Masjidul Ghurabaa, Inc.
Constitution and Bylaws
Adopted March 18, 2007
Section 1. Identification of Organization. The name of the organization shall be Masjidul Ghurabaa Incorporated, hereafter referred to as MGI.
Section 2. Purpose of Formation of Organization. Masjidul Ghurabaa Inc.was formed to promote, propagate and assist in the development and establishment of Islamic institutions and communities in accordance with the Qur’an and authentic Sunnah of Prophet Muhammad (peace and blessings be upon him) based upon the understanding of the companions of the prophet. As well as:
¨ Unite the community upon the Book of Allah and the Sunnah of the Prophet Muhammad (peace and blessings be upon him), upon the understanding of our righteous predecessors.
¨ Increase the community’s awareness of Allah through the distribution of Islamic CD’s, tapes and other materials in pursuant of the purpose and objectives of MGI.
¨ To support the community upon righteousness and refraining it from evil, through education and instruction in the mandates of Islam.
This organization, Masjidul Ghurabaa, Inc., is located in Laurel, Maryland, and is founded upon the Sharia (Islamic Jurisprudence), as found in the Qur’an and the authentic Sunnah of his messenger Muhammad (peace and blessings be upon him).
Section 1. Shura. Shura (mutual consultation), as defined by Al-Qur’an (The holy book of Al Islam) and As-Sunnah (the practices and teachings of Prophet Muhammad, peace and blessings be upon him), shall constitute the governing principles.
Section 2. Religious Sources. The religious sources (in descending order of authority):
¨ The Qur’an
¨ The Sunnah
¨ The Ijmaa’ (Total consensus of the Sahaba)
Section 3. Limitations on Activities. Activities that violate the injunctions of Al-Qur’an and the authentic Sunnah, based upon the understanding of the companions of Prophet Muhammad (peace and blessings be upon him), shall not be permitted by the general body, the Executive Board (Shura Council), or any member of MGI.
Section 1. Membership – Rights and Limitations. Membership is open to all Muslims who adhere to the Aqeedah derived from the Qur’an and Authentic Sunnah of the Prophet Muhammad (sall Allahu alaihi was sallam), and who follow the methodology of our righteous predecessors and are of sound character.
Membership – Membership may be extended to all Muslims who:
Observes the obligatory commands of the Islamic Law and abstains from major vices, and or organizational misconduct.
- PARTICIPATES_AND_SUPPORT_ALL MGI activities.
- Shall not intentionally have any means of earning a livelihood which may be described as immoral, i.e. passively or actively engaged in the following: sale or manufacture of intoxicants, promotion of fornication, trafficking of drugs, bribery, embezzlement, stealing or gambling, etc.
- Does not belong to any group or institution whose principles are opposed to the objectives and working style of MGI.
Membership will commence immediately, if all the requirements have been met.
Section 2. Termination/Cancellation of Membership. In accordance with the Islamic law and evidence, the Executive Board may revoke a person’s membership in MGI if that individual commits any of the following:
Violation of membership requirements as set forth by these bylaws.
- Cursing Allah his Messenger or any of the wives or companions of the Prophet Muhammad (sall Allahu alaihi was sallam).
- Accepting any book other than the Qur’an as the authentic word of Allah.
- Seeking aid, assistance, or guidance from a deceased person at his gravesite or otherwise.
- Participation in, or promoting rituals that are contrary to the teachings of Islam as set forth in these bylaws.
Section 1. Educational Meetings. Educational meetings shall be organized and conducted by the members of MGI or any person approved of by the Executive Board of MGI. Educational meetings will be but not limited to Dawah (inviting non-muslims to Islam) training, community building, instructional management or general Islamic instructions.
Section 2. General Membership Meeting. General membership meetings will be established on a quarterly basis to address all business relating to MGI. Attendance is not limited to Full and Associate members. The meeting dates shall be announced at least thirty days in advance. The following topics shall be addressed in these meetings:
¨ Minutes of the last general membership meeting.
¨ Quarterly report prepared by the General Secretary.
