RT info:eu-repo/semantics/doctoralThesis
T1 Problemática jurídica y terminológica de la traducción al español de los códigos de estatuto personal araboislámicos: el caso mauritano
A1 Prieto Monteagudo, Sonia
A2 Universidad de Valladolid. Escuela de Doctorado
K1 Traducción
K1 Legal translation
K1 Traducción jurídica
K1 Arabic
K1 Árabe
K1 Terminology
K1 Terminología
K1 5 Lingüística
AB In the post-colonial period, the Arab-Islamic countries had to formulate legal systems consistent with their new situation, which is why most of the codes governing personal status date back to this time, although some of them, such as the Mauritanian, are from recent date. Thus, countries with a majority Islamic population endowed themselves with different codes of personal status to regulate the facts and legal acts that govern human relations, including sections on marriage and its dissolution, filiation and inheritance (an aspect addressed in a very similar manner across different countries). In the Maghreb countries (Morocco, Algeria, Tunisia and Mauritania, with the exception of Libya), we find a dual legal framework as a result of the colonial past. On the one hand, there is French-inspired civil law, which attempts to adhere to international agreements. On the other hand, there are the legal sources of Islam, in its interpretation of the Maliki school, which governs women's rights and family matters. This explains the existence of very similar codes that transcend borders, justifying the use of one of them as a model to facilitate understanding of Islamic family law in general.Mauritania distinguishes itself from its neighbouring countries, both in the Maghreb region and Sub-Saharan Africa, by its enormous cultural and social richness and diversity. Whereas in other Maghreb countries, such as Morocco or Algeria, we can speak of a double origin of its population (Arab and Berber), in Mauritania we must mention several ethnic groups. However, this tremendously heterogeneous social reality in terms of its cultural and ethnic composition is not reflected in the normative texts.Generally speaking, we could divide the problems raised in legal translation into two possibilities: legal problems and linguistic problems. Regarding linguistic problems, legal translation always involves asymmetry between legal systems, with their characteristic legal concepts and figures, and can be linked to the notion of untranslatability due to the lack of full equivalences (terminological asymmetry would correspond to legal asymmetry). Other linguistic problems stem from issues intrinsic to the Arabic language. Among the problems that do not depend directly on language, we must highlight those arising from the different judicial and administrative organisation (procedural asymmetry). Some researchers have proposed criteria to solve the challenges posed by untranslatability, such as resorting to literal translation combined with oblique translation. This would involve using not only common procedures in literal translation, such as loanwords, calques, or word-for-word translation, but also others techniques like transposition, modulation, equivalence, adaptation, amplification, explicitation, omission or compensation. In this thesis, we offer a proposal for a direct Arabic-Spanish translation, which does not exist until now, with extensive comments, not only legal, but also on translation studies, where problems derived from legal terminology and phraseology are reviewed, along with possible solutions.It should also be pointed out that Spanish society today is a multicultural society as a result of various factors, with private law being, statistically, the branch of law in which most recourse is had to translation into or from Arabic. As examples of these translation needs, we can mention the recourse to the law of the country of origin in certain circumstances, which entails dealing with linguistic and translation problems, as well as collisions with the Spanish legal system.
YR 2023
FD 2023
LK https://uvadoc.uva.es/handle/10324/63661
UL https://uvadoc.uva.es/handle/10324/63661
LA spa
NO Escuela de Doctorado
DS UVaDOC
RD 24-nov-2024