LINGUISTICS ELEMENTS OF ARABIC LANGUAGE APPLIED BY IMAM SHAFI I IN ISLAMIC JURISPRUDENCE

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1 International Journal of Civil Engineering and Technology (IJCIET) Volume 10, Issue 01, January 2019, pp , Article ID: IJCIET_10_01_156 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed LINGUISTICS ELEMENTS OF ARABIC LANGUAGE APPLIED BY IMAM SHAFI I IN ISLAMIC JURISPRUDENCE Wan Zulkifli Wan Hassan Pusat Citra Universiti, Universiti Kebangsaan Malaysia, Malaysia Nabilah Abdullah Ministry of Education Malaysia, Malaysia Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus Pusat Citra Universiti, Universiti Kebangsaan Malaysia, Malaysia ABSTRACT Language plays an important role in imparting and communicating any form of message, information and knowledge to the society. In the history of Islamic civilization, the primary language of communication is Arabic. Thus, the key to understanding the sources of Islamic civilization, Al Quran and hadith, is understanding Arabic. Understanding the linguistic elements of Arabic language is necessary to understanding Islamic Jurisprudence. However, differences of opinions amongst Islamic scholars brings about the question whether each scholars apply different linguistic methodology when making conclusions of a jurisprudence. This paper looks into Imam Shafi'i s methodology in text analysis of Arabic language when determining an Islamic jurisprudence. The findings reveal that a strong proficiency in Arabic language is necessary before determining an Islamic law. It is a prerequisite for a person to be proficient in the Arabic language to become a mujtahid. Imam Shafi'i is a renowned mujtahid is qualified for ijtihad because of his proficiency in the Arabic language. Thus his methodology of text linguistic of Arabic language in determining an Islamic jurisprudence reduces any disputes and differences in determining an Islamic jurisprudence. Key words: Arabic Language, Jurisprudence Imam Shafi i, Islamic Law. Cite this Article: Wan Zulkifli Wan Hassan, Nabilah Abdullah, Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus. Linguistics Elements of Arabic Language Applied by Imam Shafi i in Islamic Jurisprudence, International Journal of Civil Engineering and Technology (IJCIET) 10(1), 2019, pp editor@iaeme.com

2 Wan Zulkifli Wan Hassan, Nabilah Abdullah, Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus 1. INTRODUCTION In Islamic Civilization, the primary language of communication is Arabic. All teachings of Islam from Al-Quran and hadiths of Rasulullah (pbuh) are in Arabic Language. Thus a strong grasp of Arabic language is necessary for one to understand the contents of Al-Quran and the hadiths. Since there are many teachings and laws in the Qur'an and Hadith, a strong grasp of Arabic language is very much emphasized in understanding the Qur'an. Therefore, the scholars must be proficient in the language to ensure the interpretation of the Quran and Hadith is correct so that the correct jurisprudence decisions are made. This proves that the linguistic components of language play an important role and a disregard of it can lead to the interpretation of nass being disputed. To show that there is a significant relationship between the Arabic language and the verses contained in the Qur'an and the hadith which is a source of fundamentalism to Muslims in Islamic Civilization, a strong characterization in this language is required in interpreting the two sources. This article examines how Imam Shafi i, determines a particular hukm through linguistic analysis of Arabic language as a methodology and also to understand how he examined a law based on the Arabic language. Findings reveal the significant relationship between the linguistic aspect of Arabic language and the verses contained in the Qur'an and the hadith. 