All praise is surely due to Allah Most High and to Him alone. We praise Him, seek aid only from Him, seek guidance only from Him, and beg forgiveness only from Him. We seek refuge in Allah Most High from the evil within us and from the wrongdoing amongst our actions. Whoever Allah guides, none can lead astray and whomever He decrees to go astray, none can guide. We bear witness that there is no deity or any worthy object of any act of worship other than Allah and that Muhammad the son of Abdullah the Hashemiy, the Quraishiy is Allah's slave and final Messenger. O Allah, send your prayers and your salutations upon Muhammad, upon his family and upon all those who give their allegiance to him and take his way as their way until the Judgment Day. Amin.
This document defines the founding principles and organizational structure of Squaw Valley Islamic Settlement (hereinafter referred to as SVIS). SVIS is an Islamic religious organization registered as a California Non-Profit Religious Corporation. The organizational structure defined in this document is derived from Islamic principles and teachings and is thus canonical.
Terminology
“Amir”, “Imam” and CEO shall be regarded as synonymous and
interchangeable. “Majlis” refers
to the Board or Governing Board of SVIS whose precise qualifications, duties
and authority is defined herein. “Masjid”
means mosque and refers to the place of worship established by SVIS in at
A. SVIS is founded on the principle that authority within the organization belongs entirely to those highest in knowledge and practice of Islam.
B. SVIS is a non-membership religious corporation and all decision making authority is vested in its Amir (CEO) and Board (Majlis) as laid out herein.
C. SVIS is an Islamic religious non-profit organization that was founded by and for Sunni Muslims who follow the beliefs and practices of the salaf (the righteous first generations of Muslims) - those who reject all forms of bid'a (innovation) in the religion.
D. The sole governing canon of the organization is the Qur'an (the Divine Message sent to the Prophet Muhammad (sas)), the Sunnah (authenticated reports of the statements, actions and implicit acceptances of the Prophet Muhammad (sas)) and the shari'a (Islamic law) as formulated by those Muslims who follow the way of the Prophet (sas) and his Companions, may Allah be pleased with them all. This constitution is based on those sources and spells out some specific issues of implementation based on but not necessarily specifically found in those sources or in which there is a multiplicity of opinions.
E. NOTE: Authenticated hadith as used herein refers to all those narrations of the actions, statements and implicit approvals of the Prophet Muhammad (sas) that have been classified as sahih or hassan by the scholars of hadith. All such hadith are binding on Muslims to both believe any information contained therein and obey any rulings therein except where such ruling has been abrogated or restricted by a subsequent authenticated hadith or Qur'anic verse.
F.
This entire article (Article I)
represents a fundamental religious principle in the founding of SVIS and cannot
be changed under any circumstances.
Article II.
OBJECTIVES OF SVIS
SVIS is dedicated to the following objectives:
A. To adhere to the pure Islamic doctrine and practice of Ahlus-Sunnah wa al-Jamaa, i.e., that of the sahaba (the Companions of the Prophet (sas)) and the salaf (the first few generations of Muslims), placing the Qur'an, the Sunnah and the other sources of shari'a above all other sources of direction. SVIS is absolutely opposed to all bid'a (innovation) in Islam.
B. To disseminate correct knowledge of Islam and to help Muslims in the area practice the religion of Islam as it relates to all areas of life. SVIS should strive to always have a variety of educational programs available for old and young alike.
C. To provide needed services to those who frequent the masjid and participate in SVIS activities as well as other Muslims in the area as practical in areas such as marriage, divorce, inheritance, dispute resolution, funerals, etc.
D.
To provide all normal ritual functions of
a masjid (mosque) including the five
daily prayers, Jumu'a (Friday) prayer
and the two 'Eid (the days of Fitr at the end of Ramadhan and Adh-haa which coincides with the Pilgrimage to
E.
