THE BYLAWS OF THE ISLAMIC CENTER OF DAVIS (DAVIS MASJID)
Transcript of THE BYLAWS OF THE ISLAMIC CENTER OF DAVIS (DAVIS MASJID)
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IN THE NAME OF ALLAH, THE MOST GRACIOUS, THE MOST MERCIFUL
THE
BYLAWS
OF
THE ISLAMIC CENTER OF DAVIS
(DAVIS MASJID)
[As amended on Wednesday, November 21, 2012]
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CONTENTS
ARTICLE I: IDEOLOGICAL FOUNDATION OF THE MASJID 3
ARTICLE II: AIMS AND PURPOSES 4
ARTICLE III: AFFILIATION 4
ARTICLE IV: MEMBERSHIP 5
ARTICLE V: EXECUTIVE COMMITTEE (MAJLES AS-SHURA) 7
ARTICLE VI: ANNOUNCEMENT RULES 12
ARTICLE VII: COMMITTEES APPOINTED BY THE EXECUTIVE COMMITEE 13
ARTICLE VIII: FINANCE 14
ARTICLE IX: BOARD OF TRUSTEES (AHLUL-HALLI-WAL AQD) 16
ARTICLE X: MEETINGS 19
ARTICLE XI: JUDICIARY PROCEDURES 21
ARTICLE XII: ELECTIONS 22
ARTICLE XIII: FIRST ELECTION DETAILS 25
ARTICLE XIV: AMENDMENTS 28
ARTICLE XV: BYLAWS ADOPTATION AND ENFORCEMENT 29
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ARTICLE I
IDEOLOGICAL FOUNDATION OF THE MASJID
“And hold fast, all of you together, to the rope of Allah (i.e., the Quran)
and be not divided among yourselves….” (3:103)
Section 1.
As Muslims we believe that there is no God but Almighty Allah and further that Prophet Muhammad (may
the peace and blessings of Allah be upon him) is the last Messenger of Allah who brought the final message,
the Quran, for the benefit of all mankind.
Section 2.
The Muslims of Davis have agreed to and have accepted the present Bylaws based on the Quran and the
Sunnah, according to the belief and understanding of the Ahl-as-Sunnah wa al-Jamaah.
Section 3.
The Muslims of Davis do hereby establish an organization to be known as “The Islamic Center of Davis/
Davis Masjid”, hereinafter referred to as the “Masjid”.
The purposes for which this Masjid is organized are exclusively religious, charitable, and educational
within the meaning of section 501(C)(3) of the Internal Revenue Code of 1986 or the corresponding provision
of any future United States Internal Revenue law.
Notwithstanding any other provisions of these articles, this organization shall not carry on any activities not
permitted to be carried on by an organization exempt from Federal income tax under section 501(C)(3) of the
Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue
law.
Section 4.
The terms of this Ideological Foundation may NOT in any way nor under any circumstances be changed,
modified or twisted.
Section 5.
Terminology used in this document:
- President = Ameer
- Vice President = Naib-Ameer
- Executive Committee = Majlis as-Shura
- Board of Trustees = Ahlul-Halli-Wal Aqd
- Community Member(s)/ = those Muslim individuals and families who reside in Davis
General Body or the surrounding area who regularly attend Davis Masjid
- Masjid Membership/ = any Community Member(s) who has/have fulfilled all of
Masjid Member(s) the requirements stated in Article IV
Ahl-as-Sunnah wa al-Jamaah = Sunni Schools of thought
- Simple Majority = means a majority fifty percent plus one (50% +1) vote by all
attending Masjid Members or the specified body
- Majority = means a majority fifty percent plus one (50% + 1) vote of the
total Masjid Membership or the specified body
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ARTICLE II
AIMS AND PURPOSES
Section 1.
This Masjid will follow the Islamic teachings of the Ahl-as-Sunnah wa al-Jamaah.
The aim and purpose of the Masjid is to serve the best interests of Islam and Muslims of Davis, in
particular. Toward this end, the Masjid shall:
1. Help Muslims of Davis and other areas learn and practice the religion of Islam, its values and
standards;
2. Conduct religious, social, cultural, and other activities in accordance with the traditions of Islam;
3. Arrange and hold regular congregational prayers and Islamic religious festivals at appropriate times;
4. Present to interested non-Muslims the religion of Islam, pure and free from distortion, and cherish the
understanding between Muslims and non-Muslims in accordance with Islam;
5. Cooperate with and support Islamic movements and organizations throughout the world that promote
the practice and establishment of Islam, and unity of Muslims.
Section 2.
The Masjid shall maintain an office at the premises of the Masjid/Islamic Center, located at 539 Russell
Blvd., Davis, CA 95616.
Section 3.
The Masjid shall be a non-profit organization, and the fundamental purpose of the Masjid shall be to
encourage and enable Muslims with the basic knowledge and competence in Islam, to contribute individually
and collectively toward meeting human needs in conformity with Islamic doctrines and belief. It shall also be
the purpose of the Masjid to strengthen the ties of brotherhood, avoid any un-Islamic practices, and enjoin
good and forbid evil in the Muslim community.
ARTICLE III
AFFILIATION
Section 1.
Real estate purchased, or donated to the Masjid shall be entrusted with the North American Islamic Trust
(NAIT).
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ARTICLE IV
MEMBERSHIP
Section 1.
A Masjid member shall be any Muslim, who agrees to obey the generally accepted practices of the Masjid
that are compatible with the Quran and Sunnah, and to abide by the Bylaws of the Masjid. A Masjid member
must be a resident of Davis or Yolo County. However, non-residents of Davis or Yolo County, who are active
and known to the Davis community, could be considered Masjid Members.
Section 2.
