CORPORATE BY-LAWS OF AL-HUDA ISLAMIC CENTER, INC.

Transcription

1 CORPORATE BY-LAWS OF AL-HUDA ISLAMIC CENTER, INC. Rev

2 Contents PREAMBLE...1 ARTICLE I - NAME...1 ARTICLE II - PRINCIPAL OFFICE...1 ARTICLE III - PURPOSES AND POWERS...1 ARTICLE IV - ORGANIZATION: GENERAL ASSEMBLY...3 ARTICLE V - THE GOVERNING BODIES...6 ARTICLE VI - COMMITTEES...13 ARTICLE VII - FINANCIAL MATTERS...16 ARTICLE VIII - DISSOLUTION OF ASSEMBLY...16 ARTICLE IX - AMENDMENT OF THE BYLAWS...17 ARTICLE X - FINANCE...17 APPENDIX A - CONFLICT RESOLUTION... i Corporate By-Laws of Al-Huda Islamic Center, Inc. Rev

3 PREAMBLE The following Bylaws shall be subject to, and governed by, the New York State Religious Corporations Law ( RCO ) and the Articles of Incorporation of AL-HUDA ISLAMIC CENTER, INC. ( the Articles ). In the event of a direct conflict between the herein contained provisions of these Bylaws and the mandatory provisions of the RCO, the RCO shall be the prevailing controlling law. In the event of a direct conflict between the provisions of these Bylaws and the Articles, it shall then be these Bylaws which shall be controlling. ARTICLE I - NAME The legal name of the Corporation/Organization shall be AL-HUDA ISLAMIC CENTER, INC., and shall herein be referred to as the Assembly. ARTICLE II - PRINCIPAL OFFICE The principal office of the corporation shall be located in the City of Ithaca, County of Tompkins, State of New York. The mailing address of the Corporation shall be 112 Graham Road, Ithaca, NY The Corporation may have such other offices, either within or without the State of New York, as the Board of Trustees may determine, or as the affairs of the Corporation may require from time to time. 1. BASIC CRITERIA ARTICLE III - PURPOSES AND POWERS 1.1. The Assembly's basic belief is the belief of Islam: "There is none worthy of worship but Allah and Muhammad is His last Messenger The Assembly membership pledges to adhere to Islamic principles as established in the Qur'an and the Sunnah Notwithstanding any donation, contribution or support received from any source, the Assembly pledges to maintain full autonomy and independence from all parties, organizations or governments, in accordance with the principles of Islam. Rev

4 2. OBJECTIVES 49:13 O mankind! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of Allah is the one who is most deeply conscious of Him. Behold, Allah is all-knowing, allaware. Hadith: "There is no superiority of an Arab over a non-arab, nor of a non-arab over an Arab... except in whoever fears Allah the most." The objectives of the Assembly shall be: 2.1 To continue to pursue the objectives and uphold the ideals of the Al-Huda Islamic Center of the Finger Lakes Charitable Trust and its Trustees, the efforts of whom made the formation of this Corporation possible; 2.2 The operation of a Masjid (mosque) in Ithaca in order to provide the Muslim community of Ithaca with a prayer place; 2.3 The operation of a community Islamic center; 2.4 To establish norms of respectful communication among members of the community, to reject disruptive conduct and treat all members equally; 2.5 To work for the advancement and dissemination of the true Islamic knowledge and the establishment of sound Islamic practices at all levels (as set forth in Article III, Section 1, above); 2.6 To promote better relationships between Muslims and non-muslims; 2.7 To promote a healthy ongoing relationship between the permanent resident community and the student communities; 2.8 To establish and maintain a cemetery for Muslims. 3. ACTIVITIES The Assembly shall assume all possible activities and functions that would enable it to achieve its objectives; this shall include, but not be limited to: 3.1 Collecting donations from the local community and neighboring communities; 3.2 Collaborating with Islamic religious organizations with respect to the above mentioned objectives; Rev

5 3.3 Organizing fund-raising dinners and events; 3.4 Outreach activities to the local community; 3.5 Dawah: Giving of reminder of the true message of Islam; 3.6 Interfaith dialogue. 4. STATUS Notwithstanding any other provision of these articles, the Assembly is formed exclusively for charitable, religious, and educational purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States internal revenue law. It shall not carry any other activities not permitted to be carried by: 4.1 An organization to which contributions are deductible under Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States internal revenue law, or 4.2 An organization to which contributions are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future United States internal revenue law, or 4.3 The Corporation is not formed for pecuniary profit or financial gain, and no part of the assets, income or profits of the Corporation is distributable to, or inures to the benefit of, its directors or officers except to the extent permitted under the Religious Corporations Law and/or the Not-for-Profit Corporation Law of the State of New York. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. 1. STRUCTURE ARTICLE IV - ORGANIZATION: GENERAL ASSEMBLY The Assembly, consisting of the Qualified Members as defined in the RCO and article IV, Section 2 below, shall be directed by three governing bodies; the Trustees, the Officers, and the Elders, known as the Majlis Shura, which literally means "Council of Consultation". The Trustees shall be responsible for the management of the monetary and physical property of the Assembly. The Rev