2. IMAM SHAFI'I EXPERTISE IN ARABIC LANGUAGE The popularity of Imam Shafi'i in the field of knowledge is undeniable in the history of Islamic Civilization. As a distinguished academic figure, he was a seeker of knowledge and also strongly committed to worshiping Allah s.w.t., which provided him with extreme spiritual and mental strength (Wan Zulkifli et. al. 2013). During his academic travels covering some of the major cities of Khalifah 'Abbasiyyah, he, successfully solved problems and issues in the society that had changed from traditions and customs. This is because he sought knowledge in various places such as Mecca, Medina, Yemen, Iraq and Egypt (Muhammad Abu Zahrah,1978M). Imam Shafi'i began his academic life by memorizing the Qur'an when he was in Ghazah and continued to do so the Masjid al-haram until he could memorize the whole book of Al- Quran by the age of seven (al-baghdadi (1417H / 1997M). He also focussed on understanding and learning the hadith with some of the major hadith scholars in Mecca and studied Arabic with Huzayl clan of the Arabs.This is to reduce any possible foreign language influences that exist in the cities (al-razi (unknown date), op. cit, h.9; Muhammad Abu Zahrah (1978 and 1987M). Imam Shafi'i studied and memorized poems of the Huzayl tribes because the poetry was very rich with Arabic vocabulary. Not only that, Imam Shafi'i travelled and lived the nomadic life with them to immerse himself into their way of life and traditions (Yaqut b. 'Abd Allah al- Hamawi al-rumi (1399H / 1979M; N. Abd Wahid, A. Mohd Yunos, N.H Abdullah. 2016). Imam Syafii not only memorized poems of the Huzayl tribe, but also poems by poets of the Jahilliah period (Mustafa al-syak'ah (1984). It is this literary and language skills that forms his thoughts, and this is clearly evident in his debates, speeches and writing. It is his mastery of the Arabic language both in literary and language skills that forms his thoughts. His mastery in text linguistics of the language, both of its syntactic units/vocabulary, grammatical functions and vocabulary and context situation, enables him to rebuke the arguments of those with different opinions (Jad al-haqq 'Ali Jad al Haqq. 1411H / 1991M; Muhammad Abu Zahrah. 1987M, Sufi Hasan Abu Talib. 1410H / 1990M) editor@iaeme.com

3 Linguistics Elements of Arabic Language Applied by Imam Shafi i in Islamic Jurisprudence With mastery in the field of language and literature, he was able to master other fields of knowledge. The fields of knowledge includes not only understanding the Qur'anic verses and al-sunnah but also includes the sciences. Imam Shafi'i's achievement in the field of language and literature was recognized by the then-known figure of Asmu'i in a statement: "I have taken Huzayl's poetry through Shafi'i." The above statements can be proven through his view that it is obligatory for every Muslim to learn the Arabic language to their best ability so as to be able to use the language to speak the syahadah, read and understand the Quran, and recite dzikir (al-shafi '.1393H). According to Imam Shafi'i (1393H) the importance of understanding Arabic is that one will be able to understand and explain clearly the hukm stated in the Al-Quran. This is because the language of the text is Arabic despite certain opinions that certain words are not of Arabic origin (al-shafi '. 1393H). Imam Shafi'i's expertise in Arabic language is recognized by many Islamic scholars including Ibn Hisham. He was very impressed with the beauty of the language contained in the book of Imam al-risalah written by Imam Shafi'i even though the subject matter of the book is Islamic jurisprudence (al-shafi'i, 1393H). At the same time he had the opportunity to study history and a few other skills. He became an expert in horse riding, archery, medicine, and astronomy (al-bayhaqi (1391H), al-baghdadi (1417H / 1997M), Syam al-din Muhammad b. 'Uthman al-dhahabi (1405H / 1985M); al-razi (tt). His mastery of the linguistics of Arabic language allowed him to be students in various fields. In Mecca, his teachers, were scholars of hadiths and also followers Ibn 'Abbas, such as Sufyan b.' Uyaynah (198H). He studied fiqh from Muslim b. Khalid al-zinji, followers of al- Imam Ja'far al-sadiq. He also received guidance from other scholars including Dawud Ibn 'Abd al-rahman al-'attas (175H),' Abd al-hamid Ibn 'Abd' al-'aziz Ibn Abi Rawdah al-uzdi (186H). Imam Shafi'i seized the opportunity to acquire all the knowledge that benefitted him as well as being inspired by the arguments and scientific debates. Therefore, he is able to defend every truth and reject all the falsehoods of the debate. Thus, the Abbasid era was considered a golden age in Islamic law (Jad al-haqq 'Ali Jad al-haqq (1411H / 1991M), Muhammad Abu Zahrah (1987M); Sufi Hasan Abu Talib (1410H / 1990M). As a scholar, Imam Shafi'i not only studied from them but also participated in discussions and debates with them. In addition to Muhammad b. Hasan al-syaybani, he also studied the Iraq sect from Waki 'b al-jarrah, Abu Usamah (Al-Razi (unknown date); Muhammad al-khudari Bik (1390H). 