An applicant or renewing Masjid Member shall believe in the basic beliefs of the Islamic faith, specifically:
1. Belief in Allah (SWT)
2. Belief in the Angels
3. Belief in all of the Prophets (PBUT) and Muhammad (PBUH) as the last of the prophets
4. Belief in the Books of Allah (SWT)
5. Belief in the Day of Judgment
6. Belief in al-Qadaa and al-Qadr
Section 3.
The masjid is open for everyone who follows these Bylaws. However, a Masjid Member must belong to the
Ahl-as-Sunnah wa al-Jamaah.
Section 4.
A member must be at least 18 years old.
Section 5.
A new applicant or a renewing member must pay the membership dues set by the Executive Committee and
Board of Trustees to become or to continue as a Masjid Member. For those in financial difficulty a payment
plan shall be arranged between the individual and the Executive Committee with the entire payment paid
within 12 months.
Section 6.
The Executive Committee reserves the right to revoke the membership of any person with an explanation
given to the Board of Trustees. A Masjid Member whose membership has been revoked has the right to appeal
to the Board of Trustees within 30 days of his/or her Masjid Membership being revoked. The Board of
Trustees shall respond to each case within 30 days of the appeal.
Section 7.
The Executive Committee will review and process all new membership applications. The Executive
Committee reserves the right to deny Masjid Membership to any applicant. The denied applicant has the right
to appeal to the Board of Trustees within 30 days of rejection. The Board of Trustees shall respond to each case
within 30 days of the appeal
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Section 8.
The term of Masjid Membership shall be one year. Masjid Membership is renewable within 30 days of the
expiration date.
Section 9.
Withdrawal from Masjid Membership may be voluntary or may be decreed by a majority vote of the
Executive Committee for the following reasons:
a. Failure to continue to meet the qualifications mentioned in the previous sections.
b. Failure to pay membership dues.
c. Violations of the Masjid Bylaws, Masjid Rules and Guidelines, inside and/or on the Masjid premises
including but not limited to:
I. Excessive use of foul language.
II. Possession and /or use of firearms on the Masjid premises.
III. Intimidation of other Community and Masjid members.
IV. Repeated disruptions of Halaqas, prayers, official announcements, Executive Committee meetings,
general body meetings, or any of the Masjid sponsored activity.
V. Intoxication or possession of illicit drugs more than once.
VI. Performance of lewd acts.
Section 10.
A person who’s Masjid Membership has been revoked for failure to meet the qualifications stated in Article IV
Section 2 and 3 can only be reinstated by testifying to his/her beliefs in front of the Executive
Committee and the Board of Trustees. A person who’s Masjid Membership has been terminated for failure to
meet the qualifications stated in Article IV Section 9b can be reinstated by applying for Masjid Membership
and paying the required dues.
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ARTICLE V
THE EXECUTIVE COMMITTEE
(MAJLIS AS-SHURA)
Section 1.
The office bearers shall be:
President (Ameer)
Vice President (Naib-Ameer)
General Secretary
Treasurer (Financial Secretary)
Social Activities Secretary
These office bearers will form the Executive Committee. The office bearers must be practicing Muslims,
Masjid Members, adult, male, regularly attending the Masjid, of good conduct, known to the Masjid
Membership, actively participating by devoting time to the duties of their respective positions. All positions are
open for all Masjid Members except the President and Treasurer who must also be a permanent resident of
Davis or the surrounding area.
In addition the General Secretary must be a student of the University of California, Davis. If no qualified
student is nominated for the position of General Secretary, a nominee can come from the rest of the Masjid
Membership. The remaining two positions (Vice President and Social Activities Secretary) can be from the
entire Masjid Membership.
A Sisters Committee shall be established according to Sections 10 through 17 of this Article.
Section 2.
The term of the Executive Committee shall be one year, starting on the first day of January. The Executive
Committee may serve for one extra term if a majority of the Masjid Membership and the Board of Trustees
approves it at a General Body meeting. (See Article XII, Sections 7 and 8 for details on Term Limits).
Section 3.
The President shall be responsible for:
a. The general management of all the activities of the Masjid.
b. Directing and coordinating all the activities of the Masjid.
c. Presiding over meetings of the Executive Committee and the General Body.
d. Forming various Ad-Hoc Committees with the approval of the Executive Committee.
e. Controlling funds and expenses of the Masjid and countersigning checks with the Finance Secretary.
f. Presenting reports on the state of the Masjid to the General body at a bi-annual meeting and in its
Newsletter (email).
g. Being the spokesperson, representative, and correspondent of the Masjid in external activities.
h. Being in contact with the Board of Trustees and provide updates as needed (according to article VIII).
i. Maintaining and safekeeping all the records, documents, seals, correspondence of the Masjid and
must sign all correspondence issued by the Masjid.
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j. Keeping the Masjid registered as a Non-Profit Religious Organization in the State of California with
all necessary paperwork to keep registration valid.
k. Reporting the important events and activities of the Masjid to the General Body regularly.
Section 4.
The Vice President shall be responsible for:
a. Carrying on the management of the activities of the Masjid in the absence of the President.
b. Assisting the President in accomplishing the purpose and goals of the Masjid.
c. Directing, supervising, and keeping track of the activities of various committees (Except in cases
where the head of the Ad-Hoc Committee is an Executive Committee member).
d. Temporarily assuming the functions of the President when requested as such by the President, or if the
President is incapacitated. In the latter case, the Vice President shall assume presidency for the
remainder of the term of the Executive Committee. If the President resigns see Section 9.
e. Organizing and supervising of facility maintenance.
Section 5.
