Strandfontein Mosque Constitution

STRANDFONTEIN ISLAMIC ASSEMBLEY

C O N S T I T U T I O N

PREAMBLE

All praise is due to ALLAAH Who warns  :

By the declining day,  indeed Man is in loss,

Except those who believe and practice righteous deeds,

In the mutual teachings of patience and constancy;

That only the believers are brethren,

Who know that Mohummud is His Messenger;

Finding in him the finest example,

They hold all fast to the rope of ALLAAH,

And while not dispersing, remember that ALLAAH created man

Weak, ever hasty and an ingrate,  but not unalterable,

As long as he prays and struggles and grows

From under the command of his passions to have a

Self-retreating conscience,

To eventually the stage where he pleases only his Lord.

SECTION A: NAME AND HEADQUATERS

1.         The name of the Organization hereby constituted shall be STRANDFONTEIN ISLAMIC ASSEMBLY.  The organization shall hereinafter be referred to as   S.I.A.

2.         (a)       By   “HEADQUARTERS”   shall be understood the place in                                                                   which  Meetings of the  S.I.A. are held.

(b)       The headquarters of the  S.I.A. shall be in the suburb of Strandfontein / Mitchell’s Plain.

SECTION B: AIMS AND OBJETCS

The S.I.A. dedicates itself to work in accordance with the Quran and Sunnah and within the framework of the AHLI-SUNNA-WAL-JAMMA,  for the spiritual, educational, social and economic upliftment of the Muslim people insofar as:

(  i  )     To consolidate and strengthen Muslim Society;

( ii  )     To foster and assert Islamic values;

( iii )     To establish and maintain Islamic Institutions;

( iv)      To assist and guide in all spheres;

( v )      To propagate and advocate Islam;

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SECTION B (CONTD)

( vi  )    To solve and remedy any problem by consultation and arbitration; 

( vii )    To co-operate and affiliate with other bodies with similar objects;

(viii)     To safeguard the Muslims from acts detrimental to social progress for as Muslims we cannot a party to chaos and confusion;

( ix )     To acquire in the name of the S.I.A. by purchase or donations, movable and immovable property and to employ personnel in furthering the above objects;

(  x )     To raise such funds as required to implement the abovementioned objects;

( xi )     To lease, hire, sell, dispose of any movable or immovable property.

SECTION C: MEMBERSHIP

1.    Any Muslim who satisfies the following conditions shall be eligible for membership :-

(a)   THAT the S.I.A Constitution be accepted without reservation

(b)   THAT the Applicant not be under the age of 16 years

(c)   THAT he/she not be declared unsound of mind.

2.    A member shall lose his/her membership if he/she violates the principles of this Constitution or in any way bring disrepute to the S.I.A.

SECTION D: OFFICIALS AND THEIR DUTIES

1.    (a) The Officials of the S.I.A. shall be :-

            (  i  )     The Honorary President

            ( ii  )     “          “          Chairman

            ( iii )     “          “         Vice-Chairman

            ( iv )     “          “         General Secretary

            (  v )     “          “          Assistant Secretary

            ( vi )     “          “          Treasurer

            (vii )     “          “          Assistant Treasurer

            (viii)     “          “          Trustees (7)

            ( ix )     “          “          Executive Members (7)

(b)   The Officials shall be elected by the majority of the members present at the Annaul General Meeting and shall hold office for two years, except for Trustees, who shall hold office for ten years.  Should any official position fall vacant during the period between successive A.G.M’s, that position shall be filled at the first General Meeting after the one at which the vacancy was declared.  The Officials so elected shall serve until the next A.G.M.

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SECTION D (CONTD)

(a)               Any official who absents himself from (3) Three consecutive Meetings without a valid

apology shall forfeit his position.

(d)       Any official against whom a vote of no confidence is passed, shall immediately vacate his position as an official of the S.I.A. at the meeting at which the vote is taken.

(e)        The person who introduces the motion of no confidence in the official, shall, lodge in writing to the secretary, the reasons for the motion.  The discussion and the vote on the motion shall take place at the first General Meeting after the one at which the notice was given

2.         DUTIES

           

            THE PRESIDENT

            ( i  )      The President shall preside at conferences and all other public functions of the S.I.A.

