The. Bylaws of Allston Brighton Islamic center

Transcription

1 The Bylaws of Allston Brighton Islamic center 15 n Beacon St Allston MA zamongajumath@gmail.com

2 Bismillah AL Rahman Al Raheem In the name of ALLAH, the most Gracious the most Merciful The Constitution of the Allston Brighton Islamic Center Tables of Contents: Articles / Sections # Page # Articles of Organization Article 1 Name and Location of Organization 3 Article 2 Main Aims and Objectives 3 Article 3 Memberships 3 Article 4 Amendments and Dissolution 4 Article 5 Bylaws and Shura Members 4 Article 6 Effective Date 4 Article 7 Head Office, Names of Directors and Fiscal Year 5 BYLAWS Section 1 Administration 6 Section 2 Executive Committee 6 Section 3 Religious Affairs Lead Person (Imam/Priest) Qualification of the Lead person or Imam Duties & Responsibilities of the Lead person 7 Section 4 Committees, Funeral Committee School Committee 8 1

3 Section 5 Financial Maintenance of ABIC 5.1 Voting Member Annual Fee Voting Member Dues Fundraising 8 Section 6 Meetings Voting Member Meetings Election Meetings Special Meetings Shura Members Meetings Sub Committee(s) Meetings Quorums Rescheduling a meeting requiring a quorum 9 Section 7 ABIC Members in Groups and their Election 9 Articles / Sections # Page # Section 7.1 Shura Members, Shura Committee Community Members and Election 9 Section 8 Resignation or Suspension of Members 10 Section 9 Power and Duties of Shura Members President Vice President General Secretary Treasurer 11 Section 10 Power and Duties of Shura Members 11 Section 11 Arbitration Section 12 Amendments board of trustees 12 2

4 ARTICLES OF ORGANIZATION ARTICLE 1 Name of the organization: ALLSTON BRIGHTON ISLAMIC CENTER (ABIC) Location (currently): 15 North Beacon Street, Allston, MA: zamongajumath@gmail.com Aims and Objective of ABIC ARTICLE 2 1. To establish an institution in the Allston Brighton and/or surrounding areas to help Muslim Community with their five (5) times daily prayers, and Friday Congregations. 2. To promote the principles of Islam based on the Holly Quran and the Sunnah of last Prophet Muhammad (PBUH). 3. To promote the learning of the Quran and Islamic education for the young Muslim generation of the Allston Brighton and surrounding Communities. 4. To provide Islamic services Such as, in the Holy month of Ramadan, Two (2) Eid festivals, weddings, Funerals, and counseling to Muslim community. 5. To promote best relationship among Muslim and/or Non-Muslim Communities. 6. To promote a better understanding of Islam between Muslim and other Communities. 7. To promote the participation of the American Muslims in Seminars and Conferences of the Islamic world inside or outside of United States of America. Memberships of the Center: ARTICLE 3 1. An applicant must be a Muslim, who believes that there is no god but Allah, in the Holly Quran and Prophet Muhammad (PBUH) as the last Messenger of Allah. 2. Membership dues must be enclosed with the application for membership. A member, whose annual membership dues have been paid timely, is considered a voting member. 3. An applicant must be at least 21 years of age to be a voting member with no outstanding dues. 4. Non-Muslim spouses of the voting members may become affiliate (non-voting) members of ABIC. 5. An applicant must be a legal resident of the state of Massachusetts with no criminal back ground. 3

5 ARTICLE 4 Amendments: 1. The Articles of Organization may be amended at Shura Member s meeting of ABIC duly called for this purpose. The notice for such a meeting will be mailed either by US Postal Services or via any Electronic device to the members of ABIC (who has registered their addresses and or mobile phone numbers for this purpose) at least 2 weeks before the day of the meeting. The notice shall describe the amendments in the Articles of Organization. 2. The Articles of Organization may also be amended at the election meeting of ABIC. The notice for the meeting shall also include notification of the proposed amendments as described. 3. A two-third (2/3) vote of the members present at the voting members meeting shall be necessary to amend the Articles of Organization. 4. Any voting member of the ABIC can join this meeting. Dissolution: 1. ABIC shall stand dissolved on the vote of ninety (90) percent of the voting members. 2. Upon the dissolution of ABIC the voting members, after paying or making provision for the payments of all liabilities of ABIC shall dispose of all assets of ABIC to an Islamic Organization(s), Organized under the existing Internal Revenue Code of the state of Massachusetts or the United State IRS regulations. ARTICLE 5 Bylaws and SHURA MEMBERS (Board of Directors): The bylaws of the organization have been duly adopted and the SHURA MEMBERS and its executive Officers, President, Vice president, General Secretary, and Treasurer whose names are set out on the Article 7, have been duly elected. ARTICLE 6 Effective Date: The effective date of the Restated Articles of Organization of ABIC shall be the date approved and filed by the Secretary of Commonwealth. If a later effective date is desired, specify such date shall not be more than thirty days after the date of filling. 4