6 Officers shall be responsible for the day-to-day business operations of the Assembly. The Majlis Shura shall be responsible for the religious guidance of the Assembly. Terms for members of each body shall be no more than three years, with the possibility of consecutive terms upon election by the Assembly at the annual meeting, as described in Article IV, Section 6 below. 2. MEMBERSHIP The membership of the Assembly shall consist of persons who: 2.1 Are Muslims and outwardly adhere to Islam, strictly follow and abide by the Qur'an and the Sunnah (practices of the Prophet Muhammad peace and blessings be upon him), to show a good Islamic conduct, and practice it; 2.2 Advocate the basic criteria of the Assembly as set forth in Article III, Section 1; and 2.3 Adopt the objectives of the Assembly as set forth in Article III, Section 2; and 2.4 Accept the Constitution and Bylaws of the Assembly; and 2.5 For those from Ithaca and the Finger Lakes region, who are or who seek to be actively engaged in the community. 3. MEMBERSHIP APPLICATION The Membership Application shall be designed to acquire basic contact information deemed relevant to the purposes of the Assembly, but must include a statement of commitment: I, the undersigned, promise to abide by the Quran and Sunnah as detailed in the Basic Law of the Bylaws of the Al-Huda Islamic Center, and the objectives defined in these bylaws. I promise to participate and support in any measure or activity the General Assembly and/or the Majlis Shura choose to follow, so long as it is in accordance with the Quran and Sunnah. In the event of disagreement with the Majlis Shura or General Assembly, I will abide by the policies and procedures set forth to voice my complaint and will not spread the seed of discontent leading to community division. must be signed to validate the application. One application is sufficient for a family (i.e. husband and wife). 3.1 The Majlis Shura will review all membership applications before being approved. 3.2 Membership is inclusive to all members of the community, residents and students. Members will have voting privileges in the decision making procedures. At such time as it becomes relevant, annual membership levels and fees are to be determined by the Officers. 3.3 Non-Muslims are welcome to participate in Assembly activities as non-voting participants. Rev

7 4. PENALTIES Any Assembly member who is determined by the Officers to have violated a membership requirement shall be subject to one or more of the following disciplinary actions: advising, written warning, suspension, or expulsion, as deemed appropriate by the Officers. 5. ASSEMBLY RESPONSIBILITIES AND FUNCTIONS The Assembly shall: 5.1 Participate in Al-Huda Islamic Center activities and function as a nucleus of Islamic education and conduct; 5.2 Elect the Trustees, Officers, and Majlis Shura; 5.3 Adopt resolutions to promote the aims and purposes of the Al-Huda Islamic Center; 5.4 Sponsor amendments to the bylaws to be considered for review by the Officers; 5.5 Ratify amendments to the bylaws by a majority of those present to vote, when more than 50% of Qualified Voters are in attendance, after amendments are approved by the Officers; 5.6 Remove a member of the three managing bodies with due reason by a majority of those present to vote, when more than 50% of Qualified Voters are in attendance. 6. MEETINGS 6.1 The Assembly shall meet at least once every calendar year. 6.2 A special meeting shall be called within two months when formally requested by one third of the Assembly members. 6.3 The meeting shall presided over by the senior imam, moulvi or maulana of the mosque. 6.4 All members shall be informed about the time and place of a meeting no less than 14 days and no more than 30 days in advance. 6.5 Quorum consists of 50% Qualified Voters. 6.6 Unless specifically required otherwise by the Bylaws, the decisions in a quorum meeting are to be made by simple majority of members present and proxies. Rev

8 7. VOTING 7.1 Members are eligible to vote one month after completion of membership application, signature on commitment statement, and approval of the Majlis Shura. 7.2 Members attending a meeting may represent one proxy vote only. 7.3 Procedures for electronic voting and election related functions can be established with the approval of the Officers. 8. CONFLICT RESOLUTION PRINCIPLES AND DISSENT WITH THE ASSEMBLY As Muslims we recognize our obligation to enjoin good and to forbid evil, and that this must begin first with our own selves. When we witness an action by another that we feel to be in need of correction it is important to discern whether or not bringing mention about this will result in benefit or if it may result in harm, either to the individual who has performed the action or to the community. See Appendix A Conflict Resolution for further details on conflict resolution principles and procedures of the Assembly. 1. PURPOSE ARTICLE V - THE GOVERNING BODIES The Governing Bodies shall be responsible for safeguarding the creed integrity of the Assembly, providing policy guidelines for programs and activities, and performing such acts as may be necessary for the achievement of the overall objectives of the Assembly. 2. RESPONSIBILITIES AND FUNCTIONS OF THE GOVERNING BODIES 2.11 The Officers shall: Implement the Bylaws of the Assembly, in particular Article III; Provide policy guidelines for programs and activities; Supervise the general activities of the Assembly to ensure that they are within the framework of the Bylaws; Establish standing, advisory and ad-hoc committees; Supervise the activities of the standing committees. Rev

