The Transfer of Islamic Legal Terminology in the Algerian Family Code from Arabic into French

Abstract

The Algerian Family Code derives its substantive foundation from Islamic Sharia, and its provisions areoriginally drafted in Arabic, which confers upon it a distinct religious and cultural character. Owing to the presence of Islamic terms imbued with binding legal-religious connotations, their translation raises particular challenges related to conveying the original Sharia-based meaning with accuracy and authenticity. This difficulty is further compounded by the dual nature of the Family Code, which combines Islamic reference in substance with French legal drafting methodology in form. The intersection between the religious foundation and the positivist legal framework has rendered the translation of Islamic legal terms into French increasingly complex, as the challenge extends beyond mere linguistic transfer to ensuring the preservation of the Sharia concept while achieving conceptual and legal adequacy within the French legal formulation.