6 ARTICLE 7 The information contained in Article 7 is not a permanent part of the Articles of Organization and can be changed to reflect current situation Head Office: The Head office of the said ABIC shall be located at 15 North Beacon Street, Allston, MA: or elsewhere in the State of Massachusetts subject to the approval of Shura Members. (Board of Directors) Current Shura Members: Names and addresses of current Shura Members/Board of Directors are listed here in the State of Massachusetts template. Executive Committee: President also called as Amir: V-President also called Naib Amir: General Secretary: Treasurer: Serzamin Khan Bakhtawar Khan Hider Amin Haroon Shah Officers: Community Affair, Education, Religious: Shura members: Haider Amin, Haroon Shah, Abdur Rasheed, Bakhtawar Khan Serzamin Khan, Sardar Yousaf, Nisar Ahmad, Gohar Adam Khan, Fazil Wahab, Tanveer Iqbal. Sarwar Amin. Fiscal Year: The fiscal year of the Organization shall end on the last day of the month of December. END OF ARTICLES OF ORGANIZATION 5

7 Bismillah Al Rehman Al Raheem In the name of ALLAH, the Most Gracious, the Most Merciful BY LAWS All bylaws and regulations shall be based on the Islamic principles as declared in the Holy Quran and the Sunnah of the Last Prophet Muhammad (PBUH). Section 1 Administration: All power to conduct the affairs of ABIC shall be vested in the general body of voting members. The voting members shall be administering the affairs of ABIC through a body of up to Fifteen (15) representatives to be called SHURA MEMEBERS also known as BOARD OF DIRECATORS. The said SHURA MEMBERS shall consist of four (4) Directors form the Executive Committee. as, President, Vice President, General Secretary and Treasurer. The Executive Committee shall be elected by the Shura Members from amongst themselves for two (2) years term. Section 2 SHURA MEMBERS Meetings: 1. The day to day activities of ABIC shall be conducted by the SHURA MEMBERS, 2. Following the November election and after the new SHURA MEMBERS has been formed, Shura members will select President, Vice President, General Secretary and Treasurer among themselves for the next two years terms. 3. The President cannot hold his position for more than two (2) terms. 4. Any member of the Shura Committee for the Office of the Executive Committee must be a legal resident of the State of Massachusetts, and a member of a Shura Committee and Funeral Committee for at least two years with no outstanding dues. 5. All actions of the Committee shall be subject to the approval of the Shura members.. 6. The General Secretary of the Shura Members shall be the General Secretary of the organization. 7. Members of the Executive Committee may resign any time with a 30 days prior notice. The Vice-President shall automatically become the President when the President s position is vacant. In the case of any other vacancy, including the position of Vice-President, the Shura Members shall select a replacement. Section 3 Religious Affairs: 3.1 Lead Person (Imam/ Priest): The Shura Members shall have the power to appoint a lead person (Imam) based upon the recommendation of a search committee, which shall include at least five voting members. The tenure of office of the lead person (Imam) will be determined by the Shura Members with the approval of the voting members of ABIC. 3.2 Qualifications of the Lead Person or Imam: 1. Practicing Sunni Muslim. 2. Sufficient Islamic education and training. 3. Excellent reputation of high Islamic moral character (based on Taqwa). 4. Ability to fluently communicate in English and to propagate Islam. 5. Since the majority in the center is following the Hanafi school of thought, it s compulsory the chosen imam belongs to the same school of thought. 6