To do all that is possible to aid Muslims
in living their life according to the shari'a
of Islam. This includes research and development of contracts, agreements and
other legal devices to achieve the required result. Some of the most urgent
areas in which this must be done are marriage, divorce, child custody,
inheritance, etc.
Article III. MEMBERSHIP
A. SVIS does not have members. Although there will be participants in and beneficiaries of SVIS programs, for the purpose of these by-laws, SVIS is a non-member corporation.
Article IV. THE IMAM (also called ‘AMIR’)
A. Qualifications:
1. Must have gone through Islamic training either formal or otherwise such that they are capable in the terminology and reference books of the basic Islamic sciences in their original Arabic.
2. Male.
3. Native or long-time resident of this country.
4. Must be resident at the SVIS location.
5. Knowledge and practice of the obligations and prohibitions of Islam.
6. Personal conduct appropriate to this position.
7. Approved by the Majlis (as laid out in IV.F below).
B. If not found: If the above qualifications cannot be fully satisfied, then an Imam will be chosen from among those available who comes closest to the above qualifications. The residency requirement cannot be compromised.
C. Responsibilities:
1. Accountable to the Majlis (Board): The Imam must work strictly within the guidelines, policies and priorities defined by the Majlis. He must consult them on any and all important decisions. The Majlis should always be represented at the Imam’s consultative meetings. Their working relationship is described more fully in the following section.
2. Leading Prayer: Normally, the Imam of SVIS should be the one who leads the prayer at the SVIS masjid (mosque) and this is an important factor in how the Imam is selected. He has the option of appointing someone else to this responsibility if he feels he is not the most qualified.
3. Official Spokesman: The Imam of SVIS is the official representative and spokesman for SVIS in all interaction with other groups, individuals or the media. ONLY the Imam or his representative may represent SVIS in any context.
4. Financial Responsibility: The Imam of SVIS or his appointee shall have responsibility for the financial and maintenance affairs of SVIS. He must ensure that bills are paid in a timely manner, that cash donations are received and counted, that all incoming funds are deposited in the SVIS bank account, that all significant expenditures are done by check, that accurate records are kept of all income and expenditure and that donations dedicated to a particular project or cause are properly utilized.
5. Reporting: A regular report (not less than monthly if significant activity is taking place) detailing all income and expenditure must be produced and made available to the Majlis and posted where participants can view it..
6. Delegation: The Imam will delegate responsibilities over the various areas of administration and Islamic activity. These appointments must be based strictly on the individuals' qualifications for the post. The Prophet (sas) said: "Whoever appoints someone over some responsibility when someone else more pleasing to Allah was available has committed treason against Allah and His Prophet (sas)!!" As much as possible, this should be a delegation of authority within clearly stated policy parameters and not a situation where every detail is micromanaged by the Imam. Nevertheless, whatever the arrangement, no appointee can overrule the Imam once he takes a decision in his or her area of work. The Imam is free to form short-term or permanent committees for specific purposes which are in line with the organization’s objectives as he sees fit.
7. Decision Making: The Imam will make all decisions necessary for the day-to-day running of the organization. These decisions must conform to the guidelines, policies and priorities established by the Majlis (for the precise relationship between the Imam and the Majlis, see the following section). They must also be consistent with the policies established by the Imam himself in his consultative meetings, which have not been abrogated or modified by a subsequent decision. The Imam may have to make on the spot decisions outside of any regular meeting, but such decisions cannot be in conflict with general decisions and policies mentioned above. Any critical and irreversible decisions such as major property transactions, the acquisition, sale or destruction of property, launching of major projects, or highly visible public activities must be reviewed and approved by the Majlis before they are executed. The creation of additional by-laws for the organization (which may not in any case conflict with anything herein) falls under this last category of decision-making.
8.
