CONSTITUTION OF OMAR IBN EL-KHATTAB MOSQUE (OM)...The name of this organization shall be Omar Ibn...

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In the Name of Allah, the Most Gracious, the Most Merciful T "-' 580 Rivervi ew Dr.. Columbus. OH. 43202 TeU614l - 262-1310 - Fax: (614)-262-0263 ",( Col... ",,!,.... www.masjidomarohio.org; E-mail: in1o@ma sJe domar.org CONSTITUTION OF OMAR IBN EL-KHATTAB MOSQUE (OM) 1

Transcript of CONSTITUTION OF OMAR IBN EL-KHATTAB MOSQUE (OM)...The name of this organization shall be Omar Ibn...

In the Name of Allah, the Most Gracious, the Most Merciful

T"-' 580 Riverview Dr.. Columbus. OH. 43202 MiL~lI", i-lf<ut TeU614l-262-1310 - Fax: (614)-262-0263 ",( Col. .. ",,!,.... www.masjidomaro hio.org;

E-mail: [email protected]

CONSTITUTION

OF

OMAR IBN EL-KHATTAB MOSQUE

(OM)

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TABLE OF CONTENTS

1. NAME AND ADDRESS

2. PURPOSE AND OBJECTIVES

3. ORGANJZA TION

4. GENERAL RULES

5. MEMBERSHIP

6. ELECTIONS

7. RESPONSIBILITIES

8. FINANCES

9. DISSOLUTION OF OM

10. AMENDMENTS

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PREAMBLE

Whereas, we the Members of Omar Ibn AI-Khattab Mosque, Columbus, Ohio recognize Islam as a total way of life based on Qur'an and Sunnah of the Prophet Muhammad, peace be upon him (PBUH) and have pledged to endeavor practicing it as such, do hereby adopt and give ourselves this constitution and pledge to abide by its provisions.

These By-laws (referred to as the "Constitution") govern the affairs of Omar Ibn El-Khattab Mosque, Columbus, Ohio, which shall be a nonprofit organization (referred to as the "OM") consisting of a General Body (GB), the Muslim residents of Central Ohio, Ohio, as described herein, who are registered members with OM, and the Board of Directors (BOD).

ARTICLE 1

1. Name and Address

1.1. The name of this organization shall be Omar Ibn El-Khattab Mosque (OM). 1.2. The principal office of OM shall be located at 580 Riverview Dr., Columbus, Ohio, 43202. 1.3. The North American Islamic Tmst, Inc. (NAIT) , an Indiana not-for-profit corporation, is the

owner of record for the property Instmment Number 200803310048339, bearing Parcel # 530­107947 ("Tmst property"), commonly known as 580 Riverview Drive, Columbus, OH 43202, as described in the State of Ohio Franklin County Recorder's Official Records.

1.4. NAIT has granted OM permission to operate at the above indicated location and to be the sole user and beneficiary of the trust property.

ARTICLE 2

2. Purpose and Objectives

2.1. OM has been formed for religious, charitable, and educational purposes, and to carryon such other lawful acts and activities for which non-profit corporations may be formed pursuant to Ohio Revised Code Chapter 1702. All of OM's activities shall be in accordance with the Qur'an and Sunnah of Prophet Muhammad (PBUH), Sunnah (traditions of Prophet Muhammad, PBUH) as documented in the authentic books of Hadith and Fiqh. OM shall strive to strengthen and reinforce the faith of all Muslims in the Oneness of Allah Subhanahu WaTa'ala, the Holy Qur'an, and the Sunnah of the last Prophet, Prophet Muhammad (PBUH).

2.2. OM shall conduct social and religious activities aimed at preserving Islamic values and traditions and shall strive to provide an environment for Muslims that shall strengthen their Islamic beliefs and engage in Islamic activities.

2.3. OM shall promote Islamic education by establishing and maintaining mosques, libraries, Islamic centers, schools, institutions of higher learning. OM shall also establish cemeteries, funeral facilities, community centers, child care centers and health centers and chapters pursuing similar objectives in adjacent communities.

2.4. OM shall strive to promote good relations and understanding between Muslims and Non­Muslims and shall strive to propagate Islam and shall actively engage in Islamic Daw'ah work through all means of communication.

2.5. OM shall work with other Islamic communities and organizations pursuing similar objectives and shall foster coordination, communication and cooperation among such organizations.

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2.6. The organization structure shall allow additional subsidiary organizations to join OM as long as they fulfill the objectives, goals and purpose of OM.

2.7. OM shall collect and distribute Zakat (AI Mal and Al Fitr), Sadqah and donations in accordance with the Qur'an and Sunnah.