            ( ii  )     The President shall present a Presidential Report at the A.G.M.

( iii )     The President shall head the executive and sub-committees and see that the constitution is upheld, while upholding it himself.

THE CHAIRMAN & VICE –CHAIRMAN

(  i  )     The Chairman, or in his absence, the Vice-Chairman, shall preside at all properly constituted Meetings of the S.I.A.

( ii  )     Should the Chairman or Vice-Chairman be absent from a properly constituted Meeting of the S.I.A. the members present shall elect from their number a Chairman to preside over that particular Meeting.

( iii )     The presiding official at any properly constituted Meeting shall have the authority to nominate an official or member present at the Meeting to assist him to follow the constitutional aspects of every discussion.

( iv )     In any deliberation of which a vote has been taken, the presiding officer shall have both a deliberative and a casting vote;  at no time shall a returning officer exercise a casting vote under this section of the constitution.

GENERAL SECRETARY AND ASSISTANT SECRETARY

The secretary shall  :-

(  i  )     Keep a true and accurate record of the proceedings of all the Meetings of the S.I.A. and of the Executive Committee.

( ii  )     Conduct the correspondence of the S.I.A.

( iii )     Assist the Treasurer to keep proper books of account of the S.I.A. Finances.

( iv )     Keep a complete register of the membership.

(  v )     Submit annually at the A.G.M. a report on the Organization’s administration and activities of the S.I.A. and its Committees.

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SECTION D : The Secretary shall  :  (CONTD)

           

            ( vi  )    Perform all such duties as are properly delegated to him by the S.I.A.

The General Secretary shall be assisted in all his duties by the Assistant Secretary.

            TREASURER

            The Treasurer shall:-

(  i  )     With the assistance of the Secretary keep a complete record of all the Financial Transactions of the S.I.A.

( ii  )     Retain, of the monies or donations paid to the S.I.A., a sum not exceeding One Thousand Rand or the amount of the Jumu’ah Collection, whichever is the greater for Petty cash.  All monies in excess of the above said amount shall be deposited in a Current Account with a Registered Bank, elected annually at the S.I.A. Annual General Meeting.  This deposit shall be made on the third available banking day after the receipt of the money, into the account, which shall be in the name of the S.I.A.

( iii )     Issue a receipt ( In the name of the S.I.A. ) for all monies received.

( iv )     Obtain authorization for payment of accounts for which the S.I.A. is liable, at  properly constituted Meetings of the S.I.A.

            Cheques drawn on Current Account shall be signed by the Chairman and the Treasurer and shall be countersigned by the Secretary.

            Any other form of financial transactions shall be approved by the Executive in consultation with the Auditor at  properly constituted Meetings of the S.I.A.           

(  v )     Submit a Revenue Account at the General Meeting and A.G.M.  The Revenue Account submitted at the A.G.M. shall be checked 30 days before the A.G.M. by an Auditor, who shall be appointed at each A.G.M.  Any member who wishes to scrutinize the S.I.A.’s books of account may do so at any valid meeting of the S.I.A.

( vi  )    Not be empowered to commit the S.I.A. to any financial contract without the specific authorization of the S.I.A.

The Treasurer shall be assisted in all his duties by the Assistant Treasurer.

            TRUSTEES

           

            The Trustees shall form the Board of Trustees ( 7 members ).

            The Trustees shall  :-

(  i  )     Institute and defend any legal proceedings for and against the S.I.A., and sign all necessary documents in connection therewith.

( ii  )     Negotiate and enter into any contracts in furtherance of the S.I.A. aims and objects.

( iii )     Not be empowered to commit the S.I.A. to any contract without the specific authorization of the S.I.A.

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SECTION D : The Trustees shall  :  (CONTD)

           

( iv  )    Nominate, from their number, any two Trustees to have the authority to act on behalf of the Board of Trustees.

(  v  )    Shall keep a complete record of the property of the S.I.A.