The General Secretary shall be responsible for:
a. Preparing, circulating within thirty days, and maintaining the minutes of all the Executive Committee
and General Body meetings.
b. Preparing the agenda for and calling the Executive Committee meetings in consultation with the
President, and giving notice of the meetings to all members of the Executive Committee.
c. Preparing the agenda for and calling the General Body meetings in consultation with the President,
and giving notice of the meetings to all members of the General Body.
d. Maintaining the list of members and volunteers for various functions of the Masjid.
e. Presiding over the Executive Committee meetings when both the President and Vice President are
absent.
f. Presenting at the beginning of every Executive Committee and General Body meeting the minutes of
the previous meeting for approval by the Executive Committee and the General Body, respectively.
g. Making Friday and all other necessary announcements in consultation with the President.
Section 6.
The Treasurer (Financial Secretary) shall be responsible for:
a. Maintaining the record of all financial transactions of the Masjid in collaboration with the Amir (one
copy with the President, one copy with the Treasurer). He shall be responsible for systematic upkeep
of books and writing of disbursements, receipts, banking reconciliations, and presenting financial
statements at the Executive Committee and General Body meetings, as well as to any auditing
authorities.
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b. Collecting and depositing all funds received on behalf of the Masjid.
c. Countersigning all withdrawal checks with the President, on behalf of the Masjid.
d. Preparing an annual budget of the Masjid for the next fiscal year in consultation with the newly
installed Executive Committee and presenting the same before the General Body meeting.
e. Presenting before the Executive Committee a quarterly report on the status of the Masjid’s financial
affairs, including in it all donations received by the Masjid.
f. Reviewing and paying all the Masjid’s bills on a timely basis.
g. Keeping an inventory of all the Masjid’s belongings (movable and immovable assets) in collaboration
with the vice President.
h. Responsible to publicly post the monthly financial statement of Masjid.
Section 7.
The Social Activities Secretary shall be responsible for:
a. Directing and coordinating all arrangements for celebration of religious festivals and social programs
such as picnics, potluck and other dinners, lectures of importance to the membership, Halaqas and the
like.
b. Informing the Executive Committee members about the time, place, and other details of the festivals
and social events.
c. Forming and heading a “Library Committee” which will manage the library of the Masjid as well as
oversee literature being made available at the Masjid. (The Library Committee will establish separate
guidelines under which it will operate.)
d. Make arrangement for Khateebs for Jummah and Eid prayers as well speakers for daily halaqas with
consulting with President. In case of disagreement refer to the Executive committee for final decision.
Section 8.
The decision on each and every matter in the Executive Committee meeting(s) shall be guided by
established Islamic principles. Matters will be decided by a majority of the Executive Committee members
consenting. The President may exercise veto power against a simple majority decision provided his veto does
not violate any established Islamic principles and is in the interest of the Masjid. A unanimous decision by all
remaining Executive Committee members can override any Presidential veto. There will be no “proxy”
opinions in the decision-making process of the Executive Committee.
Section 9.
If a member of the Executive Committee resigns or moves away from the area or is dismissed, the
Executive Committee and Board of Trustees shall select a member to fill the vacated office, with a simple
majority approval of the Masjid Membership at a General Body meeting.
Any resignation by an Executive Committee member must be submitted to the Executive Committee and
Board of Trustees two weeks prior to vacating the position.
If the Treasurer resigns within the last six months of his term, the Chairman of the Board of Trustees or his
designee chosen from the Board of Trustees will take over the duty of the Treasurer until the next election is
held.
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If the President resigns within the last six months of his term, the Vice President will take over the duty of
the President until the next election is held.
Section 10.
In consultation with the sisters of the Masjid, the Executive Committee shall organize an election for the
Sisters Committee.
The sister’s membership will elect a Coordinator for each of the following positions:
a. Director of Sisters Committee
b. Sisters Secretary
c. Sisters Social Activities Coordinator
d. Da’wa and Outreach Coordinator
These positions will form the Sisters Committee. The members of the Sisters Committee must be
practicing Muslims, Masjid Members, adult, female, regularly attending the Masjid, of good conduct, known to
the Masjid Membership, actively participating by devoting time to the duties of their respective positions.
1. Each Coordinator shall report to the Director of Sisters Committee.
2. Each Coordinator shall ensure the formation of a committee to accomplish the tasks of her functions.
3. The Sisters Committee shall coordinate with the Executive Committee.
4. The Director of the Sisters Committee shall report to the President of the Executive Committee.
5. Any dispute will go to the Board of Trustees for a final decision.
Section 11.
Director of Sisters Committee shall be responsible for:
a. Acting as liaison between the Executive Committee and the Sisters Committee, and presenting the
needs, opinions, and concerns of the Sisters of the Masjid to the Executive Committee and if
necessary the Board of Trustees.
b. Calling for a general body (sisters) meeting at least once a year.
c. Calling for the sisters’ committee meetings as needed.
d. Performing any other activity delegated by the President.
Section 12.
Sisters Secretary shall be responsible for:
a. Sending meeting invite, agenda, taking meeting minutes of the Sisters Committee meetings
b. Assist other Sisters Committee members as needed
c. Performing any other activities delegated by the Director of sisters’ subcommittee
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Section 13.
Sisters Social Activities Coordinator shall be responsible for:
a. Help in planning, organizing events and activities directed by Social Activity Secretary
b. Organize youth halaqas for ages 10 and up, sisters (adult) halaqas, sisters (adult) Quran classes
c. Performing any other activities delegated by the Director of sisters’ subcommittee
Section 14.
Da’wa and Outreach Coordinator shall be responsible for:
a. Da’wa, new convert and welcome packages
b. Performing any other activities delegated by the Director of sisters subcommittee
Section 15.
With each new Executive Committee a new Sisters Committee shall be established with the Executive
Committee executing Sections 16 and 10 of this Article no more than one month after assuming responsibility.
Section 16.