9 2.12 The Trustees shall: Approve the budget and plan of action; Advise in the control and management of the real estate and other assets of the Assembly; 2.13 The Majlis Shura shall: Interview and hire an Imam; Provide spiritual and moral guidance to the Assembly 3. MEMBERS OF THE GOVERNING BODIES 3.1 The Trustees and the Officers shall each be comprised of seven (7) members. 3.2 The membership of the Majlis Shura shall be determined by the Assembly at each annual election. 3.3 If the number of Trustees or Officers falls short of the required number, a member will be appointed for the remainder of the term by the Officers from among the regular members of the Assembly. Up to three appointed Officers or Trustees, in total, may be from outside Ithaca. 3.4 No one person may hold more than one Officer position at a time. 3.5 Each Trustee and Officer shall have an equal vote in decisions made by their respective governing bodies. 4. OFFICERS AND THEIR DUTIES 4.1 The President who shall: Act as the chief executive officer (ceo) of the assembly; Preside over all meetings of the officers and business sessions of the assembly; Organize and direct the meetings and work of the officers; Be the official representative and spokesman of the officers and of the assembly; and Make immediate decisions within the framework of the objectives of the assembly if there is need to make such decisions in matters that are not addressed by the constitution or the bylaws. The officers shall review and may reverse such decisions later. Rev

10 4.1.6 In the planned absence of the president, the president shall appoint the vice-president to act in his behalf. 4.2 The Vice-President who shall: In case of absence of the President, take over all the responsibilities of the President Be responsible for the internal and external correspondences of the Ithaca masjid assembly Inform the executive committee members about the date and time of executive committee meetings in advance. Remind executive committee members about outstanding action items that they need to work on Track and monitor membership registrations Prepare and present to the officers and to the general membership an annual report on the accomplishments and the general status of the assembly. 4.3 The Secretary who shall: Maintain the membership list and other records of the assembly, including property papers, insurance, marriage contracts, and so forth; Keep track of the list of names and addresses of brothers and sisters leaving our community Register the masjid with the authorities of the state and federal government on an annual basis, or as often as necessary, Regularly follow up on the legal and financial commitments of the masjid toward the governmental institutions in the city and the state Prepare an agenda (after consulting with the executive committee) and the minutes of meetings of the officers; and Notify the officers of the times and places of officers meetings 4.4 The Treasurer who shall be responsible for tasks relating to the collection, recording, management and disbursement of the assembly s money. In particular, he/she shall: Maintain record of all the financial transactions, expenditures and income of the assembly Collect and deposit all dues, fees and donations received on behalf of the assembly Rev

11 4.4.3 Send thank you letters and duaa for donations; Receive offerings collected during worship services and count them at the conclusion of the services, ensuring more than one person is involved collecting and counting the offerings Report regularly to the Trustee Board or Finance Committee regarding total funds pledged and actually received for the year. 4.5 Submit annually to the officers the name of at least one public accountant for approval as auditor of the assembly's account, in accordance with state and federal legal requirements.the Finance Officer who shall be responsible for monitoring the financial condition of the organization. In particular she/he shall: Prepare a budget of income and expenses for the next fiscal year and submit it to the officers Present before the officers a quarterly report on the financial position of the assembly, and submit to the officers and to the general membership an annual report on the financial condition of the assembly Ensure that any governmental reporting forms are filed and regulations met on a timely basis Ensure that the property of the assembly is properly covered by insurance for casualty and liability losses Work with the Finance and Maintenance Committees to prepare plans and projections for meeting medium and long-term maintenance costs of the assembly property and planning for capital improvements. 4.6 The Operations Officer who shall be responsible for overseeing the development and implementation of programming to serve the needs of the assembly and outreach to the greater community. In particular she/he will: Be the Officer liaison to the Islamic School, assisting with program development and scheduling coordination with other activities in the building Develop and maintain an events calendar for community activities Maintain oversight of the scheduling for all ongoing activities and function as the coordination person in addressing any requests for use of the building. Rev