ARTICLE 3

3. Organization:

OM shall be governed by the following branches:

3.1. The GB: shall consist of all registered members of OM in accordance with Article 5. 3.2. The BOD: shall be composed of at least five (5) and up to a maximum of seven (7) elected

members including the president as well as the treasurer of OM. 3.3. The BOD may appoint committees and subcommittees in order to accomplish the goals and

objectives of OM in accordance with the current constitution.

ARTICLE 4

4. General Rules

The following general rules are applicable to all branches of OM. They also apply to all committees, subcommittees, Members, non-members, guests, employees, and contractors of OM:

4.1. In all proceedings, meetings and activities of OM, the Islamic code of conduct and ethics shall be observed.

4.2. OM's official medium of communication shall be in English. 4.3. All original legal documents of OM shall be kept in a safe deposit. The president and his

designee shall have access to this box at all times. Copies of such documents shall be kept on the premises of the principle office of OM. Such documents shall be available to the registered members for general viewing within a week of written request. The BOD may restrict disclosure of certain personal information.

4.4. Only registered members of OM may attend GB meetings. However, non-members may attend publicly open community meetings for any other purpose as defined and managed by the BOD.

4.5. OM shall carry liability insurance. 4.6. The relationship between OM and other organizations pursuing similar objectives shall be

governed by a Memorandum of Understanding (MOU). Such an MOU shall be signed by the authorized representatives of both organizations and implemented thereafter. The purpose of MOU is to allow the members of each organization to enjoy the benefits of other organizations without becoming a member of that organization. However, such benefits shall not include voting rights.

4.7. Any legal action against OM shall only be instituted in Columbus, Franklin County, Ohio.

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ARTICLE 5

5. Membership

5.1. Conditions {or Membership 7.5.1. Member of OM must be a Muslim, believing that there is none worthy of worship except

for Allah, and that Muhammad, the Messenger of Allah, is the last and final Messenger sent by Him, in accordance with the belief of Ahl-us-Sunnah Waljama'ah.

7.5.1. Member of OM must be a resident of Columbus, Ohio and adjacent counties, for at least I year before applying for that position.

7.5.1. Member must attend prayer services at OM whenever possible. 7.5.1. Member must adhere to the Islamic principles of good behavior, moral character, and

fulfillment of the rights of Islamic brotherhood as dictated by moderate understanding of Qur'an and Sunnah with other members inside as well as outside of the masjid.

7.5.1. Member must agree to uphold the religious sanctity of the OM and work to maintain it and its nature as a House of Allah within his/her ability.

7.5.1. Member must be 18 years of age or older. 7.5.1. In order to be a voting member of OM, a member shall pay the membership registration

fee, which is $ 25/year. If an individual is indigent and cannot afford the membership fee, he may appeal to the BOD for waiver of the fee, stating the circumstances that prevent payment.

7.5.1. Membership fee waivers and approval of membership shall be at the discretion of the BOD.

5.2. General rulings for Membership

5.2.1. Membership is not a requirement to receive the benefit of attending OM as well services provided by the OM, as long as the general rules of the OM are not violated.

5.2.2. After the approval of this amendment current registered members will continue as registered members, and shall constitute the GB of the OM. Upon payment of the annual membership fee, or obtaining a valid waiver, they shall also be voting members.

5.2.3. At all times the number of registered members should be kept at a minimum of fifty (50). 5.2.4. If the number of registered members decreased below minimum the GB shall elect new

members from among new applicants or other people nominated by the BOD to reach the mInImum.

5.2.5. The BOD may add a maximum of five (5) new registered members during their two-year term of service. Each added member should be approved by unanimous vote of the complete BOD.

5.2.6. A membership may be terminated by unanimous vote of the complete BOD or the approval of a majority, fifty percent plus one (50% +1), of the GB. Grounds for termination include violation of the guiding principles of the OM, misappropriation of OM assets, violence or continued umuly behavior, or any other action or inaction adverse to Islamic considerations and/or the Law of the Land.

5.2.7. A member or attendee of OM may be banned from the premises of OM on an interim or permanent basis for proven and egregious violations of the acts set forth in paragraph 5.2.6.

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ARTICLE 6

6. Elections

6.1. An Election Committee Head shall be appointed by the BOD forty five (4S) days before the Election Day.

6.2. Election Committee Head shall be a registered member of OM outside of the BOD, who shall choose two or more registered members outside the BOD to serve on the committee.

6.3. Only registered members of the GB who have paid the annual membership registration fee (voting members) or received a waiver shall be allowed to vote .