The Executive Committee shall take nominations from the sisters of the Masjid membership for the election
of the four positions of the sisters committee.
a) The nominees for each position must be a Masjid Member.
b) Any sister(s) serving on past Sisters Committees may be nominated again.
c) The nominees should provide a brief summary of experience, training and qualifications for the
specific position they are nominated for and how they can benefit the Masjid.
d) Whereas all the nominations should be actively encouraged, names considered unqualified for the
position(s) should be taken out. This last action must be a unanimous opinion by the Executive
Committee. The remaining names will be presented to the sisters as being the tentative nominations
for the four positions.
e) If there are any objections to the list of nominees, the objectors should contact the President of the
Executive Committee, any member of the Executive Committee, or the Board of Trustees.
f) Any objections should be seriously considered by the Executive Committee, evaluated accordingly,
and if necessary, the objector and the person being objected to should discuss the matter in the
presence of the Executive Committee. After considering the objection(s) thoroughly, the Executive
Committee would be authorized to take out the name objected to or retain the name.
g) An election shall be held in person. Only sisters within the Masjid membership can vote.
Section 17.
If one or more members of the Sisters Committee resign(s), move(s) away from the area, or is dismissed,
the remaining members should refer to Article VII, Section 2.
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ARTICLE VI
ANNOUNCEMENT RULES
Section 1.
Any Muslim who desires to address the Community after a Fard Prayer shall seek written permission from
the Executive Committee one week before he/she intends to do so. Only the Executive Committee and those
designated by the Executive Committee may address the Community after Juma Prayer.
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ARTICLE VII
COMMITTEES APPOINTED BY THE EXECUTIVE COMMITTEE
Section 1.
The Library Committee: The Social Activities Secretary shall be in charge of the Library Committee.
The functions of the Library Committee shall include:
a. Monitoring and cataloging all literature that comes into the Masjid.
b. Being responsible for organization of the “Reference Library”, the “General Library”, and the
“Audio/Video Library”.
c. Acquiring suitable books and other literature on a continuous basis.
d. Forming and enforcing regulations relating to functioning of the libraries.
Section 2.
Ad-Hoc Committees:
a. The Executive Committee may appoint an Ad-Hoc Committee to carry out an assignment at any time.
The tenure of such committees may vary from a fraction of an hour to more than a year, depending on
the nature of the assignment.
The assignment given to the Ad-Hoc Committee shall be precisely defined in a memorandum from
the Executive Committee to the Ad-Hoc Committee, a copy of which shall be posted on the bulletin
board in the Masjid/Islamic Center. The limit on the expenditure, if any, that may be incurred in
carrying out the assignment, shall be specified in the memorandum.
b. The Chairman of the Committee shall be elected, based on Shura, by the same Committee and shall
call, preside over, and adjourn the Committee meetings and plan and conduct the Committee’s work.
If there is an Executive Committee member on the Ad-Hoc committee, they shall automatically
become the chairperson. If anyone resigns from the committee the chairperson will choose a person to
replace the vacant position. If the chairperson resigns the Vice President will choose a person to
replace the vacant position.
c. No person shall be the Chairman of more than two Ad-Hoc Committees at the same time.
d. The Committee shall be allowed to continue its work uninterrupted by anybody till it completes the
assignment for which it was formed. Only the chairman of the Committee shall dismiss the
Committee after the assignment has been accomplished and he has submitted to the President a report
to that effect.
e. The recommendations of the Committee shall be honored and carried out unless a simple majority of
the Masjid Members present at a General Body meeting called to discuss them, recommends for any
change(s).
f. None of the Committees shall be open. They shall have a fixed number of members.
g. None of the Committees shall bypass the Executive Committee in calling for General Body meetings.
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ARTICLE VIII
FINANCE
Section 1.
Donations will be accepted from all provided “no strings are attached” and they require no further
obligations on the part of the Masjid.
Section 2.
The Executive Committee may accept any contribution in any form from any source consistent with the
purposes of the Masjid and with the principles of Islam.
Section 3.
a. Zakah and needy families’ funds collected shall only be disbursed according to principles of Islamic
law.
b. All other funds collected for a specific cause shall be used for that cause unless a majority of the
Executive Committee and Board of Trustee members authorize its use for a different purpose within
the goals and objectives of the Masjid; however, the funds collected for the specific purpose of
expanding and maintaining the Masjid/Islamic Center shall be used only for this purpose.
Section 4.
The Masjid shall maintain an Expense account. This shall be an interest-free bank account for its current
expenses. This account is supplied with funds from the reserve funds as well as funds collected on behalf of
the Masjid. Two signatures are required for withdrawals on this account. These two signatures shall be that of
the President and the Treasurer. The balance in this account should not be allowed to fall below $1,000 (one
thousand dollars) unless extremely necessary.
Section 5.
The President and Treasurer along with at least one other Community Member shall be present when
opening the donation boxes.
In addition all donations collected by the Masjid must be handled by the President and the Treasurer in the
presence of one other Community Member. The Treasurer is responsible for guaranteeing deposits are
reconciled with the collections.
Section 6.
Withdrawal of Funds :
All check withdrawals shall be signed by the Treasurer and the President (or Vice President in the absence
of the President). Any single withdrawal is not to exceed $1,000 (one thousand dollars) unless approved and
signed by the Chairman of the Board of Trustees.
Section 7.
a. The Executive Committee shall nominate two qualified Community Members as auditors for the
previous fiscal year, who shall not run for positions in the Executive Committee or the Board of
Trustees, and who have knowledge and understanding of accounting and audit procedures. The
auditors shall audit the Masjid annualy and submit a final report to the Board of Trustees and then to
the General Body.
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b. In case no Community Members are available to audit the accounts, efforts should be made to
request/hire outside auditors (preferably Muslims).
Section 8.
The building funds must be used for building improvements and/ or new building purchases. The building
funds cannot be used for operational expenses. An affirmative vote by two thirds of the Board of Trustees and
the Executive Committee is required to use the building funds. If there is a need to transfer from the building to
operations account it shall require prior approval from the President, the Chairperson of Board of Trustees and
the Treasurer.
