Abstract

This study analyzes the concept of ambiguity in legal terms translated into Arabic and its impact on contract drafting in both English and Arabic. The study begins by establishing the conceptual framework of ambiguity, including its definition, etymological origin, and classification. It then proceeds to examine the various types of ambiguity, their causes, and the implications arising from ambiguity in contract drafting. Furthermore, the study discusses terms related to ambiguity by outlining their definitions, etymological origins, and illustrative drafting examples, while clarifying the distinctions between ambiguity and other similar legal concepts. The study adopts a descriptive-analytical methodology. The Main Results of Study: The ambiguity in contract language arises from multiple sources—linguistic, structural, and drafting practices—and significantly increases the risk of disputes, misinterpretation, and legal uncertainty. Contractual ambiguity leads to significant legal, financial, operational, and relational risks, including disputes, project delays, and erosion of trust, highlighting that unclear language directly undermines enforceability and contractual certainty. The Main Recommendations of Study: It is recommended to adopt a clear judicial methodology that first analyzes the text, then the context, and allows extrinsic evidence only when the language is reasonably ambiguous, ensuring contractual certainty. It is recommended to prioritize precise and context-aware drafting, clearly defining terms, specifying governing law, and minimizing vague or redundant language to ensure clarity and reduce disputes.

Keywords

Ambiguity; drafting; linguistic; structural.