12 4.6.4 Work with the standing committees in setting program goals that support the missions of the assembly Identify and prioritize needs in the assembly and the community for which programs or services must be developed Keep records of all events that are sponsored or run by the Corporation, including information such as key contacts, attendance and participation and future engagements that may be beneficial to explore, and develop mailing lists for follow up. 4.7 The Media/Technology Officer who shall be responsible for developing the infrastructure for public presentation and announcement of information and events. Among other responsibilities he/she will Coordinate databases developed from activities to create master contact lists on varied media platforms Develop and implement a consistent protocol for communications between members, Trustees and Officers, and the greater community Project current and ongoing needs of the assembly for equipment and secure information storage, define a budget for acquisitions and improvements and coordinate with the Finance Secretary to implement these as decided by the Trustees Harmonize the presentation of materials in various media platforms to promote consistency of style and graphic content where possible Develop an overall technical strategy to suit the needs of the assembly. 4.8 The Student/Youth Liaison Officer: When legally established, the Corporation shall develop a Student/Youth Liaison Officer position to promote the participation of students and youth in the organization, Voting privileges are to be defined and determined by the executive committee and approved by vote of the assembly. 4.9 Individuals may hold multiple officer positions, but no individual may be both the president and the secretary. 5. TERMS OF THE GOVERNING BODIES The term of a member of a governing body shall be biyearly and renewable based on performance, and provided he or she continues to satisfy the regular membership requirements of the Assembly. Only one half of the members of a governing body shall stand for election on any given year, half Rev

13 of first elected members shall have one year terms to allow for elections to occur in the second year. 6. ELECTIONS 6.1 The general assembly shall elect the members of the governing bodies in a duly convened meeting of the general assembly during the last week of September or first week of October by a secret ballot for the term of two years. 6.2 The Officers shall nominate an Election Committee consisting of three members from the Assembly at least one month before the election. The election committee shall conduct the election. 6.3 The election committee shall receive nominations with recommendation to a position in the governing bodies from any voting member until two weeks before the time of election. 6.4 The election committee shall verify the nomination in a view of conditions stated in the bylaws and it shall contact these nominees who are eligible for election to seek their consent. 6.5 The nominee for each post shall be a voting member. 6.6 Only members in good standing shall be eligible to vote in an election. In order to be in good standing a member must have paid his/her monthly dues for each of the twelve months prior to the election. Any member who would be ineligible to vote because he/she missed some monthly dues payments may become eligible by paying all the amounts for which he/she is in arrears. However, such payment of monthly dues arrears must be made no later than two weeks before the election. 6.7 If any of its elected members of a governing body cannot perform his or her duties until the end of the Election Committee term, the Officers may appoint an appropriate person to replace him/her for the remaining period and announce the appointee s name to the community. 7. MEETINGS OF THE OFFICERS 7.1 There shall be a minimum of six meetings of the Officers during the year, of which a minimum of two shall be in person and the rest may be held in conference calls. 7.2 Until its dissolution, at least one trustee of the Al-Huda Islamic Center of Finger Lakes Charitable Trust must be present at each meeting of the Officers, either in person or via telephone. Rev

14 7.3 An emergency meeting may be called by any Majlis member with the approval of the President. 7.4 Two thirds of the members shall constitute a quorum of Officers for official meetings. 7.5 Resolutions shall be made by consensus. If consensus cannot be reached, resolutions shall be made with a simple majority after referring to Islamic scholars whenever possible. In such a case the decision shall be taken no later than a second meeting. 7.6 Officers are required to participate actively in all scheduled meetings. An officer cannot miss more than two meetings in a calendar year. 7.7 Meeting minutes shall not be published for Assembly review until signed off on by both the President and the Secretary. 8. PENALTIES Any member of a governing body (including the President) who fails to perform his or her duties shall be subject to the following disciplinary actions: advising, written warning or dismissal from office, as deemed appropriate by the Officers. 9. IMAM 9.1. The Majlis Shura shall hire an Imam, or religious leader. The Imam shall have the following qualifications: Degree in religious/islamic education; Command of the English language; Excellent verbal and communication skills; Interpersonal skills; Piety/integrity; American cultural literacy; Not be affiliated with any overseas organization or group; and a citizen or permanent legal resident of (or otherwise legally permitted to work in) the United States of America The Imam shall also be the spiritual leader, a religious guide and resource for the community. Be able to perform but not limited to the following tasks: Lead daily Salat/Prayers and deliver Sermons Provide religious, spiritual and family counseling Rev

15 Officiate and conduct Life-Cycle events Provide input to all Islamic religious education Organize and conduct Islamic religious classes for adults and youth Be involved with inter-faith activities and outreach Be a community activist with focus on unifying and improving the community Work closely with other Islamic centers/mosques and organizations Participate in fundraising for the Center Will be responsible to teach and follow the progress of those who embrace Islam. 1. STANDING COMMITTEES ARTICLE VI - COMMITTEES Standing committees, including an Executive Committee, shall be appointed by the Officers to give advice and aid. The tenure of a standing committee shall be specified by the Officers. The responsibilities and duties of the standing committee are formulated in the Bylaws. The standing committees include but are not limited to the following committees. 1.1 SULH COMMITTEE Individual Sulh Committee members are to be available to the community as neutral parties to hear concerns of Assembly members. Those approaching the Sulh Committee or its members can be assured of confidentiality if they wish for this, unless exceptional circumstances require otherwise for the safety and security of the community. See Appendix A Conflict Resolution for further detail on the duties and procedures of the Sulh Committee. 1.2 SISTER S AFFAIRS COMMITTEE The Sister s Affairs Committee shall develop, plan and conduct activities for sisters such as social, cultural or educational. Rev