Consultation:
All decisions must be made in a consultative meeting that was announced to the
Majlis and in the masjid at least one week in advance. All such meetings
must be held in the SVIS Masjid
(mosque) at
D. Term of Office: The Imam remains in his position unless he resigns, moves away or is removed.
E. Removal of the Imam: The Imam should be removed from office only if he becomes Islamically unacceptable for the position. This includes: 1) proven and unrepentant commission of major sins, 2) dereliction of his duties as Imam, 3) irresponsible behavior in relation to the Shari'a of Islam, or 4) proven commission of any of 'those which abrogate Islam (nawaaqidh al-islam) or continued support for or a refusal to condemn anyone engaged in them (see Appendix A). Removal of the Imam is the responsibility of the Majlis and must be according to the above principles. Any complaints must be fully investigated and dealt with.
F. Replacing a Departed Imam:
1. Ahd (nomination of successor): If an Imam leaves office through other than being removed, he may nominate his successor. This nomination will be put to the Majlis for their approval based on the qualifications of the Imam (see Section IV.A). After this, approval of those who frequent the masjid and participate in its activities will be sought. A meeting for this purpose will be announced publicly no less than one week in advance. If 50% or more of those present approve of him he will assume the position. If not, the process of selection described below must be followed.
2.
Selection:
If SVIS finds itself without an Imam and no Ahd has been made, the
following procedure will be used: The Majlis will advise all those who frequent
the masjid and participate in its activities of the situation and give
them no less than one week to make nominations. The Majlis will approve all
those qualified for the position among the nominees based on the qualifications
in Section IV.A. A meeting will be held which was announced publicly at least
one week in advance. If there is more than one nominee, those present who
regularly frequent the masjid and participate in its activities will
vote on their choice. If there are more than two nominees and none received 50%
or more of the vote, there will be a run-off vote between the two who have
received the most votes in the prior process. Due to the seriousness of being
without an imam, the Majlis must complete the process of selection/approval as
quickly as possible, under no circumstances to exceed 60 days. The Majlis will
be responsible for the day-to-day business of SVIS until the new Imam has been
selected.
Article V.
THE MAJLIS (BOARD)
The Majlis, when unanimous, is the highest and final authority
within the organization. The charter of the Majlis is to seek out Allah's
ruling, exploiting all of the sources of the Shari'a, in all affairs affecting
the life and functioning of SVIS and those who frequent the masjid and participate in SVIS
activities. This goes beyond simply pointing out the clear issues of halal and
haram and includes giving guidance to SVIS, its Imam and others as to the aslah
(most beneficial) or most correct course of action in all issues based on the
Islamic jurisprudential principal of minimizing harm and maximizing benefit..
The Majlis is the instrument by which SVIS seeks to put Allah's rulings
uppermost and to make the light of Islam a guide for the community individually
and collectively. Although the Majlis has the potential of overruling the Imam
under certain circumstances, it is fundamentally different from the "board
of directors" or "board of trustees" common to many organizations.
Differences in qualifications and method of selection are self-evident.
Furthermore, the Majlis may only overrule the Imam with the following
requirements:
1. The action or priority to which they are calling is an Islamic issue and not one of strictly personal opinion. It must be derived from the sources of Shari'a and supported with evidence.
2. They must be unanimous in their advocacy of the proposed action or priority.
A. Members:
1. Number of Members: The Majlis will consist of Full members and trainees. The total number must never be less than three members (at least two of which are full members). If the Imam is on the Majlis, there must be at least two Full members beside him. All regular participants of SVIS who are qualified and willing should be on the Majlis. If the Majlis becomes larger than practical and/or necessary, less qualified members should resign or become inactive. Trainees should attend the meetings of the Majlis as well as undertake a regular course of study in all of the basic Islamic sciences. The Majlis will hold regular meetings, chaired by the Imam if he is on the Majlis or otherwise one chosen from among them. Majlis meetings shall be open, except in cases where the subject of discussion must be kept confidential to protect personal privacy. These meetings will be announced one week in advance.
2.
