الإصدار 6 - العدد 17 (2026-08-20)

Prerequisites for Achieving Equal Authenticity in Translating Legal Texts from Arabic into English

Dr: Ammar Farhan Mohammad

General Directorate of Education -Kirkuk

Equal authenticity is a fundamental principle in legal translation, requiring different language versions of the same legal text to have equivalent legal validity and interpretive authority. This descriptive study examines the main conditions for achieving equal authenticity in translating Arabic legal texts into English, focusing on linguistic, legal, cultural, and professional factors. Particular attention is given to the role of sworn translators, whose legal and linguistic competence, knowledge of comparative law, and familiarity with legal drafting conventions are essential to producing reliable translations. The study is conducted by two hypotheses. The first assumes that sworn translators can enhance equal authenticity by moving beyond literal translation and using appropriate syntactic restructuring to preserve the binding and performative force of the source text. The second assumes that linguistic transfer alone is insufficient and that sworn translators need functional strategies, including explanatory notes and parallel legal texts, to bridge differences between Sharīʿa, civil-law, and common-law traditions. The study concludes that equal authenticity depends on preserving the legal meaning, function, effect, and context of the original text rather than it’s wording alone.