8 3.3 Duties and Responsibilities of the Lead Person or Imam: 1. The Religious Director shall be responsible for all religions services of ABIC (Allston Brighton Islamic Center). 2. The lead person or Imam shall perform duties with assistance from the Religious Committee. Section 4 Committees: 1 The SHURA MEMBERS, may create any subsidiary Committee, such as Funeral Committee or School Committee, society, or association, which may be organized for any legal purpose consistent with the general purpose of ABIC. All committees, societies, or associations helping ABIC shall have legal and religious existence when they received the approval of the Shura Members, and they shall maintain financial and functional records in the manner prescribed by the Shura Members. A committee shall consist of at least three (3) members. 2 All committees activities shall be guided by the Committee Procedures approved by the Shura Members of ABIC. 3 All functions engaged in by the committees, societies, and associations shall be performed only with the full knowledge and approval of the Shura Members, and all treasuries of these bodies shall be placed at the disposal of the Shura Members anytime when the Shura Members requires any funds to be transferred to the Treasury of ABIC. 4 The SHURA MEMBER by a 2/3 majority of vote, may determine that a committee, society, or association is no longer needed, or not functioning in a manner consistent with the proper fulfillment of the general purpose of ABIC. 5 The SHURA MEMBER shall have the power to authorize or denial for the use of ABIC center for any member of ABIC, who wants to use the center for any kind of social gathering or any other reason under the principles of Islamic Law and the law of the State of Massachusetts. Shura Members can dissolve any committee any time with the funds to be transferred to ABIC s main account. 4.1 Funeral Committee: To become a member of the Funeral Committee a person must be legal resident of the State of Massachusetts and a paid member of the ABIC with no outstanding dues. For Funeral Committee member, there is a fee of $ for any single person or $ for husband and wife, which considered as a family. Any family with unmarried children will pay $50.00 per child. Families with elder parents and or in-laws (living with them) must pay $ for each person to be a member of Funeral Committee. People over the age of 70 years will be considered as single member, not as a family. Parents or in-laws of the members living with the family or separately, will have the option to pay their yearly Masjid Membership fee, either if they are working or not. This provision is only for community members reached age 70 years. In case of death in the community, there will be a 25% recollection of a fund from all members depend on the size of their families to cover the expenses paid from the Funeral Committee fund for any decease member(s). Any member who did not pay their Funeral Committee dues for two incidents will lose their membership from the Funeral Committee. Newborn babies of Funeral Committee members, who are registered with the Masjid, must be alive and reach to the age of two years to be eligible for burial services overseas in case of a death. Any child who 7

9 (God forbid) dies under the age of two years will be buried here locally and the body will not be sent overseas (by the Funeral Committee). Masjid and the Funeral Committee are not responsible for any miscarriages of any kind and will not pay for either the burial services and or hospital expenses to the members 4.2 School Committee: School is open every Saturday and Sunday time will be announced by the center when required for children to learn Islamic Studies, and Quran. A) Male and female students will have separate classes/sessions of their educational needs. Section 5 Financial Maintenance of ABIC: 1 Voting Members Annual Fee: There shall be a membership fee as decided by Shura per month/year payable by each and new voting member and by those members whose voting membership status has been interrupted. Membership fee must be paid 30 days prior to the election. 2 Voting Member Dues: Voting Membership dues may be paid quarterly or yearly. Any member who missed monthly/annual membership dues for 4 months will be terminated from ABIC s membership. 5.1 Fundraising: ABIC shall have the power to raise funds, through conducting activities such as annual banquet, international fairs, Books, CD, & or DVD fairs, Eid Festivals, etc. ABIC may give permission to any voting or nonvoting members of ABIC to use its center for a social gathering for a fee of 25% of the total fundraising. Any request for fundraising must be submitted to the Shura Members in written, 14 days in advance. The Shura Members may accept or deny any request. Section 6 Meetings: 1 Voting Member Meetings: Voting member meetings shall be held twice a year in April and October of each year, or in the event of a conflict or a special circumstance on an alternate day as determined by the Shura Members with a fourteen (14) days notification. 2 Election Meeting: The election meeting will be held in October, or another appropriate day, as determine by the Shura Members. 8