( vi  )    Shall keep records of the minutes of all the A.G.M’s and all the minutes of the last three executive bodies and sub-committees, as well as a complete record of judgments, religious or otherwise that concerns the modus operandi of it’s Mosque affairs.

The Treasurers, as also the Chairmen, Secretaries and the Trustees shall not be personally liable

for any debts incurred on behalf of the S.I.A.   It shall at all times be accepted that the

payment of debts contracted by the S.I.A shall be guaranteed, on a Pro-Rata basis by the

members of the S.I.A.  The Administration of the S.I.A. shall vest in The Executive Committee.

SECTION E: THE EXCECITIVE COMMITTEE

The Executive Committee shall consist of the Officials and 7 (seven) executive members elected at the A.G.M.

(  i  )                 Meetings of the Executive Committee shall be convened by the Secretary, instructed thereto by the Chairman.

( ii  )                 The Executive Committee shall have a Quorum of 50% of it’s Constituents, of whom at least 3 ( Three ) shall be Officials.

( iii )                             Constituents shall receive at least three ( 3 ) days notice of any Meeting of the Executive Committee.

( iv )                 Any Constituent who absents himself without an apology from 3 consecutive Meetings shall forfeit his position.

(  v )                 EXTRA – ORDINARY  POWERS  :-

                        1.         (a)       Should it for any reason beyond the control of the S.I.A. not be possible

                                                to hold the normal General Meeting of the S.I.A., the Executive

                                                Committee shall assume the management and control of the affairs of

                        The S.I.A.  and shall discharge all those functions which the General Meeting would otherwise have discharged.                                                                           

                                    (b)       The Executive Committee, through the Secretary, shall submit to the

                                                S.I.A. at the earliest possible date after normalization of the affairs of

                        the S.I.A. a complete report on all it’s Meetings and on any course of action taken with regards to the matters dealt with by it.

2.                   Any decision reached  on course of action taken under Clause 1. (a) of

            Section E, shall automatically be ratified by the S.I.A. after it has received the

            Executive Committee’s report.

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SECTION F: MEETINGS

1.A.      THE  ANNUAL  GENERAL  MEETINGS

           

(  i  )     The A.G.M. of the S.I.A. shall be held not later than the month of THUL GADJ.  Those eligible to attend are the Officials, the registered members and any other person who wishes to attend this or any other Meeting of the S.I.A. may do so only with the permission of the Executive Committee.  Such persons, “observers”, shall have no right to vote.

( ii  )     All members shall be given 14 ( Fourteen ) days notice of the date and place of the A.G.M.

( iii  )    The A.G.M., the first and every adjourned session, shall be attended by not less than 10% of the members.

B.              The Business of the A.G.M. shall be  :-

(  i  )     To read and adopt the minutes of the previous A.G.M.,

( ii  )     To receive and discuss the President’s Annual Report,

( iii  )    To receive and discuss the Secretary’s Annual Report,

( iv  )    To receive and confirm the Treasurer’s Financial Statement and to consider the report of the Auditor,

(  v  )    To deal with correspondence and to consider amendments and additions to the Constitution,

(  vi  )   To discuss other general business which may be tabled for discussion,

(  vii )   To elect Officials and Members of the Executive Committee for the ensuing period.

C.             Alterations to the Constitution  :

(  i  )     The Constitution may not be altered, amended or added to in any way at any time other than at the A.G.M.

(  ii  )    Notice of any proposed change, amendment or addition must be given to the Secretary not later than thirty (30) days prior to the date of the A.G.M.,

( iii )     To become effective and binding upon the membership of the S.I.A. any change, amendment or addition to the Constitution must be approved by not less than 75% of the members present.  Once approved, the change, amendment or addition to the Constitution shall become binding upon the membership immediately after the A.G.M. is closed.

2.                   GENERAL  MEETINGS

a.      General Meetings shall be held once a month, unless the S.I.A. decides otherwise.  This decision may be taken at any properly constituted meeting.

b.      The Quorum for a General Meeting shall consist of Three (3) Officials and 10% of the membership.

