Islamic Society of Annapolis
ISA By Law
Adopted on March 8, 2009
Article I Name and Location:
Article II: Description
Description ISA is a non-profit, religious, charitable, and educational institution. This corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code.
Article III: Purposes
Section I: Activities
- Hold congregational prayers and Islamic religious festivals and ceremonies at proper times.
- Promote closer ties, relations, unity, and cooperation among Muslims residing in the Washington Metropolitan, Baltimore and Annapolis area to achieve its goals and objectives within the law of the land.
- Promote friendly relations and understanding between Muslims and non-Muslims.
- Provide Islamic education to Muslim children and adults and seek cooperation and alliances with other Islamic schools in the area.
- Educate Muslims and non-Muslims about Islam through various projects, lectures, programs and activities.
- Promote services and activities for the betterment of the community.
Section II: Locations
Section III: Office
Article IV: Affiliation
Article V: Membership
Section I: Membership Type
- ISA shall have one type of membership: Regular Membership. This membership may be granted to any Muslim residing in the Anne Arundel/Prince George’s area.
- Each person wishing to be a member who meets the qualifications for membership shall notify the membership committee prior to the first election.
- Membership fees are yearly:
1. $100 per family: parents and children under 18 years of age (Such children will not have voting rights).
2. $50 per individual.
3. $25 per student 18 years or older with proper student identification.
- The Executive Committee has the right to waive the membership fees as it deems necessary.
- Holders of membership are entitled to vote, to nominate, to be elected, or selected to any elected post of ISA after they have completed six months of membership.
Section II: Requirements of Membership
- New applicants for membership must complete a membership application form.
- They must be an adult Muslim (18 y/o) who attend the ISA Congregational prayers and activities, and shows interest in participating in ISA.
- All applicants must be approved by the Executive Committee.
- Members must practice Islam according to the Holy Qur’an and the Sunnah (teachings and example) of the Prophet Mohammad (Peace be upon him).
- All members shall agree to abide by ISA Constitution.
Section IV: Withdrawal of Membership
Section III: Privileges
All members are entitled to ISA benefits.
Section V: Suspension of Membership
- The President may suspend the membership in any of the following occurrences with the recommendations of the Executive Committee.
1. Conviction of a member in a court of law for committing a criminal act.
2. A Public declaration contrary to the creed, purposes or objectives of ISA.
3. Consistent violations for the rules and regulations of a current ISA management.
4. Belonging to an organization that is outlawed in the US.
- The appeal of membership suspension: any suspended member has the right to appeal within 30 calendar days the Executive Committee. Its decision is final.
- If the improper behavior continues a proper action will be taken to remove the person from the premises.
Section VI: Elections and Voting Procedures
- The first election based on this constitution shall be conducted by the election committee, including but not limited to, setting election procedures, finalizing membership list, and screening nominees list. For future elections the Executive Committee shall appoint an election committee of three members to manage all issues related to elections including nomination of members.
- Members of the election committee shall execute the procedures of the election as set by the Executive Committee.
- Procedures of the election shall be posted on the bulletin boards.
- Nominees for the new Executive Committee must be practicing Muslims who are not known for committing major sins nor neglecting major obligations.
- The Executive Committee must validate the election results within two weeks after completion of election.
- Rejection of election outcome can only be for cause such as forgery.
- Members of the election committee must be known for their independence, neutrality, and trustworthiness.
Article VI: Executive Committee
Section III: Responsibilities
- At the first meeting following an election the Executive Committee shall elect from among themselves a President, Vice-President, Secretary and Treasurer.
- To hold regular meetings and to keep accurate minutes of the proceedings which shall be filed with the corporate records.
- To manage the daily affairs of the MLC/AM.
- To organize and supervise activities and programs to achieve the objectives of the corporation.
- To submit the annual budget and activity plan.
- To set up committees.
- To maintain all records of the corporation.
- To see that the seal of the corporation is affixed to all corporate documents in accordance with the provisions of these by-laws.
- To hire the Imam.
Section IV: Other Committees
Section VI. Duties of the Vice-President
Take over the duties of the President when the President is not available.
Section VIII: Duties of the Secretary
The Secretary shall be responsible for the following; the Secretary shall:
- Certify and keep at the principal office of the corporation the original, or a copy, of these Bylaws as amended or otherwise altered to date.
- Keep at the principal office of the corporation or at such other place as the board may determine, a book of minutes of all meetings of the Executive Committee recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting and the proceedings thereof.
- See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law.
- Be custodian of the records and of the seal of the corporation and affix the seal, as authorized by law or the provisions of these Bylaws, to duly executed documents of the corporation.
- Keep at the principal office of the corporation a membership book containing the name and address of each and any members, and, in the case where any membership has been terminated, he or she shall record such fact in the membership book together with the date on which such membership ceased.
- Exhibit at all reasonable times to any member of the Executive Committee, on request therefore, the Bylaws, the membership book and the minutes of the proceedings of the Trustees of the corporation.