16 The Sister s Affair Committee in consultation with the Officers shall appoint sister(s), to act as a liaison between the sisters and the Executive Committee. 1.3 OUTREACH COMMITTEE The Outreach Committee shall plan and coordinate events and opportunities to present correct information about Islam and build positive relationships in the surrounding community, and with other communities of faith The Outreach Committee shall coordinate responses to requests tor speaking opportunities The Outreach Committee will maintain a contact database of guests and participants in programs and activities. 1.4 BURIAL COMMITTEE The Burial Committee shall be responsible for developing and implementing a protocol for our community to follow at the time of death of a Muslim to provide for a proper Islamic funeral and burial procedure The Burial Committee shall research and advise on where to best locate a cemetery for our community, or where to purchase a group of burial plots in a local cemetery that can accommodate our needs The Burial Committee shall prepare and propose a budget to the Finance Committee to establish a realistic financial target for planning with in considering our immediate and future end of life needs as a community. 1.5 PLANNING COMMITTEE The Planning Committee shall be responsible for identifying immediate, mid and long term goals necessary to consider for the proper functioning of the Islamic Center and community. They shall work in conjunction with the Finance Committee, the Officers, and Imam to set and prioritize goals that will determine the directions of long term development for the community The Planning Committee shall be responsible for the development of a day to day operational plan for the Masjid, a development plan to cover the startup and first three years for the organization, and shall be responsible for making specific project plans as are needed to accomplish the goals of the organization. Rev

17 1.5.3 The Planning Committee will participate in the development of budgets for carrying out the plans of the organization and make recommendations to the Finance Committee and the Officers, and are to advise the organization as to the most appropriate project management approach for the proposed projects. 1.6 DAWAH COMMITTEE Dawah Committee will be responsible to teach and follow the progress of those who embrace Islam. 1.7 EDUCATION COMMITTEE The Education Committee will oversee the curriculum, administration and operations of Islamic educational programming for children and adults. 1.8 INFORMATION TECHNOLOGY COMMITTEE The IT Committee is responsible for the design, implementation and maintenance of the website, social media and communications interfaces, as well as the development and implementation of a plan for information security for the Assembly. 1.9 MAINTENANCE AND GROUNDS COMMITTEE The Maintenance and Grounds Committee shall be responsible for the overview and operations required for upkeep and repair and regular maintenance of the land and buildings SOCIAL/RECREATIONAL/MEMBERSHIP COMMITTEE The Social Committee shall be responsible for the organization and coordination of activities to promote fellowship and the strengthening of ties between the members of our community The Social Committee will be responsible for establishing and implementing a protocol for welcoming new Muslim families and individuals into the community FINANCE COMMITTEE The Finance Committee shall work as a consulting and implementation team in conjunction with the Officers, Trustees, and Treasurer to develop annual budgets, organize and carry out fundraising drives and activities, and help to monitor the financial health of the Assembly. 2. ASSOCIATE COMMITTEES Rev

18 Associate committees may be appointed on a temporary basis from time to time by the Officers to give advice and aid. Examples of such committees which may be created are: 2.1 DESIGN COMMITTEE The Design Committee shall collaborate to create the conceptual designs required to bring the Masjid Project into full architectural development and consult with the Architect and Contractor to aid in the construction process as required. The Design Committee may also oversee the design and development of graphics and publicity and promotional materials for such purposes as are required. 1. REVENUES ARTICLE VII - FINANCIAL MATTERS The income of the Assembly shall be generated from unconditional contributions and support that shall be approved by the Trustees in accordance with the guidelines set forth in Article VII, Section 2 below; and revenues from activities of the Assembly. 2. CONTRIBUTIONS TO THE ASSEMBLY The Trustees may accept any unconditional contributions from any source consistent with the purpose of the Assembly and consistent with the principles of Islam. All contributions must be in compliance with any legal regulations of the United States governing solicitations and contributions. 3. COMPENSATION TO ASSEMBLY MEMBERS No Assembly member shall benefit from the assets or the revenues of the Assembly except that which the Trustees shall authorize paying as reasonable compensation for services rendered in the implementation of the objective of the Assembly (as set forth in Article III, Section 2). ARTICLE VIII - DISSOLUTION OF ASSEMBLY 1. MAJORITY NEEDED FOR DISSOLUTION Rev

