTATION OF ARABIC TERMINOLOGY IN CRIMINAL LAW: A CROSS-LINGUAL TEXT ANALYSIS OF THE PAKISTAN PENAL CODE, 1860 |
| title_sort | english the transplantation of arabic terminology in criminal law a cross lingual text analysis of the pakistan penal code 1860 |
| topic | Language in Law, Criminal law, Arabic Terminology, Islamic Law, Pakistan |
| url | https://siarj.com/index.php/Siarj/article/view/358 |
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