- In general, perform all duties incident to the office of Secretary and such other duties as may be required by law, by the Articles of Incorporation or by these Bylaws or which may be assigned to him or her from time to time by the Executive Council.
Section X: Selection of the Executive Committee
The board members shall be elected at a meeting of the general body set up for the specific purpose of holding elections, following the guidelines in section VI elections and voting procedures.
Section V. Duties of the President
- Preside over all meetings.
- Represent ISA in all legal dealings.
Section VII: Duties of Treasurer
- Have charge and custody of, and be responsible for, all funds and securities of the corporation, and deposit all such funds in the name of the corporation in such banks, trust companies or other depositories as shall be selected by the Executive Committee.
- Receive, and give receipt for, monies due and payable to the corporation from any source whatsoever.
- Disburse, or cause to be disbursed, the funds of the corporation as may be directed by the Executive Committee, taking proper vouchers for such disbursements.
- Keep and maintain adequate and correct accounts of the corporation’s properties and business transactions, including accounts of its assets, liabilities, receipts, disbursements, gains and losses.
- Exhibit at all reasonable times the books of account and financial records to any member of the Executive Committee of the corporation.
- Render an account of any or all of his or her transactions as Treasurer and of the financial condition of the corporation and present it in a report to the Executive Committee each month at the monthly meeting.
- Prepare, or cause to be prepared, and certify, or cause to be certified, the financial statements to be included in any required reports.
Section IX: Term
Section XI: Vacancies
The Executive Committee will appoint a person to fill any vacancies.
Section XII: Representation
- The President shall have primary responsibility to represent MLC/ AM on daily matters.
- The President shall have primary responsibility to representing MLC/AM in official and legal meetings.
- The Imam shall have primary responsibility to represent MLC/AM in meetings concerning religious and Fiqh matters.
- The President may authorize the Imam to represent MLC/AM in any of the above situations.
Article VII. Imam
The Imam Shall be hired by the Executive Committee.
- Imam serves as the religious head of ISA.
- Supervise all religious and educational activities, such as Jumu’a Khutbas and Islamic study circles.
- Initiate and conduct educational programs for all segments of the community; men, women and youth.
- Provide Islamic supervision for the fulltime and part-time schools.
- Supervise Islamic ceremonies, conduct or arrange for marriage contracts, issue marriage certificates, and collect the proper fees for these services, which shall be turned over to the treasurer.
- In conjunction with the Executive Committee, he shall review all literature presented for approval before display or distribution in the Masjid.
- Conduct or arrange for the proper Janazah procedures for the deceased in accordance with the rules of Islamic Shari’ah.
- He shall attend all executive committee meetings, participating in all discussions but shall have no vote.
- He shall give a report of his activities to the Executive Committee each month.
- He shall consult with the Executive Committee to select the members of the Board of Religious affairs.
- Chair the meetings of the Board of Religious Affairs.
- He shall do other duties as are assigned to him by the Executive Council.
- While the Imam will be the head of religious affairs, should he wish to make a major change in the affairs of the mosque he must take it to the Executive Committee for their approval.
- The Imam shall serve for a term of 3 years.
- He must have a keen understanding in Islam.
- He must have fluency in English as well as Arabic.
- The Imam must have good leadership qualities, which would bring others to accomplish the goals of ISA.
- He must have a permanent residence status to stay in United States or a lawful citizen of this country.
- He must be a good role model to the community among adult and youth.
Article VII: The Board of Religious Affairs
- The Board of Religious Affairs is an advisory Board the purpose of which is to assist the Imam in performing the MLC/AM religious services.
- The Board of Religious Affairs shall be appointed by the Executive Committee in consultation with the Imam.
- This Board shall:
- Assist the ISA Imam in supervising all religious and educational activities.
- Assist the ISA Imam in conducting educational program for all segments of the community.
- Assist the ISA Imam in conducting marriage contracts, issuing marriage certificates.
- Assist the ISA Imam in reviewing all literature presented to the board for approval.
- Perform religious services and other tasks as per the direction of the ISA Imam.
Article VIII: The Board of Education
Section I: Duties of the Board of Education
The Board of Education shall be appointed by Executive Committee and Imam, and shall perform the following duties:
- Supervise and run the Islamic daily school.
- Maintain and develop a sound curriculum in Islamic studies, Arabic language and other sciences.
- Provide and employ well-qualified Muslim teachers and expose them to the Islamic and professional training.
- Invite speakers and Muslim scholars and hold lectures, seminars and discussion sessions on various aspects of education.
Report to Executive Committee directly.
Section II: Duties of the Chairman of the Board of Education
The Chairman of the Board of Education shall:
- Call, preside over and adjourn the Board of Education meetings.
- Oversee the operation of the Fulltime School.
- Advance the cause of education in ISA.
- Safeguard the interest of the Fulltime School.
Provide progress reports periodically to Executive Committee
Article IX: The General Assembly
Section I: Members
The General Assembly consists of all members of the ISA.
Section III: Responsibilities
- To make recommendations to the Executive Committee.
- To deliberate on an annual comprehensive report by the Executive Committee.
Simple Majority of all regular members shall constitute quorum in any legal meeting.