¨ Quarterly report of established committees (education, public relations, etc.) whenever applicable.
¨ Quarterly financial report prepared by the Finance Secretary.
¨ Any other pertinent business, with the permission of the Board.
Section 3. Special General Membership Meetings. Special general membership meetings may be convened for any of the following reasons:
¨ When a request is made by the Executive Board.
¨ Upon written request, signed by at least 20% of the full members.
¨ In response to such a request, the Executive Board shall call for a general body meeting within 14 days. The schedule and agenda of such meetings shall be announced or distributed to members at least 5 days in advance.
Section 4. Quorum Required for Meetings. A quorum is necessary for the transaction of any business. The quorum is reached with the presence of 2/3 majority of the full members in the first call. If a quorum is not achieved in the initial call, the attendance of at least 1/3 majority of full members shall constitute a quorum in subsequent calls. The majority of the Executive Board members must also be present.
Government and Organization
Section 1. The Executive Board. The Executive Board consists of five elected members and the Imam in an advisory capacity.
¨ General Secretary
¨ Financial Secretary
- Public Relations Secretary
¨ Imam (Advisor)
Additional members may be added at the discretion of the Executive Board. No elected Executive Board member shall be compensated for their services.
Section 2. Terms of Governing. The terms of Executive Board members are governed by the following rules:
¨ Can not hold any executive position in any other Islamic or non-Islamic organizations that could constitute a conflict of interest with MGI affairs.
¨ Three years constitutes the full term of each Executive Board member.
¨ At the end of the term, an Executive Board member is eligible for nomination to fulfill another term.
¨ Vacant positions shall be filled by temporary appointees of the Executive Board until the next nomination.
¨ If the Chairman’s seat should become vacant the Executive Board members shall select a new Chairman from amongst themselves at the first full Executive Board meeting that convenes thereafter.
¨ Any elected Executive Board member who has served on the current Executive Board for at least one full year is qualified to fill the Chairman’s position.
¨ If the Executive Board fails to select a Chairman, a special general body meeting must be called by the Executive Board to enable the members of MGI to select a qualified member they deem most suitable to fill the position of Chairman.
Section 3. Duties and Functions of the Executive Board. The duties and functions of the Executive Board shall include:
¨ Implementing and protecting MGI’s constitution.
¨ Planning of activities to accomplish the objectives stated in the articles of incorporation and any subsequent amendments. The Executive Board must initially approve any amendments of the Bylaws, and then it must be approved by at least 2/3 of the full members in a general body meeting that reaches a quorum.
¨ Enforcing the policies and carrying out the decisions of the general body.
¨ Acting on behalf of MGI for the purposes of purchasing, acquiring and maintaining any property rights, privileges and securities that are Islamically permitted.
¨ Managing the financial affairs of MGI in a responsible manner. Assessing the necessity and appropriateness of borrowing without interest upon the credit or assets of MGI. Should such actions be deemed necessary, the Executive Board is responsible for acquiring the loan and making provisions for its timely repayment.
¨ Managing and supervising all transactions involving financial institutions and the MGI checking account. The financial secretary and two other Executive Board members are authorized as signatories of the MGI checking account. The signatures of the financial secretary and one of the other two authorized Executive Board members are necessary to validate any check or document issued by MGI.
¨ Board members cannot personally have any financial, investment, ownership or business interest with any organization with which MGI is transacting. Such interest should be disclosed and evaluated by the board for adequate actions.
The board should obtain enough information or appoint a disinterested person to investigate the conflict of interest. Should such conflict be proven, the board reserves the rights to take corrective actions as judge necessary.
The actions may include but are not limited to suspension of voting rights, and prohibition to access sensitive information. Each board member must read, understand the recorded witness testimonies, and be given a full copy of the conflict report.
The board will designate experts to conduct annual reviews to ensure the safeguard of MGI’s interest.
Section 4. Executive Board Meetings. There are two types of meeting, Regular meetings and Special Meetings.
Regular Meetings: The Executive Board shall hold meetings on a monthly basis or as frequently as they consider necessary.