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ARTICLE IX
BOARD OF TRUSTEES (AHLUL-HALLI-WAL AQD)
Section 1.
The Board of Trustees is composed of people who meet all of the following requirements:
1. The person must be an adult, male, and belong to the Ahl-as-Sunnah wa al-Jamaah.
2. The person should regularly attend congregational prayers in the Davis Masjid.
3. The person must participate in the activities of the Davis Masjid.
4. The person must be a regular member of the Davis Masjid.
5. The person should be known for having a good Islamic character.
6. The person should be willing and able to serve the Davis Masjid as a member of the Board of Trustees
7. The person must have been a resident of Davis or the surrounding area for at least two years and
intend to permanently live in the area.
8. The person must be a registered member of Islamic Center of Davis.
Section 2.
The Board of Trustees will comprise of a total of five members. The members of the Board of Trustees
should choose a chairman from among themselves.
Section 3.
The Board of Trustees shall consist of five members. Four of them shall be nominated by the Masjid
Membership and selected by the Board of Trustees of the Masjid for a term of five years. The Treasurer of the
Executive Committee shall also serve as a fifth member of the Board of Trustees. The Treasurer’s term on the
Board of Trustees shall start and end with his Executive Committee term. A prior Board of Trustee member
may be nominated and selected with a maximum of two consecutive terms. If a member of the Board of
Trustees is selected for two consecutive terms, he will be eligible again after one term has passed since he was
last on the Board of Trustees. The Chairman of the Board of Trustees shall present the new Board of Trustee
members to the Community at the next Juma Prayer once selected. The newly selected Board of Trustees will
choose from among themselves a Chairperson for the Board of Trustees every term.
A person cannot simultaneously be a member of the Executive Committee and the Board of Trustees,
except the Treasurer.
Section 4.
If one or more members of the Board of Trustees resign(s), move(s) away from the area, or is dismissed, the
remaining members should consult the Executive Committee and seek nominations from the Masjid
Membership. The Board of Trustees should consider all qualified nominees and choose the most suitable
member(s) and present these names to the Masjid Membership. The members of the Board of Trustees shall
have the last ruling/final responsibility over the selection.
If one or more members of the Board of Trustees resigns, moves away from the area, or is dismissed, the
Chairman of the Board of Trustees must notify the Community immediately. The vacant position must be filled
within six weeks, and the selected member’s name should be announced in two consecutive Juma prayers.
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Section 5.
The members of the Board of Trustees shall meet at least once every six months and when necessary.
Section 6.
The members of the Board of Trustees shall be responsible for:
a. Approving the rules and guidelines for the Masjid based purely on Islamic principles, and ensuring
that these policies are carried out properly by the Executive Committee. If there is a dispute over the
rules and guidelines the Board of Trustees shall hold the final decision after consulting with the
Executive Committee and the disagreeing party.
b. Finding ways and means of raising funds for the Masjid.
c. The general growth and expansions of the Masjid.
d. Overseeing the general activities of the Masjid to ensure that they are within the bounds of Shari’ah
and within the framework of this constitution.
e. Extending the term of the Executive Committee members, appointing, and removing any member(s)
of the Executive Committee.
f. Ensuring that all Executive Committee, Board of Trustees and Ad-Hoc Committee members of the
Masjid are trained on an annual basis to follow these Bylaws and the Masjid’s rules and guidelines.
g. The land and improvements thereupon are under the trust of North American Islamic Trust (NAIT).
The members of Board of Trustees are directly responsible for this Trust’s affairs.
Section 7.
In case of ambiguity regarding the interpretation of any section of the Bylaws or possible conflict between
two or more sections, the interpretation of Board of Trustees to clarify such ambiguities or resolve the conflict
shall be final.
Section 8.
A member of the Board of Trustees may be removed if:
a. Not practicing teachings/principles of Islam.
b. Works against the goals of the Masjid as decided by the members of the Masjid.
c. Does not meet the conditions set forth in Section 1 of this Article.
d. Misses three consecutive meetings of the Board of Trustees without an acceptable excuse.
The Board of Trustees will meet without that member if necessary, to decide his case. If this member is the
Chairman of Board of Trustees, the remaining members must be in total agreement about removing him.
Section 9.
The Chairman of Board of Trustees shall be responsible for:
a. Calling and presiding over Board of Trustees meetings.
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b. Being the spokesman, representative, and correspondent of activities. He should consult and keep
other members informed about Board of Trustees activities.
c. The Chairman or any designated member of the Board of Trustees shall maintain a record of minutes
for the Board of Trustees meetings. At the beginning of any meeting he shall present the minutes of
the previous Board of Trustees meeting for approval.
d. The Chairman, or members of Board of Trustees, are not responsible for the day-to-day activities of
the Masjid, unless an emergency/ or a conflict that would disrupt/rupture the structure of the Masjid
exists, in which case Board of Trustees should:
1. Discuss with the President and/or the Executive Committee.
2. Hold a joint meeting with the Executive Committee.
3. Change one or all the members of the Executive Committee as in Section 6e of this Article.
e. It is the responsibility of the chairman to inform all the members about any Board of Trustees meeting
and every member shall attend unless he provides the chairman an acceptable excuse.
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ARTICLE X
MEETINGS
Section 1.
The Masjid shall have at least one General Body meeting each year. The President shall preside over all
such meetings and present a “State of the Masjid” report, during the final General Body meeting. All General
Body meetings shall be widely publicized, preferably at Juma prayers.
Section 2.
There shall be at least one common meeting of all members of the new Executive Committee and Board of
Trustees within one month of the formation of the Executive Committee
Section 3.
The Executive Committee will meet at least once every month at such a time and place as is most
convenient and suitable to most of its members.