19 The assembly can only dissolve itself with a majority resolution of the Officers. 2. DISPOSAL OF PROPERTY In the event of dissolution of the Corporation, all of the remaining assets and property of the Corporation shall after necessary expenses thereof be distributed to such organizations as shall qualify under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, subject to an order of a Justice of the Supreme Court of the State of New York. 1. AMENDMENT PROCEDURES ARTICLE IX - AMENDMENT OF THE BYLAWS 1.1 Articles I and II, Article III Sections 1 and 2, and Article X, paragraph 1.1 are unalterable. 1.2 The Officers may amend the Bylaws following any Assembly member's request. 1.3 In amending the Bylaws, the Officers shall form an associate advisory committee consisting of persons widely known to advocate the basic criteria and objectives of the Assembly as set forth in Article III. This associated committee shall study the constitution and the proposed amendments and shall then present its recommendations to the Officers for consideration and possible adoption. 1.4 Requirements for approval of amendment shall be by affirmative vote of at least 75% of the total Officers. 1.5 All proposals for amendments and approved amendments shall be kept on file, in addition to previous versions of the Bylaws. 1. ACCOUNTS OF THE ASSEMBLY ARTICLE X - FINANCE The Assembly shall maintain a General Fund which comprises the Assembly's revenues, receipts, all other incoming checks or cash, and all donations with the exceptions specified in the following paragraph. General fund moneys shall be deposited in a secure place. Should there be any necessity to deposit funds in an interest-based institution; such deposits should be limited to the minimum possible. 2. WITHDRAWAL OF FUNDS Rev

20 A withdrawal from the General Fund of up to $500 can be made by the Treasurer with no cosigner. Withdrawals or disbursements of more than $500 and up to $2,000 must be co-signed by the Treasurer and another Trustee. Withdrawals from the General Fund of over $2,000 shall be subject to the notification of all the Trustees and approval of the majority, and shall be co-signed by the Treasurer and any two of the Trustees. 3. FISCAL YEAR The fiscal year of the Assembly shall begin on the first day of January and shall end on the 31st day of December of the same year. 4. ACTIVITIES BUDGET All expenditures shall be budgeted annually (once every year) and shall be approved in advance by the Trustees. A financial report, about spending, shall be presented by the Treasurer to the Trustees on a quarterly basis. ARTICLE XI - OPERATIONS The Assembly shall maintain a permanent office at 112 Graham Road, Ithaca, NY until the establishment of the Masjid. All correspondence to the Assembly should be forwarded to Al-Huda Islamic Center, Inc. This mailing address may be changed as the need arises. 1. WAIVER OF NOTICE ARTICLE XII - MISCELLANEOUS Whenever any notice is required to be given under the provisions of the New York Religious Corporation Law or under the provisions of the certificate of incorporation or the Bylaws of the Corporation, a waiver thereof in writing signed by the person or persons entitled to such notice whether before or after the time stated therein shall be deemed equivalent to the giving of such notice. 2. EXEMPT ACTIVITIES Notwithstanding any other provision of these bylaws, no member, trustee, officer, employee, or representative of the Corporation shall take any action or carry on any activity by or on behalf of the Corporation not permitted to be taken or carried on by an organization exempt under Section Rev

21 501 (c)(3) of the Internal Revenue Code and its Regulations as they now exist or as they may hereafter by amended, or by an organization contributions to which are deductible under Section 17 (c)(2) of such Code and Regulations as they now exist or as they may hereafter be amended. 3. LIMITATIONS No part of the net earnings of the Corporation, if any, shall inure to the benefit of any Director or Officer. No substantial part of the activities of the Corporation shall involve attempts to influence legislation by propaganda or otherwise, and the Corporation shall not participate in any way in political campaigns on behalf of any candidate for public office. ARTICLE XIII - FOUNDING TRUSTEES The present founding Trustees, which agree to the present bylaws, consist of: Written Name Signature Date Rev