6.4. Elections shall be conducted on the last Sunday before the end of the term of office of the existing BOD. The BOD-elect shall take office at the end of the previous term. However, the outgoing BOD and the BOD-elect shall work together during a period of thirty (30) days maximum to ensure a smooth transition and to enable the outgoing BOD to complete a briefing on the financial status and the overall conditions of OM.

6.S. Early voting and election day voting shall be conducted only in person. Only voting members shall vote in an election.

6.6. Election committee shall adopt the following procedure:

6.6.1. Seek nominations at least forty five (4S) days prior to the election day. 6.6.2. Announce final list of candidates for respective offices at least thirty (30) days prior to

election. 6.6.3. Provide an opportunity for early voting for those who may not be able to vote on election

day. Early voting may begin right after final list is announced and may end one day before election day.

6.6.4. Count the ballots (early votes and election day votes) in public, announce and document the election results.

6.7. If the conditions on election day warrant postponing the election due to reasons beyond the control of the election committee (example, inclement weather, a community emergency), the election committee may postpone the election to the following Sunday.

6.8.Nominees for the BOD shall be from among the voting members of the GB who paid the annual membership registration fee or received a valid waiver.

6.9.The names of the nominees shall be posted on the bulletin board of OM. 6.10. Nominees shall present their vision for the elected term in front of OM community. 6.11. The candidates running for the BOD of OM shall not hold or accept any position in any other

Islamic/Muslim organization during the term of office. 6.12. The BOD shall be composed of seven (7) members. However, in case the number of candidates

is not sufficient to fulfill such initial number, a minimum of five (S) members shall be approved. 6.13. No person may be elected to the same office for more than two (2) consecutive terms unless he

gains the support of at least seventy percent (70%) of the casted votes in any further elections. 6.14. Upon election, the BOD shall appoint a president and a treasurer. Officers shall serve for two

years. 6.1S. The term of the BOD shall be two (2) years. Should the BOD decide not to fulfill its term an

interim election shall take place in accordance with this Article 6. 6.16. Any vacancy of an elected office shall be filled in accordance with article 6.17. The term of the

vacant position that was filled shall be for the unexpired term only. 6.17. The most recent election results shall be used to fill a vacancy. The person with the highest

number of votes who was not elected shall be offered the vacant position. If such a person is not

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available or declines the position, then the individual with the next highest number of votes shall be offered the vacant position. The above procedure shall be repeated until the vacant position is filled. If the vacant position is not filled through this process, then the BOD in consultation with the GB is authorized to fill the vacant position, including the president, within 30 days through an appointment.

6.18. Impeachment of the entire BOD or of a single director may occur upon verified facts evidencing corruption, fraud, or abandonment of duties that resulted in proven and significant harm of OM or its members. Upon proper notice as required by Ohio Revised Code §1702.18 issued not less than ten days nor more than 60 days before the meeting, voting members numbering at least fifty percent (50%) of the total number of voting members may call a special meeting to present and discuss any such findings. Notice of special meetings must be posted on the OM bulletin board, and the BOD shall not unreasonably refuse to allow such posting. Notice must include the specific purpose of the meeting and state the date, time, and location of the meeting. No action shall be taken at any special meeting unless at least fifty percent plus one (50% + 1) of the voting members in attendance approve such action. If, at any such special meeting, a majority of fifty percent plus one (50% +1) of the registered members of OM vote to impeach a director, and if the vote is thereafter verified by the BOD, then the BOD shall terminate the office of the impeached director and shall fill the vacancy as described above.

ARTICLE 7

7. Responsibilities

7.1. The General Body (GB) :

7.1.1. The GB of OM is the final authority determining the direction of OM by electing the members of the BOD and authorizing them to administer affairs of OM in accordance with this constitution.

7.1.2. All actions taken by the BOD shall reflect the wishes of the GB in accordance with Article 2 above. The GB shall make its wishes known by its majority vote of fifty percent plus one (50% + I).

7.2. The Board ofDirectors (BOD): 7.2.1. The BOD shall be responsible for providing policy guidelines for programs and activities

of OM. 7.2.2. The BOD shall strive for all decisions tlu"ough consensus; however majority vote of the

BOD shall always prevail. 7.2.3. The BOD shall meet at least once a month. Minutes of these meetings shall be maintained

and be available to the registered members for review within 5 working days after the meeting.

7.2.4. The BOD must maintain all records and documents of OM. 7.2.5. The BOD shall be responsible for all financial activities of OM. 7.2.6. The BOD may hire or terminate employee(s) of OM as required to efficiently run the

operations of OM on such terms and conditions as the BOD deem fit. 7.2.7. The succeeding BOD shall fulfill the financial obligations and commitments of the

previous BOD entered into on behalf of OM.