3. THE APPLICATION OF LINGUISTIC TEXTS OF ARABIC LANGUAGE IN DETERMINING ISLAMIC JURISPRUDENCE BY IMAM SHAFI'I Among the major reasons of conflict of opinions amongst scholars is due to the differences of mastery on the language. Allah SWT sends down the Qur'an in Arabic. The Word of Allah SWT in Surah Taha verse 113 which means: And thus, we have sent down the Holy Qur'an in Arabic, and we have repeatedly explained, in it some of the threats, so that they may fear or that the Quran will cause them to teach. Allah SWT chose the last of the Arabs and even Arabs who were most fluent in Arabic. The scholars would not be able to understand the contents of al-quran and al-sunnah of the Holy Prophet if they do not understand Arabic. The obvious difference among scholars in understanding Syara' laws is because of the differences of understanding Arabic including the mastery of Arabic literature and its linguistic traits and contextual meanings. Hence this contributes to the disagreement among scholars in determining a law contained in the Quran and hadith (Abdul Karim Zaydan. 1969). There are many examples that can be highlighted in editor@iaeme.com

4 Wan Zulkifli Wan Hassan, Nabilah Abdullah, Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus this discussion on the linguistic analysis of the Arabic language by Imam Shafi'i in determining hukm involving worship, muamalat (transactions), munakahat (family affairs) and crimes that take place in the field of fiqh Ibadat In the issues of ibadah or practices of worship in Islam, Imam Shafi i applied linguistic text analysis in his comprehension of the words in Arabic. Amongst them are those related to wudhu (minor ablution), such as disputes on the total area of the head to be wiped with water, and sequence in ablution. In the issue of the area of the head to be cleansed in ablution before prayers, disagreement arises in determining the area of the head to be cleansed. The reason for the dispute among the ulama is the use of the word ba' in Arabic which is mentioned in verse describing wudu'. Is the word to be interpreted to mean as including or also or is it just a phonetic addition. Scholars who interpret the words as to mean additional, argue that it is obligatory to cleanse one s whole head during wudu. Amongst those who takes this view is Imam Malik. Imam Malik argues that it is obligatory to cleanse the whole head. While Imam Shafi'i and some of the companions of Imam Malik and Imam Abu Hanifah is of the opinion that it is compulsory for only a part of the head to be cleansed rather than the whole area of one s head. Imam Shafi i did not place the limit (Mustafa Sa'id al-khin 1998). Abu Hanifah set ¼ level. Malik's companions set 1/3 or 2/3. However, for those who argue it is partly enough, it is sufficient for someone who takes a partial wipe of his head (Ibn Rushd, 1995). Another conflict of opinion on ablution, in determining the interpretation of the word waw. In the verse describing wudu the word can either be interpreted as to describe a total combination of or as to mean as part of a sequence or order. Imam Shafi'i and Imam Ahmad is of the opinion that it is obligatory to perform the ablution because the wording in the verse is used for order rather than giving a description of the set. While Imam Abu Hanifah and al-thawri, stated that it is not compulsory because for them waw in the verse is used as a set of merely non-order (Ibn Rushd 1995, Bidayah Mujtahid). Another conflict of opinion that arises is in the meaning of al-muwalat. They also dispute the view of consecutive. One interpretation of the word (al-muwalat) is consecutive sequence and that water on the previous areas of the body cleansed should not be allowed to dry before continuing to the next step. In other words, continuous sequence of order needs to be followed when the ablution is performed and one should not allow