Section 4.
The President may call Executive Committee meetings in addition to the regular monthly meetings
whenever he considers it necessary.
Section 5.
a. An emergency meeting of Executive Committee may be called at the request of at least two of its
members. Such a meeting shall be held within one week after the written request is made to the
President.
b. An emergency meeting of the Executive Committee may also be called by a petition signed by at least
10% (ten percent) of all Masjid Members. Such a meeting shall be held within one week after the
written petition is presented to the President.
Section 6.
The presence of three of the five members of the Executive Committee shall constitute a quorum for its
meeting.
Section 7.
The Executive Committee may invite past Executive Committee members and/or any other Community
Members to an Executive Committee meeting in order to know the history of past decisions and/or to seek
their views on the items on the agenda for the meeting. However, none of the additional attendees shall have a
right to vote on any Executive Committee decision.
Section 8.
An Executive Committee member other than the President who has failed to attend three consecutive
Executive Committee meetings, without being excused by the President prior to the meetings, shall be asked to
give his explanation for the absence in writing. If he fails to do so or if his explanation is not satisfactory to the
Executive Committee, the latter shall consider his dismissal from the post he is holding. The Executive
Committee shall grant him a hearing so as to enable him to defend his explanation for absences. If he refuses
to appear at a hearing with the Executive Committee, the dispute shall be referred to the Board of Trustees
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within a period of two weeks, where they shall hold the final decision on appropriate action with input from the
Executive Committee.
The President shall give to the Executive Committee his reasons for his failure to attend three consecutive
Executive Committee meetings. If the Executive Committee does not find his explanation to be satisfactory,
the Vice President shall recommend his dismissal from his office. The Executive Committee shall grant him a
hearing so as to enable him to defend his explanation for the absences. If he refuses to appear at a hearing with
the Executive Committee, the dispute shall be referred to the Board of Trustees within a period of two weeks,
where they shall hold the final decision on appropriate action with input from the Executive Committee.
Section 9.
In order to be eligible to vote at a General Body meeting, a Masjid Member must have maintained his/her
membership for an uninterrupted period of 60 days immediately preceding the meeting.
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ARTICLE XI
JUDICIARY PROCEDURES
Section 1.
Charge(s) of misdemeanor, misappropriation of funds, fraud, corruption, violation of the constitution,
cover-up of such offenses, etc., can be brought against any Community Member or a group of Community
Members by a petition signed by 20% of the Masjid Members. The petition shall be handed over to the
President and a copy of the same shall be sent to Board of Trustees.
Section 2.
Board of Trustees and the Executive Committee shall meet within two weeks of receipt of the petition in
order to set up a panel to examine the charge(s). If the charge(s) is (are) against a Executive Committee
member, Board of Trustees shall be responsible for calling the meeting for setting up the panel. The
Executive Committee shall be responsible for calling the meeting to set up the panel if the charges are not
against one or more of its members.
Section 3.
The panel shall consist of a Board of Trustees member, an Executive Committee member, and nine other
Masjid Members. The Community Member or group of Community Members against whom the charge(s) has
(have) been brought shall have the option of picking by random drawing nine names from a basket containing
the names of all registered members of the Masjid. The Board of Trustees and the Executive Committee
members who will serve on the panel can be picked in a similar way.
The person(s) against whom charge(s) has (have) been brought does (do) not qualify to be on the panel. A
person shall have been a member for at least six months to serve on the panel.
Section 4.
The Board of Trustees member on the panel shall be the chairman of the panel.
Section 5.
If the person(s) accused refuse(s) to exercise the right to draw the names of members on the panel, the
President or his replacement shall draw the names in the presence of the Executive Committee.
Section 6.
The chairman of the panel shall fix the time for the first session of the panel within two weeks after the
formation of the panel and shall notify, in writing, the panelists at least one week before the scheduled session.
Section 7.
The panel shall hear the charge(s) as well as witnesses from both sides, examine all evidence, and pass a
judgment based on a majority opinion, and determine punitive and/or corrective measures. If the panel finds
clear evidence of criminal violation according to State and/or Federal laws, it may recommend to the General
Body to consider the possibility of legal suit against the person(s) accused, if a solution is not found within the
framework and Bylaws of the Masjid.
Section 8.
The panel shall submit a detailed report on its findings and actions to the General Body.
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ARTICLE XII
ELECTIONS
“And who (conduct) their affairs by mutual consultation.” (42:38)
Section 1.
The appointment of new office bearers for the Executive Committee shall be held every year by the
Election Committee through an election process beginning Fall Quarter.
Section 2.
The Board of Trustees shall seek nominations from the General Body for the chairperson of the Election
Committee first. The Board of Trustees shall select the chairperson of the Election Committee from these
nominations and then from these nominations of the General Body and input from the chairperson, the Board
of Trustees shall appoint four other members to the Election Committee. All five members of the Election
Committee must have been Masjid Members for at least two years and cannot be current members of the
Executive Committee. At least one member of the Election Committee should be a student from the University
of California, Davis. Should no qualified student be found, the fifth member of the Election Committee can
come from the rest of the Masjid Membership.
The Election Committee shall be formed no later than the first week of October. Once the entire Election
Committee is formed, it shall report only to the General Body and shall operate independently of any other
Board or Committee. If any Masjid Member has a dispute with the Election Committee, which cannot be
resolved with direct communication with the Election Committee, the Board of Trustees shall hold the final
decision after consulting with the Election Committee and the disagreeing party.
Section 3.
The decision on each and every matter of the Election Committee shall be reached in a parliamentary way
with each member of the Election Committee present voting on the matter.
Section 4.
Nominators as well as those who second the nominations must be Masjid Members. In order to be eligible
to nominate, or to second a nomination, a Masjid Member must have maintained his/her membership for an
uninterrupted period of 60 days immediately preceding the filing of the nomination with the Election
Committee.