10 3 Special Meetings: Special meetings of the voting members may be called at the request of Shura members, and / or the officers or 20% of the voting members to deliberate on a special agenda item(s), if such a request conforms to the bylaws of ABIC. The requesters shall assign a spokesperson to meet with the Shura Members if necessary. The Shura Members will consider the request for special meetings. 4 The Shura Members Meetings: The Shura Members shall meet once a month on a day approved by the Shura Members. 5 Sub Committee Meetings: Sub Committees shall meet prior to their scheduled reporting dates to the Board/Shura Members. 6 Quorum: 1. Fifty (50) percent of all eligible members who have paid annual dues on time shall form a quorum for the voting member meetings. 2. Amendments to the Articles of Organization and bylaws, election, and deliberate on important matters shall require a quorum. 3. Quorum for a Shura Members meeting: A majority of the Shura members Including two officer shall constitute a quorum. 6.1 Rescheduling of Voting Members Meeting Requiring a Quorum: In the absence of a quorum, the said meeting shall be extended for a period of 30 minutes. If by this time a quorum has not been reached, the meeting shall be postponed to another dates, with prior notification by mail, or by posting it on the ABIC Bulletin Board, for a period of fourteen (14) days. If the quorum is not reached at the second time scheduled meeting, the matter in quorum shall be placed on the ballots of the next election meeting and shall be deeded by the voting Members. Section 7 ABIC MEMBERS in GROUPS and their ELECTION: ABIC Community members are divided in many groups. Each group will elect one head person as a group leader called as SHURA MEMBER SHURA MEMBER Shura Members is a person elected by his group to represent the group. Shura member must be in his group for at least one-year from the month of December (to Next December). Shura member must be a paid member of the ABIC Community and a member of the Funeral Committee with no outstanding dues for the last one year. Shura member must be a legal resident of the state of Massachusetts SHURA COMMITTEE Shura Members form a committee called as SHURA COMMITTEE, 7.3. COMMUNITY MEMBERS and ELECTION: Any person who would like to become ABIC Community/Masjid Member must be a legal resident of the State of Massachusetts and must have paid annual Membership Fee. Only those members of the ABIC 9

11 Community who have paid their membership dues will have the right to agree or disagree with the management of ABIC decisions 1. Election Day shall be the first week in November. 2. Shura Members elected and or selected by the Group Members. Will elect and or select 4 Members among themselves as President, Vice President, General Secretary and Treasurer for two years term. 3. Two members from a same family or close family ties to each other s that is for example, father/mother, husband/wife, son/daughter, brother(s)/sister(s), niece/nephew cannot run for the office at the same time/year. Ex-Shura Member shall be considered a Shura member for thirty (30) months 4. No proxy vote is allowed at any time. Section 8 Resignation or Suspension of Member(s): 1. Any member of the Board may resign by submitting a letter of resignation to the Shura Members with 30 days notice. 2. The Shura Members may remove an officer or Director of the Executive Committee by a two-third (2/3) majority vote. 3. The Shura Members may suspend or expel any member from membership of ABIC by a Two-third (2/3) vote. Discussing the issues regarding administration negatively at any other forum will be considered against the nature of membership. 4. The group member may suspend or expel there Shura member from membership of group by a simple majority vote. 5. Only the president, vice president, imam or appointee, are allowed to announce important events of administrative affairs. Section 9 Powers and Duties of the Executive Committee: 9.1 President: 1. The President shall preside over each regular and special meeting and shall observe the prescribed order of business. 2. The President shall have the right to execute all decisions of the Shura Members and has the right to determine a vote in case of tie. 3. The President shall have no right to act on any matter of the President s own accord or to conclude any agreement unless authorized by the Shura Members to do so. If necessity demands certain agreement which require immediate action, the president may make these decisions with the consensus of at least three (3) members of the Shura Members. At the first available meeting, President shall inform and conduct such action. 4. The president shall have the right to call a special meeting when necessity demands as directed by the Board. 5. If necessity requires the expenditure of certain funds when the President is unable to consult with others, the President shall have the right to spend up to an amount determined by the Shura Members and give an account of same at the first meeting. 6. The President shall have no right, while presiding, to make a motion or to confirm any motion before the decision of the members. 7. The President may be an advisor on every committee. 8. The President shall sign with the General Secretary, all contracts and legal papers and official documents in the name of ABIC, after approval by Shura Members and only the President and General Secretary shall have the right to affix the seal of ABIC. 10