Qualifications
Full Members of the Majlis must be:
a) In agreement and support of the founding principals and objectives of SVIS.
b) Natives or long-term residents of this country to the extent that they are familiar with its people, language, culture and usages. Individuals qualified in Islamic law, but lacking this qualification can be added as associate members but not as full members.
c) Must have gone through Islamic training either formal or otherwise such that they are capable in the terminology and reference books of the basic Islamic sciences in their original Arabic.
d) Well enough known to some participants of SVIS that the above can accurately determined.
e) Appointed by the Imam. Note: It is the duty of the Imam to appoint all qualified persons or explain Islamic reasons for not doing so.
f) Approved by all other full members of the Majlis. Note: It is their duty to approve all qualified individuals or explain valid Islamic reasons for not doing so.
3. Trainee Members of the Majlis must be:
a) In agreement and support of the founding principals and objectives of SVIS.
b) Willing to pursue a course of study in Islamic shari’a (law) and related subjects.
4. If not found: If qualified individuals cannot be found to serve on the Majlis, the Majlis must be filled to its minimum required number as quickly as possible. Appointing members who reside in other geographical locations will be the means to accomplish this. Under no circumstances can a less-qualified individual be appointed before attempting to appoint a more-qualified individual and distant individuals cannot be given preference over equally-qualified residents. If fully qualified individuals become available, all such less-than-fully-qualified members will immediately become trainee members. The Majlis will retain its full responsibilities and authority regardless of the number of members.
B. Duties of the Majlis:
1. Answering Islamic Questions (Legal Decisions): As needed or requested by both the leadership and the participants.
2. Long-range policy and prioritization: The Majlis will formulate and publish the long range policies and priorities of SVIS based on sound Islamic analysis of the situation and the organization’s Islamic objectives.
3. Overseeing the Imam and the decisions of his consultations: presenting any needed input from the Shari'a angle (for the precise relationship between the Imam and the Majlis, see Section V.C).
4. Enjoining right and forbidding wrong: both inside and outside the community.
5. Qadhaa (Judgments): the Majlis must handle any cases requiring a qadhaa (Islamic ruling) decision brought to them by anyone among those who frequent the masjid and participate in SVIS activities. When a case is brought to a single Majlis member that member will consult with the remaining members in order to arrive at the best possible answer. It is the duty of the Majlis to come up with answers to all such cases, and to seek outside help if needed.
6. Madhaalim (Undoing Wrongs): anyone who feels that any official of SVIS has treated them unfairly can lodge a complaint with the Majlis. These complaints must be investigated fully and fairly and the appropriate action taken.
7. Documentation: The Majlis must keep accurate documentation of all of its decisions, verdicts and actions. Systems must be devised for guaranteeing the security of sensitive material such as personal cases in which decisions were sought. Efforts must be made toward publishing any work of the Majlis that is of interest to the Muslims at large.
C. Relationship of the Majlis to the Imam:
1. If the Imam is qualified to be a member of the Majlis, he can and should be a member of it. In such a case, the consensus that can overrule the Imam as discussed below means all members of the Majlis other than the Imam himself.
2. If the Majlis decides unanimously that a course of action or a policy must be changed or removed, or that something not being done must be done - based on Islamic Law and analysis of Islamic priorities - the Imam will have no further choice in the matter. Only full Majlis members' opinions are counted in this regard. If they disagree among themselves, the Imam can choose what he believes most beneficial and correct among their opinions based on the evidence presented or demand that they seek outside consultation and try to arrive at a unanimous decision.
3. The Majlis shall at all times have complete and full real-time access to all keys, files, documents and all other items pertaining to the business of SVIS. In case SVIS is without an Imam for any reason, the Majlis shall immediately assume responsibility for the running of SVIS until a new Imam can be appointed (as explained elsewhere).
4. Outside Consultation:
a) The Majlis may seek outside consultation from scholars outside the community as needed.
b) These outside opinions are not counted as a vote and cannot break the consensus of the Majlis.