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23 1. Principles and Procedures APPENDIX A CONFLICT RESOLUTION It is recognized that conflict among any in our community has the potential to bring harm to the whole community, and that the nature of some issues of disagreement between us may require the knowledge and support of the greater community. To aid in this purpose a Sulh Committee will be formed with the aim of being a resource to turn to for those who are in conflict and in need of support in coming to resolution. If a conflict develops or a situation that appears to require comment or correction, members are encouraged to reflect on the principles and guidelines outlined here that we agree to follow, and to consider the best course of action. Any Assembly member may seeking consultation in such circumstances can bring the issue to the Sulh Committee, which will maintain the confidentiality of all parties involved to the greatest extent possible, and offer assistance in bringing the matter to resolution. The rules defining the establishment and authority of the Sulh Committee are outlined in Article VI of these Bylaws. Assembly members agree to follow a procedure for resolving conflicts or offering correction when it is believed to be necessary according to the following guidelines: 1.1 Make a clear determination that the nature of the issue is something that requires correction. Distinguish if the issue that is believed to warrant correction has a clearly worded basis in the Qur'an and Sunnah which is not subject to more than one interpretation, or if it is a matter which required rulings to have been derived by scholars through ijtihad, and may have a diversity of opinions among the four principle legal schools. Before deciding that correction is warranted can it be determined that there is a clear consensus among the schools on the particular issue? We agree to follow the practice of acknowledging the validity of all the four Sunni madhhabs and consider the matters about which they differ to be within the healthy boundaries of Islamic understanding. We agree not to enter dispute over matters about which they differ. 1.2 Consider carefully the reason it is felt that mention or correction is necessary, recognizing that the impulse to correct another can arise from a wish to demonstrate ourselves as more knowledgeable or to assert authority gratuitously. If we see these or other defects of the heart as influencing our desire to act we will do well to reconsider the necessity of taking action towards another, and examine if our own shortcoming may be the greater of the evils and be more in need of correction. If we find that our emotions may prevent us from acting in the best manner in a situation that requires action, engage the help of the Sulh Committee. 1.3 Consider the manner in which one plans to raise the issue or offer correction, and examine the potential effects and consequences of doing so in this way. Can it be reasonably Rev Appendix A Page i

24 determined that the benefit of bringing mention or offering correction of an error in a particular way will outweigh any potential damage that may occur in doing so? Inquire if there may be another way of approaching the situation and evaluate the possibilities to consider which may bring the greatest benefit and present the least risk of harm. Consultation with the Sulh Committee may be helpful in determining this. 1.4 Recognize that the first priority in offering counsel to each other as Muslims must be to cover the faults of our Brother or Sister. If it is clear that the best course of action is to speak with them about the act, then ask to speak privately. Initiate conversation in a respectful way and with the best manner, remembering that the best way to offer constructive criticism is to carefully guard the dignity and integrity of the person, and recalling that their point of view will usually have some validity that can be acknowledged and built on. 1.5 We acknowledge the different conditions that exist between an incident which arises in a public congregation where people are physically present together, and public interactions which take place through electronic media, and that each presents demands which must be considered when conflicts or incidents requiring correction arise. 1.6 If an issue arises in an electronic public forum that must be spoken to, an assessment of what is the right of the community concerning the issue must be made, as well as the right of the person who has prompted the concern. If information has been shared publicly that is determined to be incorrect and may bring harm to the community, careful consideration is due as to the corrective action required. Seek a way to approach the situation that will safeguard the rights of both the individual in question and the community. We recognize that public criticism in correcting the action of an individual can have a damaging effect upon the community, as well as the person who is the subject of correction and the one administering correction, and this must be carefully considered. Whenever possible the first course of action should be to contact the individual privately and discuss the concern. If an understanding can be reached, it will be more beneficial for the individual who initially presented the information in question to post a clarification or correction themselves. If no agreement about the issue is arrived at, seek the help of the Sulh Committee. If the right of the community is to have the correct religious information about the matter, an effective resolution will provide for the benefit of the collective a clarification of the issue in question from an Islamic perspective and the correct information. 1.7 For issues arising in a congregational setting, consideration must be made about whether an issue requires immediate action that will occur in plain view of the congregation, or if the incident can be settled more effectively by taking the person or persons aside after the gathering. Public intervention should typically be understood as a last resort, or something required only if people are engaged in public argument. Public dispute in a setting of religious congregation is shameful and to be strongly avoided, as the detriments and Rev Appendix A Page ii

25 potential damage to the community are great, and such acts do not represent the character encouraged for us by our Prophet. 1.8 We agree to adhere to the practice of not interrupting the khatib during the Jumah khutba, nor interrupting the prayer except to offer correction of the text being recited in a respectful manner. We also agree that the khutba is not to be understood and used as a platform for criticizing individuals. 1.9 If a situation arises in which a member finds him or herself in disagreement with the Majlis Shura and the General Assembly on a point of religious understanding, bring the issue to the Imam, or to a recognized scholar from another community for formal clarification. If there exists a clear consensus of the Shura and Assembly on the issue in question, and the majority position is firmly grounded on established Islamic precedent, it is encouraged to assent to the majority position for the sake of the community, or if this is not possible then withdraw from activities relating to the point of disagreement If a situation arises in which a member finds him or herself in disagreement with the Majlis Shura and the General Assembly on procedural grounds or concerning a matter in which injustice is perceived, bring the issue in question to the Sulh Committee with a request for assistance in resolution. If a suitable resolution to the matter is not able to be arrived at and it is not felt possible to assent to the majority position, the dissenting party is encouraged to withdraw their membership by sending a written notice to the Majlis Shura If a situation arises in which a member finds wrongdoing and miscarriage of responsibility within the organization in a way that compromises the integrity of the community, first consult with the Sulh Committee to determine the most appropriate course of action. If it is determined that a procedure needs to be initiated for action against a member or members on grounds defined in these Bylaws, it is encouraged to approach the Majlis Shura with the Sulh Committee to recommend that the appropriate action be carried out through the appropriate procedures as outlined in Article IV, Sections 4 and 5, and Article V, Section The Sulh Committee 2.1 RESPONSIBILITIES Individual Sulh Committee members are to be available to the community as neutral parties to hear concerns of Assembly members. Those approaching the Sulh Committee or its members can be assured of confidentiality if they wish for this, unless exceptional circumstances require otherwise for the safety and security of the community. Rev Appendix A Page iii