Special Meetings: Any Executive Board member can call for a special meeting.
The presence of a majority of the Executive Board members shall constitute a quorum.
Executive Board members present at the special meetings shall be required to take a majority vote for a decision to be ratified.
Section 5. Specific Duties and Responsibilities of Executive Board Members. The following is a list of responsibilities and duties of the Executive Board:
¨ Implement and uphold the MGI constitution.
¨ Call and preside over the Executive Board meetings and the general membership meetings.
¨ Direct and coordinate the day-to-day affairs and activities.
¨ Act as spokesperson, representative, and coordinator of MGI in internal and external activities.
¨ Prepares and maintains the minutes of the Executive Board meetings and the general membership meetings.
¨ Prepares and publicize the agenda of meetings.
¨ Maintain membership records.
¨ Check and direct all regular correspondence via mail and email, and respond appropriately and in a timely fashion to website inquires and voicemail.
¨ Collect and deposit all funds received on behalf of MGI in MGI’s bank accounts.
¨ Maintain impeccable records of all financial transactions.
¨ Co-sign withdrawal checks with another authorized Executive Board member.
¨ Prepare and present comprehensive financial reports to the general body.
¨ Organize the fundraising activities.
¨ Prepare and submit all necessary returns to government agencies.
PUBLIC RELATIONS SECRETARY:
¨ Brief the Executive Board on current community events and broader Muslim affairs.
¨ Maintain the MGI website and media center, prepared publications, announcements, press releases and other forms of communication through various media outlets.
¨ Collect and document written suggestions and comments from the community.
¨ Review and determine the suitability of all announcements, handouts or fliers that have been submitted by the members of the general public, prior to their distribution or exhibition at MGI facilities or activities.
¨ The Imam is the religious leader of the MGI community. His primary role as it relates to the Executive Board is to guide them according to the laws of the Qur’an and Sunnah.
The Executive Board will determine the date of general nomination within the 1st Quarter of the Hijrah calendar. The general body will be notified at least four weeks in advance.
Section 1. Eligibility for Nomination to the Executive Board. The following conditions make one eligible for nomination to positions on the Executive Board:
¨ Full member (as set forth in Article III) for at least one hijrah calendar year in good standings.
Section 2. Nomination Procedures.
¨ MGI full members will have 14 days to submit the completed nomination forms to the Executive Board.
¨ Nomination by at least two full members is required for a candidate’s nomination to be considered.
¨ All considered nominees will be posted for general body review 7 days prior to the Board’s appointment process.
Section 3. Appointment Procedure.
¨ All considered nominees will have their qualifications reviewed by the Executive Board for selection to the Board.
¨ All selected nominees require a majority vote from the Executive Board before appointment.
Termination & Succession of Executive Board Members
Any Executive Board member who has committed any of the following acts shall be asked to resign by the Executive Board.
¨ Charged with and proven to be in direct violation of the MGI constitution.
¨ Misused or misappropriated MGI funds.
¨ Missed three consecutive or five separate Executive Board meetings without a reasonable and acceptable excuse.
¨ Failed to maintain the qualifications set forth in Article VI.
Outgoing Executive Board members shall immediately surrender all MGI equipment, property, access keys, paper and electronic documents to the Executive Board.
Vacant positions shall be filled by temporary appointees of the Executive Board until the next nomination.
Dispute brought by any member of MGI must adhere to the resolution guidelines in the following order:
¨ All disputes shall be referred to the Imam for resolution.
¨ Disputes that cannot be resolved by the Imam shall be forwarded to the advisory council.
¨ The Executive Board will select an advisory council consisting of Imams and Scholars who adhere to the Qur’an and the authentic Sunnah, based upon the understanding of the companions of the prophet. The list of advisory council members will be updated every year.
¨ The advisory council will have the final decision in all disputes presented before it.
¨ The Imam will coordinate all communication between the disputing parties and the advisory council.
¨ Disputes among the members of the Executive Board follow the same guidelines set forth in Article VIII.
Appointment and Duties of the Imam
The Imam is the religious leader of the MGI community. His duties include:
¨ Effectively communicating the mission of MGI, and its values.
