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Jan 30, 2005 07:04
19 yrs ago
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English term

civil vs. civilian

English to Arabic Law/Patents Law (general) classification of cases, courts, and jurisdictions
Civil courts are contrasted with criminal courts, while civilian courts are contrasted with military courts. How would one go about making this contrast in Arabic? I have seen both "civil" and "civilian" uniformly translated as مدني

Discussion

Fuad Yahya (asker) Feb 6, 2007:
Link Update Mr Teng Hwang Tan of Queen's University, Belfast, asked me to update the link to the QUB Human Rights Centre (in Nesrin's answer). The new link is www.law.qub.ac.uk/humanrights.
Non-ProZ.com Jan 31, 2005:
The consensus so far I can see from the suggestions that there is a near unanimity on "civilian" being translated to ����

The difficulty seems to be with "civil" as contrasted with "criminal." I have given the example of "civil courts," but I want to clarify that the adjective is used to modify other nouns as well -- civil law, civil lawyer, civil law suit, civil action, civil case, civil litigation, civil trial, etc. A translation of the word "civil" needs to keep that in mind.

In response to some of the answers, I would like to point out also that civil law is not restricted to family law. It covers all kinds of disputes that are not considered criminal. For example, a wrongful death law suit is civil, not criminal, even if the same event is at the same time being tried criminally as a murder case.

In pointing out the confusion in the use of the Arabic term ����, I am not trying to say that the English equivalent is free of overlap. On the contrary, the expression "civil law" in English is quite confusing, as it carries another meaning that is quite different from what I described above, namely the legal tradition that is traced back to Roman law, as opposed to the Anglo-Saxon tradition of "Common Law." For the purpose of this question, I am overlooking this confusing aspect.

Nesring has also pointed out another source of confusion, namely the misuse of the term "civil" by careless commentators, who seem to be mostly American. Their lapses are almost criminal. We need to shun such offenders and aim for a better measure of consistency in order to be able to construct such a phrase as "a civilian civil case," for instance.

Proposed translations

10 hrs
Selected

ألمحكمه المدنيه أو (القضاء المدنى) ** محاكم المدنيين

In most Arab countries, there are Civil Affairs Laws and Courts ( non criminal) and has to do with dealing in contracts, business or labor etc..as opposed to Criminal Laws or Courts الجنائيه
And as the asker said. Civillian is a contrast with Military or non official.
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4 KudoZ points awarded for this answer. Comment: "Both amana(Ayman B.) and gaafar have suggested the same approach, which seems to be the best workaround for this dilemma. Thanks to all for all their valuable input."
52 mins

محاكم الأحوال الشخصية / المحاكم المدنية

as opposed to:المحاكم الجنائية

and المحاكم العسكرية
Peer comment(s):

agree Saleh Ayyub
29 mins
Thank you
agree Mohamed Elsayed
57 mins
Thank you
neutral Nesrin : I think محاكم الأحوال الشخصية is more limited than "civil courts" (Wehr gives "courts dealing with vital statistics" for it), But I can't say I have a better solution!
1 hr
Thank you
disagree Mohamed Gaafar : a court that has jurisdiction and often advisory powers over domestic disputes involving the rights and duties of husband, wife, parent, or child esp. in matters affecting the support, custody, and welfare of children —compare JUVENILE COURT
2 hrs
let me do some research and be back :) Thank you anyway, though
disagree amana(Ayman B.) : A combination of members translation is correct: المحكمه المدنيه أو (القضاء المدنى) ** محاكم المدنيين**
9 hrs
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2 hrs

'umuumii/'aama vs madanii

civil means related to public affairs then can be translated by 'umuumii/'aama
civilian is opposed to military then can be translated by madanii
I hope it helps
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2 hrs

المحاكم المدنية / القضاء المدني

المحاكم المدنية / المحاكم الجنائية
القضاء المدني / القضاء العسكري

أعتقد أنه إقتراح معقول ،

والله أعلم
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+3
5 hrs

المحاكم المدنية

THis may not be the answer you're looking for, cause - as you already stated yourself - المحاكم المدنية is in fact the term used for both in Arabic. Usually, the context makes clear in which sense exactly the term is used. Otherwise, I would go for something like Mueen's answer, or my comment to him, and add a word like "محاكم القضايا المدنية" as opposed to المحاكم الجنائية.