26 2.1.2 A Sulh Committee member has the responsibility to convene a meeting of the entire Sulh Committee to discuss an issue brought to her or him in confidence if the issue is of sufficient importance to impact the community, or if the collective guidance of the Committee is sought. The confidentiality of the individual who brought the issue should be maintained unless as noted above The Sulh Committee and its members shall provide assistance in helping Assembly members frame the issues they raise in terms of the guidelines outlined in Article IV, Section 8, and to help in the evaluation of options for best addressing the issues The Sulh Committee and its members shall provide guidance in referring Assembly members to appropriate resources for the resolution of their issues, and in cases where an Assembly member is unable or unwilling to surface a concern directly, the Sulh Committee can assist by giving voice to a concern or bringing it to the attention of the Officers The Sulh Committee and its members can help to resolve issues between Assembly members through informal mediation if appropriate and in keeping with Islamic principles The Sulh Committee may identify new issues and opportunities for systemic change that would be beneficial to the community and bring these to the Officers with a recommendation for consideration and implementation If reliable information comes to the attention of the Sulh Committee about miscarriages of duty by an officer, the matter shall be discussed by the Sulh Committee. If a consensus is reached that action is warranted, the Sulh Committee shall bring the matter to the attention of the Officers, with a recommendation for action as described in Article V, Section If the matter is of sufficient importance and is found in the consensus of the Sulh Committee to not be addressed effectively by the Officers, the Sulh Committee shall inform the Assembly and call for a meeting to initiate a vote for removal of the Officer as provided for in Article IV, Section 5: AUTHORITY The Sulh Committee shall act primarily in an advisory capacity for any Assembly members seeking assistance in resolving conflict or in raising a grievance. Recommendations made by the Sulh Committee are to be strongly considered by any parties involved in the particular issue. In situations where the Committee recommendations are ignored and the individuals involved choose to act outside of the guidelines set out in Article IV, Section 8, the Sulh Rev Appendix A Page iv

27 Committee has authority to issue a recommendation to the Officers for action to be taken against the individual(s) as outlined in Article IV, Section 7. The Officers are to consider a recommendation coming from the Sulh Committee as having the weight of more than one witness in a situation in which censure is to be considered. 2.3 COMPOSITION OF THE SULH COMMITTEE The members of the Sulh Committee shall be elected from the membership of the Assembly. Members elected to the Sulh Committee must be members in good standing and may not serve as an Officer at the same time. The composition of the Sulh Committee shall include members of both genders at any time, and there should be at least three members serving on this committee. 2.4 CONFLICTS OF INTEREST If an Assembly member brings an issue before a Sulh Committee member and feels clearly that their confidentiality would be compromised if the particular issue were to be known to another Sulh Committee member, the latter mentioned member can be asked by another Sulh Committee member to not participate in meetings of the Committee related to that matter If a situation of dispute arises in which one of the currently serving members of the Sulh Committee is involved, the Committee member in question must recuse his or herself from the Committee for participation in matters related to that situation. 2.5 TERMS OF SERVICE Members elected to the Sulh Committee shall serve for two year terms. If a circumstance arises in which a Committee member is not able to fulfill their entire term, a member from the Assembly may be appointed temporarily by the Officers to serve the remainder of the term, and nominations for the Sulh Committee elections shall happen concurrently with the nomination process for the governing bodies. 2.6 REMOVAL FROM SULH COMMITTEE A member of the Sulh Committee found to be acting unethically in the course of undertaking their responsibilities, or misusing the privilege of confidentiality assumed by a member bringing an issue to the Committee can be removed from the Sulh Committee if the majority of the Committee members are in agreement that such action may be warranted. The Sulh Committee majority would in such case request a meeting with the Officers, and if the Officers agree in majority with the recommendation of the Sulh Committee, the Committee member would be dismissed from serving on the community. The Officers would then make a temporary appointment to fill the position for the remainder of the term until the next Rev Appendix A Page v

28 election cycle. A Sulh Committee member may resign at any time by giving written notice to the Officers. Rev Appendix A Page vi