Any two individuals cannot nominate or second each other for any position.
Section 5.
Election Committee members cannot be nominees or nominators, and shall not campaign in favor of or
against any candidate, and may not resign from the Election Committee in order to run for a position in the
same election. However, Election Committee members shall have the right to vote as Masjid Members.
Section 6.
In cases where a vacancy of any seat on the Election Committee occurs, a qualified replacement shall be
appointed by the Election Committee. If the Election Committee chairperson resigns, a new chairperson shall
be elected from among the Election Committee members. In the event that an immediate relative (spouse,
parent, child, or sibling) of an Elections Committee member accepts a nomination for Executive Committee,
the Election Committee member must resign from the Election Committee.
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Section 7.
The nominees for each position must be a Masjid Member. The Election Committee shall verify the
eligibility of nominees.
A nominee for any of the five Executive Committee positions should be a member who has not been
holding the same position for two (2) consecutive terms prior to their nomination.
Section 8.
Executive Committee members who have served two (2) consecutive terms in one position may be
nominated for a different position on the Executive Committee according to Section 7 of this Article
.
Section 9.
The nominee shall provide a brief summary of experience, training and qualifications of the nominee for
the specific position they are nominated for and how they can benefit the Masjid.
Section 10.
Whereas all the nominations should be actively encouraged, names considered unqualified for the
position(s) should be taken out by the Election Committee. This last action must be a unanimous opinion by
the Election Committee. The remaining names will be presented to the Community as being the tentative
nominations for the five positions.
Section 11.
If there are any objections to the list of nominees, the objectors should contact the Chairman of the Election
Committee, any member of the Election Committee, or the Board of Trustees.
The objection should be seriously considered by the Election Committee, evaluated accordingly, and if
necessary, the objector and the person being objected to should discuss the matter in the presence of the
Election Committee. After considering the objection(s) thoroughly, the Election Committee would be
authorized to take out the name objected to or retain the name.
Section 12.
An election shall be held in person. All votes shall be cast on an official ballot that cannot be cross-
referenced to an individual voter.
Section 13.
In order to be eligible to vote in an election, a Masjid Member must have maintained his/her membership
for an uninterrupted period of 60 days immediately preceding the election.
Section 14.
Plan of the Election procedure:
a. Juma Prayer in the last week of September: First announcement by the Chairman of the Board of
Trustees or his designee from the Board of Trustees after the Juma prayer about the exact time of
the upcoming election (third week of November) for the Executive Committee and briefly explain
the procedure to be followed.
b. In the first week of October: the Election Committee shall be formed according to the procedure in
Section 2 of this Article.
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c. Juma Prayer in the second and third week of October: Announcement of Election Committee,
announcement of last date/time for nominations for positions on the Executive Committee.
Encourage all Masjid Members to submit nominations.
d. Juma Prayer in the fourth week of October: Last day for nominations, until after Isha.
e. First week of November: the Election Committee considers the names of all qualified nominees
for the five positions.
f. Juma Prayer in the second week of November: the Election Committee will announces the
tentative list of nominations, and asks for opinions from the Masjid Membership.
g. The election will he held from the third Juma Prayer of November to the fourth Juma Prayer of
November until Isha. The chairman of the Election Committee can extend the election for an
additional two days, if necessary.
h. Juma Prayer in first week of December: the chairperson of the Election Committee shall announce
the results, and the Masjid Membership and Community should be encouraged to endorse the
names and cooperate with the new Executive Committee.
Section 15.
The newly elected Executive Committee shall assume responsibility on the first of January. The period
between December and January shall be considered a transition period where the outgoing Executive
Committee shall handover their responsibilities to the new Executive Committee including the transfer of bank
accounts, keys, access cards, seals, and all other property of the Masjid.
Section 16.
The Board of Trustees shall keep all ballots and record of the elections for three years.
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ARTICLE XIII
FIRST ELECTION DETAILS
Section 1.
This Article shall only apply to the first general election after the adoption of these Bylaws in the Fall of
2012.
Section 2.
The Board of Trustees shall seek nominations from the General Body for the chairperson of the Election
Committee first. The Board of Trustees shall select the chairperson of the Election Committee from these
nominations and then from these nominations of the General Body and input from the chairperson, the Board
of Trustees shall appoint four other members to the Election Committee. All five members of the Election
Committee must have been Community Members for at least two years and cannot be current members of the
Executive Committee. At least one member of the Election Committee should be a student from the University
of California, Davis. Should no qualified student be found, the fifth member of the Election Committee can
come from the rest of the General Body.
The Election Committee shall be formed four (4) weeks after the passage of these Bylaws. Once the entire
Election Committee is formed, it shall report only to the General Body and shall operate independently of any
other Board or Committee. If any Masjid Member has a dispute with the Elections Committee, which cannot
be resolved with direct communication with the Election Committee, the Board of Trustees shall hold the final
decision after consulting with the Election Committee and the disagreeing party.
Section 3.
The decision on each and every matter of the Election Committee shall be reached in a parliamentary way
with each member of the Election Committee present voting on the matter.
Section 4.
Nominators as well as those who second the nominations must be Masjid Members. In order to be eligible
to nominate, or to second a nomination, a Masjid Member must have maintained his/her membership for an
uninterrupted period of 60 days immediately preceding the filing of the nomination with the Election
Committee.
Any two individuals cannot nominate or second each other for any position.
Section 5.
Election Committee members cannot be nominees or nominators, and shall not campaign in favor of or
against any candidate, and may not resign from the Election Committee in order to run for a position in the
same election. However, Election Committee members shall have the right to vote as Masjid Members.
Section 6.