the ablution water to dry before proceeding to the next step in ablution. According to Imam Malik it is obligatory to complete the ablution in the proper sequencing of order for those who are able to remember and have the ability to do so. His reasoning of this is that the word waw ataf in the verse describing wudhu means a continuous sequence of actions that is one after the other. However, Imam Abu Hanifah and Imam Shafi'i, is of the opinion that consecutive sequence of washing parts of the body during ablution is not an obligatory act. This analysis of the word waw ataf in the verse describing wudhu is interpreted as used to mean as a flexibility and not sequence of order. This view is supported by the actions performed by Rasulullah SAW (Ibn Rushd, 1995) Muamalat (Transactions) In the muamalat chapter, there is a dispute among scholars about the number of days for a cooling off period for business transactions of either within 3 days or more. The problem is based on a hadith of Rasulullah SAW that tells a man to complain to Baginda SAW about how many sellers have committed fraud to him. Then, Rasulullah SAW said: "When you buy editor@iaeme.com

5 Linguistics Elements of Arabic Language Applied by Imam Shafi i in Islamic Jurisprudence and sell, then say, there can be no fraud, then you can make a choice (khiyar on each item purchased within three nights, if you agree, you can take it, and otherwise you may return it (Al-Bayhaqi, 2003). This dispute arises because of their understanding of the Arabic language based on the 'mafhum' adad. Mafhum al-'adad is a pronouncement whose law is tied up with numbers which deny the law other than that number. Abu Yusuf, Muhammad and Ibn Munzir, should require the selection of (khiyar) to what has been agreed upon between the seller and the buyer within a certain period of not less or more than three nights and days. In surah al- Ma'dah the first verse which means: "O ye who believe! Fulfill the covenant". According to Imam Malik, it should be more than three days depending on conditions and situations. For example, a buyer may be in a village that is far and the journey to reach the location of the seller is a minimum of four days. The ability to choose (khiyar) in the buying and selling transaction is considered as a necessity, thus can be determined accordingly to conditions. In addition, according to Imam Malik and its predecessors, the determination of the period may vary according to the items sold. For example the transaction of fruits, a produce that spoils easily, cannot be done within more than one day. While clothes and livestocks can be made khiyar for three days. However, when the transaction involves estate such as land, would require more time, and can take more than three days. Houses and such, and the like, it takes a minimum of one month (ibn Qudamah 1405H, al-mughni; al-sarakhsi 1989). On the other hand, Imam Abu Hanifah and Imam Syafi'i argued that it is not necessary to make a selection of the transaction (khiyar) of more than three days. According to Abu Hanifah, another hadith also mentioned that the limited period is three days as in the case of muamalat affairs with the purchase of milk that can be milked. However, the origin of the selection (khiyar) is not to be done except what has been revealed to him through certain passages. Imam Shafi i also argued with the mukhalafah (contradictory understanding) of the hadith, so it should not be more than that. This is because, Shariah has transferred the socalled absolute words to the so-called limited words with certain numbers, has certain interests and benefits. In the meantime, it will deny the law other than that (Ibn Qudamah, 1405H) Munakahat Another conflict of opinions regarding differences of meaning of a word are regarding marriage issues. Among them is because a word is considered a musytar, either a word with two or more meanings or with different or opposite meaning. This dispute occurs since the time of the companions when they disagreed about the period of iddah for divorced women by her husband. Two differing opinions were given on the matter. The first opinion is that a woman s the period of iddah is for three cleansed or pure menstrual cycles, the second three times of the menstrual cycle (Fadilah