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7.2.8. Any BOD member who is absent without prior notification to the president for three consecutive meetings shaH forfeit the office. The vacancy so created shaH be fiHed in accordance with article 6.17.

7.3. The President 7.3.1. The BOD president shall present an Annual Report to the GB. 7.3.2. The president shall sign all documents on behalf of the BOD. 7.3.3. The president shall implement all decisions made by the BOD. 7.3.4. The president may execute any deeds, contracts, or other instruments that the GB has

authorized. 7.3.5. The president shall schedule and chair all BOD meetings. 7.3.6. The president shall appoint a BOD member to ensure that all actions taken by the BOD

are in compliance with this Constitution.

7.4. Treasurer 7.4.1. The treasurer shaH be responsible for financial transactions of OM, including the annual

budget and financial reports. Any transaction other than the previously approved fixed costs shall require endorsement of the BOD.

7.4.2. The treasurer shall receive and give receipts for moneys due and payable to OM from any source provided the receipts and payments are consistent with current constitution. Receipts issued for non-cash items shall not exceed the fair market value of the item donated.

7.4.3. The treasurer shall write checks, and distribute funds to discharge obligations of OM. Payments of greater than $5000 (five thousand dollars) shall need the signature of both the treasurer and the president.

7.4.4. The treasurer shall maintain the financial books and records of OM and keep separate ledgers for Sadqah, Zakat, Fitra, and donations for any special projects etc.

7.4.5. The fiscal year of OM shall correspond with the calendar year. As near to the end of the fiscal year as is practicable, the Treasurer shall prepare a summary of OM's accounts and financial statements showing income and expenses, assets, liabilities, and net worth and post this summary on OM's bulletin board.

7.4.6. The treasurer shall prepare quarterly statements of income and expenses. 7.4.7. The treasurer shall deliver, in the presence of the remaining BOD members, all of the

accounts and books of OM to the succeeding treasurer at the end of the term or upon leaving the office.

7.5. Committees and sub-Committees: 7.5.1. Committees and sub-committees may be established or dissolved by the BOD in the

respective areas. The responsibilities of all committees shall be within the frame work of this constitution. No Committee shall have authority to take any action outside the scope of authority delegated to it by the BOD. All committees shall be composed of at least three registered members including the chairperson. It is recommended that the chairperson be one of the BOD members.

7. 6.Members 7.6.1. Individual BOD members, registered members and voting members shall safeguard OM's

assets and facilities.

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7.6.2. Each member shall observe the Islamic code of conduct in dealing with each other and respect the authority of the BOD.

7.6.3. For any member or group found in violation of Islamic rules of behavior or disturbing the peace and harmony in the Mosque or insulting OM authorities, or abusing OM's assets, the BOD may take an appropriate disciplinary action against such individual or group, up to and including banning from OM.

7.6.4. Registered Members comprise the OB, and shall attend, whenever possible, all meetings of the OB.

7.6.5. Special Meetings may be called by no less than fifty percent (50%) of the total number of voting members for any legal purpose authorized under the Ohio Revised Code.

ARTICLE 8

8. Finances

8.1. The BOD shall review and pass the budget for OM annually. 8.2. The BOD members shall not receive salaries, remuneration, compensation, wages, or other

financial benefit, for their services to OM. 8.3. To avoid any conflict of interest, the BOD members shall not do business with or participate in

any competitive bidding to render any paid services to OM. 8.4. The BOD shall maintain a non-interest bearing account of OM at a bank in Columbus, Ohio.

This account shall be operated under the Treasurer and President's signatures. 8.5. Separate ledgers shall be maintained for separate categories of financial activities. 8.6. The BOD shall appoint a certified public accountant (CPA) to audit OM's accounts annually. 8.7. The BOD may accept on behalf of OM any property, whether real and/or personal, by way of

gift, bequest from any person, firm, trust, or corporation; such property is to be held, administered, and disposed of in accordance with and pursuant to the provisions of this document. However, no gift, bequest of any such property shall be received or accepted if it is conditioned or limited in such a manner as to require the disposition of the income or property for any purpose other than the purpose set forth in current constitution hereof, or in violation of any local, state and federal laws.

8.8. The BOD shall be authorized to obtain bids for, execute and award contracts. Any contract work estimated to cost over Ten Thousand Dollars ($10,000) shall require at least three bids. Acceptance of a particular bid may be based on many factors and shall lie within the sole discretion of the BOD.