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SECTION F :  MEETINGS  :  (CONTD)

3.                   SUSPENSIONS

A.         (  i  )     The S.I.A. shall have the authority to suspend from it’s activities any member for

any flagrant and  willful breach of the articles of this Constitution and for any willful act that is calculated to impede or to obstruct the S.I.A. in the discharge

of it’s constitutional function.

                       

(  ii  )    It shall be competent for the S.I.A. to suspend or to expel any member at any of it’s  General Meetings, after having given the member opportunity to show cause why the S.I.A. should not take disciplinary action.

           

B.         No person who has been suspended by the S.I.A. shall participate in any of the S.I.A. activities, nor shall such person be eligible to serve as an Official or as an Executive Member of the S.I.A.           

SECTION G: OTHER COMMITTEES

1.         The S.I.A. as the need arises, shall elect at any of it’s meetings  :-

                       

                        (  i  )     Finance Committee

                       

                        (  ii  )    Publications Committee

                        ( iii  )    Education Committee

                        (  iv )    Social Welfare Committee

                        (  v  )    Orientation Committee

           

            or any other Committee to deal with such business as may be entrusted to it.

2.       Whereas the Treasurer and Assistant Treasurer shall head the Finance Committee, the seven Executive Members shall be heads of the remaining Sub-Committees respectively. 

The heads of the committees shall submit written reports of their activities to the Executive Committee.

The heads of the Sub-Committees shall elect their own assistants.

SECTION I: BY-LAWS AND DIMUNITION OF AUTHORITY

1.       The S.I.A. shall have the authority to enact, at any of it’s General Meetings, such resolutions as it may deem necessary for the efficient organization and control of it’s activities.

2.   (a)       The silence of this Constitution on general as well as specific matters relating to the

                  organization of the S.I.A. over it’s members or the relationship between the S.I.A. and

                  other organizations shall not be construed to mean that the authority of the S.I.A. in

                  these matters is diminished in any other way.

(b)               The S.I.A. shall at all times have full authority to govern it’s internal affairs and to

Regulate it’s relationship with other organizations.

SECTION J: SPECIAL MEETINGS

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1.       Special Meetings of the S.I.A. may be convened by the Secretary, instructed thereto by the Chairman or upon requisition from the Members.

2.       The Members that request a Special Meeting shall submit in writing to the Secretary, the reasons for the request.

3.       The Secretary shall give all the Members at least three ( 3 ) days notice of a Special Meeting.  The notice shall state the business of the Meeting.  The meeting shall not be competent to deal with any other matter.

4.       The Quorum for a Special Meeting shall consist of at least 10% of the Membership and Two Officials.

5.       If the attempt to convene a Special Meeting to discuss the business set-out in the notice to the members, should fail, the petitioning members, as well as any other members shall be precluded from requisitioning another Special Meeting to deal with the stated business and their special business shall then appear on the Agenda of the next General Meeting.

SECTION K

       A.  Notice to review and rescind

Notice to review or rescind in any ruling of the Chairman or other presiding officer or decision or resolution of the S.I.A. shall be either at the Meeting at which the ruling is given or the decision taken or resolution passed, or in writing to the Secretary within 14 days of the adoption of the minutes relating to the ruling decision or resolution.   To be valid, such a notice must be supported by a fully motivated, written application by the Member/s.

      

       B.   Notwithstanding anything to the contrary herein contained, Clauses Section  A,  B,  C and  L       shall under no circumstances be altered, amended, repealed or revoked.

SECTION L: DISSOLOTION

1.       In the event of the S.I.A. being dissolved such decision shall require the authorization of 75% of   the Membership.

2.       The Trustees shall dispose of the assets of the S.I.A. to any Organization with similar aims. 

EPILOGUE

ALLAAH tasks not a soul beyond its scope.  For it is only that which it has earned, and against it, only that which it has deserved.

Our Lord!         Condemn us not if we forget, or miss the mark!

Our Lord!         Lay not on us such a burden as Thou did lay on those before.

Our Lord!         Impose not on us that which we have not the strength to bear.

Pardon us, absolve us and have mercy on us, Thou our Protector, and give us victory over the disbelieving folk.