Section IV: Meeting
One-Third of the total ISA membership can call for a special meeting of the General Body.
Article X: Dispute Resolution
Section I: Fiqh Issues
Since the Imam is the primary authority on Fiqh issues he shall make decisions that relate to Fiqh and explain those decisions to the Executive Committee. However should there be a major dispute between the Imam and the Executive Committee, which can not be resolved amicable then it shall be referred to Islamic Society of North America (ISNA); Fiqh Council of North America, whose decision shall be binding.
Section II: Other disputes
All other major disputes, legal and otherwise, that are voted on and resolved by the Executive Committee, but are still disputed by a majority in the general body will be resolved by an Islamic arbitrator(s) agreed upon by both parties. The decision(s) of the arbitrator(s) will be final and binding to both parties.
Article XI: Fiscal Year
The fiscal year of the corporation shall begin on the first day of January and end on the last day of December each year.
Article XII: Amendments to By-Laws
These by-laws may be altered, amended or replaced and new by-laws may be adopted by two-third of the total number of the Executive Committee with consultation with the General Body members.
Article XIII: Nondiscrimination
The facilities and activities of the corporation shall be open to all interested persons without discrimination on the basis of race, color, sex, or national origin, provided that these persons subscribe to and uphold the objectives of the corporation and abide by the rules and regulations established by the management of the corporation.
Article XIV: Dissolution
Upon the dissolution or winding up of the corporation, its remaining assets remaining after payment or provision for payment, of all debts and liabilities of this corporation shall be.
Article XV: Execution of Instruments, Deposits and Funds
Section I: Execution of Instruments
The Executive Council, except as otherwise provided in these Bylaws, may by resolution authorize any officer or agent of the corporation to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.
Section III: Deposits
All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositories as the Executive Council may select.
Section V: Reserve Account:
The Executive Committee shall maintain a reserve account wherein the major cash of ISA is deposited.
Section II: Checks and Notes
Except as otherwise specifically determined by resolution of the Executive Committee, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money and other evidence of indebtedness of the corporation shall be signed by the assistant Director of the Executive Council and co-signed by another member of the Executive Council.
Section IV: New Accounts:
No new accounts can be opened by the Executive Council without a written permission from the Executive Committee.
Section VI: Gifts
The Executive Committee may accept on behalf of the corporation any contribution, gift, bequest or devise for the nonprofit purposes of this corporation.
Article XVI: Corporate Records, Reports and Seal
Section I: Maintenance of Corporate Records
The corporation shall keep at its principal office:
- Minutes of all meetings of the Executive Committee, indicating the time and place of holding such meetings, whether regular or special, and the names of those present and the proceedings thereof;
- Adequate and correct books and records of account, including accounts of its properties and business transactions and accounts of its assets, liabilities, receipts, disbursements, gains and losses;
- A record of its members, if any, indicating their names and addresses and, if applicable, the class of membership held by each member and the termination date of any membership.
- A copy of the corporation’s Articles of Incorporation and Bylaws as amended to date, which shall be open to inspection by the members, if any, of the corporation at all reasonable times during office hours.
Section IV: Periodic Report
The board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state or to the members, if any, of this corporation, to be so prepared and delivered within the time limits set by law.
Section II: Corporate Seal
The Executive Committee may adopt, use and at will alter, a corporate seal. Such seal shall be kept at the principal office of the corporation. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.
Section III: Members’ Inspection Rights
If this corporation has any members, then each and every member shall have the following inspection rights, for a purpose reasonably related to such person’s interest as a member:
- To inspect and copy the record of all members’ names, and voting rights, at reasonable times, upon written demand on the Secretary of the Executive Council, which demand shall state the purpose for which the inspection rights are requested.
- To inspect at any reasonable time the books, records or minutes of proceedings of the members or of the board or committees of the board, upon written demand on the Secretary of the Executive Council by the member, for a purpose reasonably related to such person’s interests as a member. Members shall have such other rights to inspect the books, records and properties of this corporation as may be required under the Articles of Incorporation, other provisions of these Bylaws and provisions of law.
Article XVII: IRC 501(c)(3) Tax Exemption Provisions
Limitations on Activities
No substantial part of the activities of this corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and this corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office. Notwithstanding any other provisions of these Bylaws, this corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.
Article XVIII: Construction and Terms
If there is any conflict between the provisions of these Bylaws and the Articles of Incorporation of this corporation, the provisions of the Articles of Incorporation shall govern. Should any of the provisions or portions of these Bylaws be held unenforceable or invalid for any reason, the remaining provisions and portions of these Bylaws shall be unaffected by such holding. All references in these Bylaws to the Articles of Incorporation shall be to the Articles of Incorporation, Articles of Organization, Certificate of Incorporation, and Organizational Charter, Corporate Charter or other founding document of this corporation filed with an office of this state and used to establish the legal existence of this corporation. All references in these Bylaws to a section or sections of the Internal Revenue Code shall be to such sections of the Internal Revenue Code of 1986 as amended from time to time, or to corresponding provisions of any future federal tax code.