¨ Leading daily congregational prayers, Jumuah (Friday) prayers, Eid (ceremony) prayers, etc.
¨ Conducting marriages as well as providing counseling for individuals and groups.
¨ Establishing Dawah programs, halaqat (study circles) for men, women and the youth.
¨ Overseeing educational programs and activities such as the weekend school, summer camps, etc.
¨ To attend Executive Board and general membership meetings in an advisory capacity.
¨ And other duties assigned by the Executive Board.
Section 1. Qualifications. The Imam must:
¨ Be a male believer in Islam.
¨ Have thorough knowledge of the Qur’an and Authentic Sunnah.
¨ Strive to maintain the highest standards of manners and Islamic conduct.
¨ Have excellent communicational skills in both the Arabic and English languages.
¨ Exercise sound judgement.
Section 2. Selection Process. If the position of the Imam becomes vacant, an Imam will be selected by the Executive Board. The appointment of the Imam will be confirmed after a 60-day probation period.
Section 3. Contract. The Imam’s contract shall be negotiated by the members of the Executive Board and shall include the following items at the very minimum:
¨ Duties and responsibilities
¨ Term length
¨ Salary and benefits
Contract negotiations will commence six months prior to the termination date. If not, contract shall be renewed automatically at the end of the negotiated term.
Section 4. Contract Termination. The Executive Board based on findings consistent with Islamic law and evidence may terminate the Imam’s contract. However, the Imam’s termination can only occur with the sanction of 2/3 of the full members in a general body meeting that reaches a quorum.
Amendment to the Constitution and Bylaws
Section 1. Amendment Procedure. This Constitution and Bylaws may be amended at any meeting of the Executive Board by a two-thirds vote after the following takes place:
¨ All proposed amendments shall be submitted in writing to the Executive Board.
¨ The Executive Board has no more than thirty days to act upon proposed amendments.
¨ A general membership meeting will be scheduled upon the Executive Board’s approval.
¨ The membership will be notified at least 14 days prior to the scheduled general membership meeting.
¨ Full members must ratify the Constitution and Bylaws Amendment by a two-thirds vote of those present at the general membership meeting.
¨ Denied proposed amendments will be returned to the general members with full explanation.
Section 2. A Proviso (Conditional Clause). No amendment will be approved, and adopted, that abrogates, circumvents, or alters, in any way, shape, or form, “Article I and Article II”, whether collectively or separately, of this “Constitution and Bylaws”.
Such abrogation, circumvention, or alteration will automatically move “MGI” into a dissolution process.
MGI will automatically dissolve – “without” – the Executive Board’s, or General Body’s approval, when, or if, “Article I and Article II”, whether collectively or separately, are abrogated, circumvented, or altered, in any way, shape, or form.
MGI will not, and cannot exist under any one of these conditions or circumstances, therefore, approval for dissolution, is not mandated under this Proviso, and is not applicable or needed for MGI to be dissolved.
Section 3. Addendum. It is, herein, understood and emphatically stressed, that this “Proviso” and “Addendum”, cannot, and will not, be changed, altered, amended, or abrogated in any way, shape or form.
Dissolution of the Organization
Section 1. Dissolution Procedure. In the event of dissolution of MGI:
¨ The Executive Board shall make a recommendation concerning distribution of all assets.
¨ The Executive Board shall direct the Financial Secretary to conduct a written ballot of the full membership to approve or reject it.
¨ An affirmative vote by two thirds (66.6%) of those returning ballots within thirty (30) days after their initial distribution shall be required to approve the Board’s recommendation.
¨ The assets of MGI shall be given to an Islamic charitable organization with the approval of eighty percent (80%) of its full members. The receiving charitable organization shall at the time qualify as an exempt organization under section 501 (c) 3 of the Internal Revenue Code of 1954 as the Board shall determine. Any such assets non-disposed of shall be disposed of by the Circuit Court of the county in which the corporation is located.
¨ All outstanding debts acquired by MGI shall be paid in full before the dissolution of the organization.