Translation by explicature: a form-based approach for translating legal texts

Abstract

Based on relevance theory (RT), this study proposes translation by explicature (TE) as an approach for translating Sharia law texts. It recommends explicating such texts through various pragmatic processes, including saturation, disambiguation, reference resolution, and free enrichment. TE advises translators to approach the text interpretively, emphasizing its conceptual and procedural aspects, selecting elements based on the source text’s legal effect, and organizing the translation in accordance with the text’s purpose and legal impact. The study asserts that the selection of ST elements should adhere to the principle of relevance and be evaluated by establishing a context similar to that of the source text, while considering the principles of maximum cognitive effect and minimized processing effort for adequacy and validity.