D. Appointment of Majlis Members:
1. The Imam will nominate Majlis members whenever the above-mentioned qualifications are found.
2. Each new member must be approved by all current full members of the Majlis. Refusal to approve must be accompanied by reasons.
3. Majlis membership is permanent unless said member resigns or is removed.
E. Removal of Majlis Members:
1. Majlis members can only be removed if they are found to be Islamically unacceptable for the position. Personal dislike on the part of those who frequent the masjid and participate in SVIS activities, the Muslims at large and/or the Imam is not relevant to this process.
2. Criteria for removal are: proven and unrepentant commission of major sins; proven commission of any of 'those which abrogate Islam' (nawaaqidh al-islam) or continued support for or a refusal to condemn anyone engaged in them (see Appendix A); reckless and incorrect fatwas (legal decisions), judgments or teachings outside the pale of what can possibly be derived from the sources or in contradiction to an unambiguous daleel (evidence) from the sources; engaging in or approving of bid’a (innovation) in Islam or deviation from the aqidah (theology, beliefs) of the Prophet (sas), his Companions and the righteous first generations (as-salaf as-salih).
3.
Anyone can raise a complaint and the Imam
and the other members of the Majlis will make final determination in a special
Consultative Meeting in accordance with the above-mentioned criteria.
Article VI. PERMANENCE OF THIS CONSTITUTION
A. The following sections can only be changed or modified by a 100% agreement of the Imam and the Majlis and broad acceptance among those who frequent the masjid and participate in its activities.:
1. Objectives of SVIS (Article II)
2. Duties of the Majlis
3. Relationship of the Majlis to the Imam
B. If any part of these by-laws except Article I (including the above-mentioned sections) is found to be unacceptable according to the universally recognized sources of Islamic Law, the issue must be investigated by the Majlis. To make the required change, the Majlis must present its proof from the Islamic sources that a change is required and that the proposed change is in harmony with the dictates of the Qur'an and the Sunnah. The Imam will have final approval of these changes after determining that proper procedures have been followed.
APPENDIX A: THOSE WHICH ABROGATE ISLAM
1. Associating anyone in any act of worship with Allah.
2. Belief that anyone after the Prophet (SAS) delivered teachings from Allah other than or in addition to those transmitted by the Prophet (SAS).
3. Acceptance of any belief, teaching or law from any source, which is contradicted by the message of the Prophet (SAS) as embodied in the Qur'an and the authenticated Sunnah.
4. Belief that it is lawful to believe in or follow anything found in the existing remnants of revelations previous to the Prophet (SAS) when such is not explicitly confirmed in the message of the Prophet (SAS).
5. Belief in any intermediary between oneself and Allah of whom one beseeches favor, help or intercession, or condones such beseeching, where what is being sought is an act of Allah, and not an act of the one being asked.
6. Refusal to call the mushrikeen (i.e., those who direct any acts of worship to others along with or instead of Allah, including the Christians and the Jews) disbelievers or doubts about their disbelief or acceptance of their beliefs and ways as correct or acceptable in matters of religion.
7. Belief that the guidance, program, laws, etc. of any other than the Prophet (SAS) is more complete than the guidance of the Prophet (SAS) or that the ruling of such in any issue is better than the ruling of the Shari'a.
8. Hating anything of that which the Prophet (SAS) delivered to us -- even if practicing it.
9. Mocking, belittling or rejecting any aspect of the teaching of the Prophet (SAS) or Allah's rewards or His punishments.
10. Practice or acceptance of any form of witchcraft or fortune telling.
11. Aiding the disbelievers over the Muslims openly or secretly.
12. Belief that any human being is able to transcend the Shari'a brought by the Prophet (SAS) or is not required to follow any or all of its rulings.
13. Turning away from the Din of the Prophet (SAS), neither learning about it nor practicing it.