But what I wanted to point to is that, in English too, "civil courts" is often (don't know if I can say "usually") used as opposed to "military courts". So there is ambiguity there too (in German too, by the way Zivilgericht/Militaergericht).

see here e.g.

Prosecuting Terrorists Civil or Military Courts? August 8, 2003. Transcript prepared from a tape recording. 9:45 am. Registration. 10:00. Presenters: ...
www.aei.org/events/filter.,eventID.556/transcript.asp

Whether or not you've been convicted of a crime by civil or military courts; ...
jobsearchtech.about.com/library/job-application.rtf

Have no convictions by civil or military courts. Have not been previously disenrolled from officer candidate training. ...
usassi.army.mil/toolkit/page%204.03.htm

Cases of subversion are to be heard in civil or military courts, according to the relevant respective authority ...
www.law.qub.ac.uk/humanrts/emergency/timor/ti4.htm

See here
Peer comment(s):

agree A Nabil Bouitieh : With gaafar too.
10 hrs
agree Ali Khaireddine
20 hrs
agree Mohammed Abdelhady
7 days
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5 hrs

مدنية - أهلية

أهلية مقابل عسكرية
مدنية مقابل جنائية
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+1
3 hrs

المحاكم المدنية / محاكم (الشؤون) المدنية

I think maybe the best solution for such case is adding an explanatory between-brackets word like I did above, where civil court means محكمة (الشؤون) المدنية, while civilian court would mean المحكمة المدنية vs. military courts, or otherwise I would go with the other suggestion المحاكم المدنية مقابل محاكم المدنيين.

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Note added at 1 day 2 hrs 11 mins (2005-01-31 09:16:08 GMT)
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سألت محاميا عن معنى civil court فأخبرني أنها محكمة حقوق (أو حقوقية) وليس مدنية بالمعنى العام. وقد تطبق على المدني والعسكري (بصفته الشخصية)، وهي أحكام وقضايا تتعلق بحقوق مالية وتعويضية، لا تجريم فيها.
ولا يوجد مسمى رسمي يدعى civilian court، ليكون مقابلها military court.

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Note added at 1 day 2 hrs 13 mins (2005-01-31 09:17:43 GMT)
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محاكم حقوقية/محاكم مدنية
Peer comment(s):

agree Nesrin : How about "محكمة القضايا المدنية" for "civil court"? Though, fact of the matter is that المحكمة المدنية is used for both civil and civilian courts.
1 hr
that's another wayout, or maybe a translator is entitled to refer to such case in a footnote, no?
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+2
7 mins

المحاكم المدنية /محاكم المدنيين

المحاكم المدنية/المحاكم الجنائية
محاكم المدنيين /المحاكم العسكرية

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Note added at 3 hrs 16 mins (2005-01-30 10:20:38 GMT)
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محكمة الاخوال الشخصية لها اسم آخرa court that has jurisdiction and often advisory powers over domestic disputes involving the rights and duties of husband, wife, parent, or child esp. in matters affecting the support, custody, and welfare of children —compare JUVENILE COURT

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Note added at 3 hrs 39 mins (2005-01-30 10:44:06 GMT)
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family courts


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Note added at 1 day 7 hrs 27 mins (2005-01-31 14:32:00 GMT)
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civilian = مدنيين as opposed to military so I would stick to my first opinion
Peer comment(s):

agree Alaa AHMED
27 mins
thanks a lot Mr.Alaa
agree A Nabil Bouitieh
15 hrs
thanks a lot Mr.Nabil
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