In cases where a vacancy of any seat on the Election Committee occurs, a qualified replacement shall be
appointed by the Election Committee. If the Election Committee chairperson resigns, a new chairperson shall
be elected from among the Election Committee members. In the event that an immediate relative (spouse,
parent, child, or sibling) of an Elections Committee member accepts the nomination, the Election Committee
member must resign from the Election Committee.
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Section 7.
The nominees for each position must be a Masjid Member. The Election Committee shall verify the
eligibility of nominees.
Section 8.
The nominee shall provide a brief summary of experience, training and qualifications of the nominee for
the specific position they are nominated for and how they can benefit the Masjid.
Section 9.
Whereas all the nominations should be actively encouraged, names considered unqualified for the
position(s) should be taken out by the Election Committee. This last action must be a unanimous opinion by
the Election Committee. The remaining names will be presented to the Community as being the tentative
nominations for the five positions.
Section 10.
If there are any objections to the list of nominees, the objectors should contact the Chairman of the Election
Committee, any member of the Election Committee, or the Board of Trustees.
The objection should be seriously considered by the Election Committee, evaluated accordingly, and if
necessary, the objector and the person being objected to should discuss the matter in the presence of the
Election Committee. After considering the objection(s) thoroughly, the Election Committee would be
authorized to take out the name objected to or retain the name.
Section 11.
An election shall be held in person. All votes shall be cast on an official ballot that cannot be cross-
referenced to an individual voter.
Section 12.
In order to be eligible to vote in an election, a Masjid Member must have maintained his/her membership
for an uninterrupted period of 60 days immediately preceding the election.
Section 13.
Plan of the Election procedure:
a. The fourth Juma Prayer after the passage of these Bylaws: First announcement by the Chairman of
the Board of Trustees or his designee from the Board of Trustees after the Juma Prayer about the
upcoming election of the Executive Committee, and briefly explain the procedure to be followed.
b. Four (4) weeks after the passage of these Bylaws the Election Committee shall be formed
according to the procedure in Section 2 of this Article.
c. At the Juma Prayer five (5) and six (6) weeks after the passage of these Bylaws: Announcement of
the new Election Committee, announcement of last date/time for nominations for positions on the
Executive Committee by positions. Encourage all Masjid Members to submit nominations.
d. At the Juma seven (7) weeks after the passage of these Bylaws: Last day for nominations, until
after Isha.
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e. Week eight (8) after the passage of these Bylaws: the Election Committee will consider the names
of all qualified nominees for the five positions.
f. At the Juma eight (8) weeks after the passage of these Bylaws: the Election Committee will
announce the tentative list of nominations, and asks for opinions from the Masjid Membership.
i. The election will he held from the Juma nine (9) weeks after the passage of these Bylaws to the
Juma ten (10) weeks after the passage of these Bylaws until after Isha. The chairman of the
Election Committee can extend the election for an additional two days, if necessary.
g. At the Juma eleven (11) weeks after the passage of these Bylaws: the chairperson of the Election
Committee shall announce the results, and the Masjid Membership and Community should be
encouraged to endorse the names and cooperate with the new Executive Committee.
Section 14.
The newly elected Executive Committee shall assume responsibility fifteen (15) weeks after the passage of
these by-laws. The period between week eleven (11) and week fifteen (15) shall be considered a transition
period where the outgoing Executive Committee shall handover their responsibilities to the new Executive
Committee including the transfer of bank accounts, keys, access cards, seals and all other property of the
Masjid.
Section 15.
The Board of Trustees shall keep all ballots and record of the elections for three years.
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ARTICLE XIV
AMENDMENTS
Section 1.
Any amendment to this Bylaws found to be in opposition to or contradicting Quran and Sunnah and Islamic
laws/principles must automatically be rejected.
Section 2.
The Board of Trustees and Executive Committee members shall collectively be responsible for
writing/revising any amendment to the Bylaws.
Section 3.
The proposal for an amendment to these Bylaws shall be signed by at least thirty (30%) percent of the
Registered members and submitted to the Executive Committee.
Section 4.
The President shall call a General Body meeting to obtain a consensus from the Masjid Members on the
proposed amendment(s). This meeting shall be held at least 30 days and no more than 60 days after the
proposal is submitted. The General Secretary shall send out a meeting invite with the agenda to all Masjid
Members at least two weeks before the General Body meeting.
Section 5.
At least fifty (50%) percent of the Masjid Membership must be present for the adoption of any
amendments. Of those Masjid Members present, an affirmative vote of two thirds is necessary to adopt any
amendments.
Section 6.
The quorum requirement for approval of any amendment(s) shall be all five members of the Board of
Trustees. An affirmative opinion of at least 3 of the 5 members of the Board of Trustees is necessary, after the
Masjid Membership has consented, for the addition or deletion of any amendment(s).
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ARTICLE XV
BYLAWS ADOPTION AND ENFORCEMENT
Section 1.
The initial quorum requirement for voting on approval of these Bylaws is one half of the total Masjid
Membership. If one half of the Masjid Membership is not present at that meeting, a second meeting shall be
called for the same purpose within one week after the first meeting in which the quorum requirements shall be
waived.
Section 2.
The revised Bylaws shall be registered with the State of California within one month of their adoption.
Section 3.
The Bylaws shall be adopted and enforced, effective immediately after they have been approved by the
Masjid Membership and signed by the Executive Committee and the Board of Trustees.
________________________________________ ________________________________________
SYED M. ALI MOAYED DAOUD
________________________________________ ________________________________________
Date Date
________________________________________ ________________________________________
MALIK MAAYAH AHMED AHMEDIN
________________________________________ ________________________________________
Date Date
________________________________________ ________________________________________
MUHAMMAD ASLAM RAYMOND A. ELIAS
________________________________________ ________________________________________
Date Date
________________________________________ ________________________________________
OTHMAN AL-SOUD MOHAMED KHEITER
________________________________________ ________________________________________
Date Date