12 9. The President shall be the spokesperson and shall have the right to appoint a spokesperson for the center or for the Media. 9.2 The Vice-President: 1. In the absence of the President, the Vice-President shall perform the President s duties and be entitled to all the President s prerogatives. 2. The Vice-president shall be an ex-officio member of every committee appointed by the Board. 9.3 The General Secretary: 1. The duties of the General Secretary shall be to keep the minutes of all the business and the Board of Directors/Shura Members meeting. The General Secretary shall also keep the record of all the activities of ABIC. 2. The General Secretary shall attend to all correspondence of ABIC of all sorts. 3. The General Secretary shall call all statutory meetings of ABIC and the Board meetings, prepare agenda, notify the concerned parties to the meeting(s), and keep minutes of all such meetings, and informing the members. 4. The General Secretary shall keep all documents, contracts, deeds, membership lists, contacts, minutes and procedures, and Seal of the ABIC. 9.4 The Treasurer: 1. The Treasurer shall handle all income received by ABIC and shall give a receipt for the same. The treasurer shall place all funds in banks authorized by Shura Members. 2. The treasurer shall keep accurate accounts of receipts and disbursements and shall give detailed report to the Shura Members every month and full statement at the annual meeting of ABIC. 3. The Treasurer shall transfer to the ABIC expense account periodically sufficient funds to allow payments of ABIC expenses. 4. The treasurer shall have no right to spend ABIC s fund except by the authority of the Board. The Treasurer shall give money only by check. 5. The treasurer shall sign all checks together with the President or the Vice-president and is responsible for the annual budget of ABIC. 6. The Treasurer must be bonded by a bonding company authorized to do business in Massachusetts, in an amount decided by the Shura Members. The fee shall be paid from the Treasury. 7. The treasurer s books shall be audited annually by an auditing committee appointed by the Shura Members. 8. The treasurer shall maintain records of all kind of transactions of ABIC in according with generally accepted accounting principles. Section 10 Powers and Duties of the Board of Directors/Shura Members 1. The decisions of all the Board shall be based on majority of vote. 2. The Board shall require all associations or committees connected or affiliated with ABIC to file with it a copy of the bylaws and/or procedures. 3. The Board shall have the right to use any funds reaming in the treasury of any dissolved sub-committee, organization, association under its control. 4. All fundraising activities must have prior approval of the Board. 5. Every member of the Shura Members shall attend all meetings of the Board. 6. If a member of the Shura Members is absent from three (3) consecutive meetings of the Board, or a total of four (4) meetings in one year, the Board will hold a hearing as to the continuation of said member in the Board. 11

13 7. If a member of Shura Members does not pay their dues for three (3) months, the Board shall have the power to terminate the said member services as member of the Shura Members. Shura Members shall be responsible for the cleanup of ABIC. 8. The Board shall have the power to interpret these bylaws, any rules and regulations that it may promulgate at any time, and its decision shall be final. 9. The Shura Members shall have the responsibility to define the duties and responsibilities of all individual who receive compensation from ABIC and the Shura Members shall assure that the defined responsibilities are carried out. Section 11 Arbitration Section 12 Arbitration will be the sole means to reach resolution for all otherwise litigable conflicts that may arise among the ABIC members, directors, officers, employees, volunteers, the persons served by the organization and all members of the committees or subcommittees. Arbitration will be based on the Quran and the recognized schools of Fiqa. The decision of the Arbitrator(s) is final and binding and cannot be appealed in court. The arbitrators shall be from those schools with knowledge in Islamic Fiqa and who are not paid or employed by ABIC. This arbitration clause shall be integrated, as appropriate, in the employment contracts, membership application forms, and all other contracts in which ABIC is a party. Amendments to the Bylaws: The Bylaws shall be amended in the same manner as provided for an amendment to the Articles Organization except that only a simple majority vote shall be required Board Of trustees: 1. Allston Brighton Islamic Center will oversee by a board of trustees from the Shura committee. The board of trustees will be the main principals of the Allston Brighton Islamic Center, responsible for the financial needs. The Board of Trustees will help the community to elect board of directors to run the daily business of the corporation. The Board of trustees will have an upper hand on any of the elected board, committee(s) or subcommittee(s) and can approve or reject any applicant or candidate who wish to run for the Board of Directors/Shura Member, board, committee or subcommittee, if they feel that the mentioned applicant or candidate, board, committee or subcommittee are not in the best interest of the Allston Brighton Islamic Center. 2. To become a member of the board of trustees, an applicant must be a legal resident of the commonwealth of Massachusetts, a paid voting member for at least two years, with no outstanding dues and must be a member of a Shura Committee and a paid member of the Funeral Committee for at least two years, with strong financial stability. 3. In case of a resignation and or death of a member of the Board of trustees, the replacement must be from the Shura Members with no outstanding dues of any kind by the current remaining Board of Trustees. 4. Two members from a same family or close family ties to each other s that is for example, father/mother, husband/wife, son/daughter, brother(s)/sister(s), niece/nephew cannot run for the office of the Board of Trusts and a Member of the Shura Committee at the same time/year. Amendments to the Bylaws are attached, THE END 12