8.9. All donations shall be made for the sake of Allah and shall be considered as a delivered gift, where it may not be claimed back or returned except by court order.

8.10. All assets that belong to OM or were collected under the name of OM or any of its running programs cannot be used for purposes other than the originally intended purpose unless at least seventy five percent (75%) of the OB approves another use in a meeting at which a majority of fifty percent plus one (50% +1) of the voting OM members are in attendance.

8.11. All real estate properties, when acquired, shall be utilized in a manner that will provide maximum benefit to Muslims. All acquisition, utilization, maintenance, and operation of these properties shall be determined by the BOD.

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ARTICLE 9 9. Dissolution orOM

9.1. A petition to dissolve the OM shall require the signature of at least fifty percent plus one (50% + 1) of GB members. Any such petition shall be firstly approved by all BOD members. Within eight (8) weeks of the petition submission date, the BOD shall call a GB meeting. Dissolution of OM shall require the attendance of at least eighty percent (80%) of the GB members, and a vote of at least 90% of such members attending. The BOD shall inform, and follow up with, NAIT at least thirty (30) days prior to the meeting.

9.2. If OM is dissolved by a court or government order, BOD shall immediately inform NAIT, and shall call a GB meeting within two (2) weeks, to inform the OM community.

9.3. Upon dissolution of OM, the BOD shall dispose of all assets of OM after paying, or making provisions for the payment of, all liabilities of OM. In order to keep all the remaining assets locally where the Members at large may benefit, the disposal of assets shall first be made to an approved local tax-exempt Islamic organization organized and operated exclusively for religious, charitable, and educational purpose.

ARTICLE 10

10. Amendments 10.1. Article two (2) of this constitution shall not be amended, under any circumstances, to affect

any change as to its substance. 10.2. This provisions of this Constitution shall not be amended unless absolutely necessary. In the

event an amendment is deemed necessary by the BOD, the BOD shall call a meeting of the voting members at which the proposed amendment shall be distributed and discussed. The voting members shall be given at least four (4) weeks to submit comments and concerns to the BOD, after which time the matter shall be submitted to the voting members for vote. No amendment can be approved except at a meeting wherein eight percent (80%) of the voting members are in attendance and ninety percent (90%) of those members attending approves the proposed amendment.

10.3. Any adopted amendment shall reference the proper Article number or sub-section. 10.4. If the solution to any problem is not available in the Constitution, and if a permanent change

in the Constitution as an amendment is not required, a rule may be adopted or passed by a simple majority vote of the GB, and business may be carried out as usual. Such rule may be adopted for a fixed period of time after which the rule shall be abolished automatically. The rule so adopted shall not be in conflict with the Constitution, particularly Article two (2).

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CERTIFICATION

Praise is to Allah, the Most Gracious, the Most Merciful. Oh Allah pardon us and forgive us ifwe have transgressed our duty, guide us to the straight path, the path of those on whom you have bestowed your Grace upon. Amen!

We, the appointed members of the Constitution Committee, attest, by our signatures appended below, and Allah is the greatest ofall witnesses, that this document, referred to as the prospective Constitution ofOM, which consists of ten (J 0) articles, is drafted under the guidelines of the Constitution in effect at the time ofthe drafting and which it is destined to replace, and is presented to the Board ofDirectors of OMfor its submission to the OM members/or a referendum.

The referendum shall be held under the guidelines of the Constitution in effect at the time ofthe drafting and, ifadopted, the seating BOD members, and the Election Committee members shall as well append their full names, signatures, along with the date of the referendum, on the original copy of the newly adopted Constitution.

Thus, anyone who willfully or knowingly or unknowingly or consciously or unconSCiously violates the adopted Constitution, such a person shall be responsible for his actions here and in the Hereafter.

Adopted on lO.. .l3.l.!2015

Signatures

Constitution Committee Board ofDirectors Constitution Voting Committee

~h . htJoh6--JJht>2-­H---+:I!~C)~-+- amma . n IS Basil Gohar ~ HJ l-u. L.Mohammed Iqbal

(/ Ehsan ia ' cez;tlo Mohammad Elnaki§hD

(11 m: Basil Gohar~. ~ Qusai Marashdeh Ahmed Ali Anas Abumunshar:-"'~~::: Noorgul Dada Ehsan Diab ' r .I Sofwan Chowdhury .........rr....'-L"" ~ Mounir Ayed ~ Brahim Moussaid f\--ttJ Sarah AI-Shareeda {J ~ ~

Shabib Luden

Mohammed Iqbal ~~*-L

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