Sarnap 1998). There are two essential meanings of a word such as the word "al-quru" in the word of Allah: The meaning: The woman who is encouraged shall wait three times quru' (Surah al Baqarah 2: 228). This differences occurs because the word quru has two meanings which is equally powerful and used in almost identical situations. These two meanings are "menstruation" and "pure from menstruation." The word al-quru 'is the word mushtarak (applicable) in two meanings whether it is menstruation and pure. In the opinion of Abdullah bin Umar, Zaid bin Thabit and Aishah say the meaning "pure from menstruation" then decided that the actual period for iddah was three times pure from menstruation. In their husbands there is no right to refer to her as his wife after the third menstrual cycle (al-bayhaqi, 1990; Mustafa Sa'id al-khin, 1998) editor@iaeme.com

6 Wan Zulkifli Wan Hassan, Nabilah Abdullah, Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus On the other hand, according to Saidina Ali, Umar, Abdullah bin Mas'ud, Ibn Abas and Abu Musa al-asy'ari mean "menstruation", then decided that the period of iddah three menstrual cycles. So they argue that the husband has the right to refer his wife as long as they are not cleansed from the third menstrual cycle (al-bayhaqi, 1990; Mustafa Sa'id al-khin, 1998). According to Imam al-shafi I, he is of the first opinion that the intention of al-quru 'is pure rather than intentional menstruation. He argues that what is meant by "menstruation" in Arabic is the uterus loosening or expanding blood, so it can remove it (blood). Whereas the al-tuhr or the word pure is to mean the uterus holding the blood so as not to get out. Therefore, al-quru ' means purity rather than menstruation (al-shafi'i, 1990) Islamic Criminal Jurisprudence There is a dispute between scholars in the case of acceptance of testimony to people who have been punished for hudud for accusing others of committing adultery despite having repented. This dispute is due to their understanding of the exception or the word "illa" mentioned in al- Qur'an of the offense. It is noted in the words of Allah SWT which means: - And those who accuse the good women (of adultery) and they do not bring four witnesses, then their cursing (the accusation) eighty times, and do not accept their testimony forever. And these are the evildoers. Except those who repent afterward and improve, Allah is Oft- Forgiving, Most Merciful (Surah an-nur 24: 4-5) The above two verses mention three consecutive sentences of the type of punishment for crime of a person who accuses others of committing adultery as follows: First: The physical punishment, which is whipped by eighty strokes. The hurtful part of the body is a reward for his actions to hurt the good of the good people. The alleged allegations may also destroy the lives of the accused and their families. Second: Moral and social punishment, ie by abolishing all moral and social considerations of the accused. His testimony in financial, civil, social, and political matters is not acceptable. The word 'testimonies' in the above paragraph is revealed in the nakirah (general) and denial. Third: Religious punishment, by calling it a wicked person and putting it into the 'Fasiqun' of the Koran, denotes evil as opposition to faith. Then the three sentences mentioned in the two verses are followed by the form of exception. The question is, whether the exemption consists of all these three rulings or only refers to the last ruling stated in the verse. It is based on the exclusion given by God as HIS door of repentance is always open for those who wishes to repent. Scholars agree that this exclusion does not involve the first sentence because hudud punishment based on unfounded accusations involves the dignity and rights of a person. Mere repentance does not reverse accusation or the ruling towards the witness. In the next two sentences, there is a dispute between scholars. According to Imam Shafi'i (1393H), the exclusion involves both rulings. Therefore, the repentance is accepted to revoke the ruling of non-acceptance of his testimony, and also the fourth ruling of identifying the witness as a fasiq or impious. This view can be seen through the words of Imam Shafi i (1393H): "Whosoever accuses the Muslims of adultery, whether we sentence hudud or not, cannot be accepted until he repents, then when he repents, then his testimony is accepted". Imam Abu Hanifah argues that repentance is only permissible to overrule the fourth ruling, ie of being labelled as a fasiq or impious person. Repentance will not repeal the law of the fall of testimony from his side. Repentance does not overrule the ruling of his testimony as being unacceptable. Reasons for this is because the phrase non- acceptance of his testimony in the verse is viewed as unalterable. Because the 'fall of testimony' in the above verse is deemed God as eternal. "And do not accept their testimony forever (al-sarakhsi, 1989)." editor@iaeme.com

7 Linguistics Elements of Arabic Language Applied by Imam Shafi i in Islamic Jurisprudence 4. CONCLUSIONS Language plays an important role in understanding and establishing a hukum in Islamic jurisprudence. This is because the main source of Islamic civilization is the Quran and al- Sunah (Wan Zulkifli Wan Hassan et. al 2018). This article shows clearly that an understanding of the Arabic language is necessary to understand the content and sources of both Al-Quran and al-sunnah. Imam Shafi i among the scholars who have profound knowledge of the Arabic language was able to issue laws and laws contained in the Qur'an and al-sunnah. This allows the Muslim community to understand the contents of the two sources (Wan Zulkifli Wan Hassan et. al 2017). Despite certain differences of opinions in translating the meaning of certain words, it does not bring about any negative effect towards the community. In actual fact, it portrays a vibrant society of the Muslim scholars capable of intellectual discussions of knowledge that is capable of placing Islamic civilization at the height of excellence in the various sciences. REFERENCES [1] Wan Zulkifli et. al. 2013, The Thoughts Of Imam Ash-Shafi'ie On Interpersonal Skills In Self Development: A Conceptual Analysis, DOI: /idosi.wasj [2] 'Abd al-rahman al-mistawi, Diwan al-shafi'i, Beirut: Dar al-ma'rifah [3] Abdul Karim Zaydan. 1987, Al-Wajiz Fi Usul al-fiqh, c. 6, Beirut: Muassasah al-risalah [4] Al-Baghdadi Abu Bakr Ahmad b. 'Ali al-khatib. 1997, Tarikh Baghdad, Mustafa 'Abd al- Qadir (ed), Beirut: Dar al-kutub al-'ilmiyyah [5] al-bayhaqi Ahmad b. al-husayn, 1391H, Manaqib al-syafi'i, Cairo: al-halabi [6] al-bayhaqi. 1990, Ahkam al-quran li al-imam al-syafii, Beirut: Dar Ihya 'al-'ulum [7] al-bayhaqi. 2003, al-sunan al-kubra, Beirut: Dar al-kutub al-'ilmiyyah. [8] Al-Razi Abu 'Abd Allah Muhammad (unknown date), Manaqib al-imam al-syafi'i, Cairo: Maktabah al-'allamah [9] Al-Sarakhsi (1989), al-mabsut, Beirut: Dar al-ma'rifah. [10] Al-Shafi'i. 1393, al-umm, Beirut: Dar al-ma'rifah. [11] Ibn Qudamah. 1405H, al-mughni, Beirut: Dar al-fikr [12] Ibn Rushd. 1995, Bidayah Mujtahid, Beirut: Dar al-fikr [13] Jad al-haqq 'Ali Jad al-haqq (1411H / 1991M), al-fiqh al-islami Nasy'atuh wa Tatawwaruh, Cairo: Dar al-syabab. [14] Muhammad Abu Zahrah (1948M), al-imam al-syafi'i, Hayatuh wa 'Asruh, Cairo: Dar al- Fikr al -'Arabi. [15] Muhammad Abu Zahrah (1987M), Tarikh of al-madhahib al-islamiyyah, Cairo: Dar al- Fikr al-'arabi. [16] Muhammad al-khudari Bik, Tarikh of al-tasyri 'al-islami, Cairo: al -Maktabah al- Tijariyyah al-kubra editor@iaeme.com

8 Wan Zulkifli Wan Hassan, Nabilah Abdullah, Nazri Muslim, Jamsari Alias, Azizi Umar, Rozmel Abdul Latiff, Nani Rahayu Sallihuddin, Zulkifli Mohamad, Aminuddin Basir and Nasaruddin Yunus [17] Mustafa al-syak'ah (1984), Imam al-syafii, Cairo: Dar al-kutub al-islamiyyah. [18] Mustafa Sa'id al-khin, 1998, Athar al-ikhtilaf fi al- Qawa'id al-usuliyyah fi Ikhtilaf al- Fuqaha ', c. 7. [19] N. Abd Wahid, A. Mohd Yunos, N.H Abdullah. 2016, The contributions of Imam Shafi'i in Arabic language and literature, The Sosial Sciences 11 (5): [20] Wan Zulkifli Wan Hassan et. al. 2018, The Dynamics Of Zakat Distribution According To Shafi i School Of Law (Madhhab) In Fatwas Of Terengganu State, International Journal of Civil Engineering and Technology (IJCIET) 9 (1): [21] Wan Zulkifli Wan Hassan et. al. 2017, The Management Of Zakat Distribution In The Practice Of Fatwa In Terengganu, Malaysia, International Journal of Civil Engineering and Technology (IJCIET) 9 (1): editor@iaeme.com