MASJID _______

PROPOSED CONSTITUTION

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 whoever He decrees to go astray, none can guide. We bear witness that there is no deity 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 Judgement Day. Amin.

FOUNDING PRINCIPLES
1. Masjid _______ is founded on the principle that authority within the organization belongs entirely to those highest in knowledge and practice of Islam.
2. Membership in Masjid _______ is limited to Sunni Muslims who support, believe in and practice said founding principles and governing canon as explained in this Constitution.
3. Masjid _______ 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 the Ummah) - those who reject all forms of bid'a (innovation) in the religion.
4. The only governing canon of the organization is the Qur'an (the Divine Mesage sent to the Prophet Muhammas (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.
5. NOTE: Authenticated hadith as used herein refers to all those narrations of the actions, statements and implicit approvals of the Prophet Muhammad (sas) which 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 and rulings therein except where such ruling has been abrogated or restricted by a subsequent authenticated hadith or Qur'anic verse.
6. This article (Article I) represents a fundamental religious principle in the founding of Masjid _______ and cannot be changed under any circumstances.
OBJECTIVES OF MASJID _______
Masjid _______ is dedicated to the following objectives:
1. To adhere to the pure Islamic doctrine and practice of Ahlus-Sunnah wa al-Jamaa, i.e., that of the Sahaba (the Companions) 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. Masjid _______ is absolutely opposed to all bid'a (innovation) in Islam.
2. To disseminate correct knowledge of Islam in the _______ area and to help Muslims in the area practice the religion of Islam as it relates to all areas of life. Masjid _______ should strive to always have a variety of educational programs available for old and young alike.
3. To provide needed services to Muslims of the _______ area such as marriages, divorces, inheritance, dispute resolution, funerals, etc.
4. To provide all normal ritual functions of a masjid including the five daily prayers, Jumu'a prayer and the two 'Eid prayers.
5. 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 Islamic result. Some of the most urgent areas in which this must be done are marriage, divorce, child custody, inheritance, etc.
MEMBERSHIP
1. Definition of Membership
2. Membership represents a commitment from the individual to practice Islam generally and to support Masjid _______ specifically. Any Muslim in the area may potentially benefit from this organization by having a place to pray, a place to go for information or rulings from Islam and other benefits. All Muslims are invited and welcome to participate in activities of Masjid _______ as long as their behavior on the premises is in accordance to the Islamic principles laid out in this Constitution. The actual Members of Masjid _______, those who have a voice in its decisions and direction are NOT the Muslims at large, nor would this be appropriate under Islamic Law. The Members of Masjid _______ are those Muslims who have made a higher level of commitment to practicing Islam and to supporting Masjid _______ as defined herein.
3. Requirements
  1. Committed and practicing Sunni Muslim: as defined in the previous section who is free from all of 'Those Which Abrogate Islam' as defined in Appendix A.
  2. Geographical Location: To qualify for Membership, the individual must reside in _______ County.
  3. Commitment and obedience to the Imam in what is right: Membership in Masjid _______ is deemed an Islamic commitment to support the Masjid and its Imam in all that is correct according to the Qur'an, Sunnah and Shari'a.
  4. Membership Form: To qualify for membership, a membership form must be filled out which, at minimum, will contain references to the following requirements:
  5. 1. Individual meets all requirements for membership defined in the Constitution of Masjid _______.
    2. Member pledges to obey the Imam to the extent of their ability in all that is lawful in Islam and reasonable.
    3. Member pledges that they are not involved in any of the major sins and that they understand that commission of same nullifies their membership instantly. Such actions include, but are not limited to the following:
      1. Zina (adultery/fornication): Commission of sexual acts in a manner prohibited by Islam.
      2. Al-Muskiraat, Al-Mukhaddiraat wa Al-Mufattiraat (intoxicants, opiates and other drugs): Any involvement in the use, purchase, sale or transportation of such substances. These substances include alcohol, marijuana, cocaine, etc.
      3. Other prohibited substances: Any other products prohibited by Islam such as pork products are treated the same as involvement in alcohol or drugs described above.
      4. Riba: Any direct dealing in interest, whether paying or receiving, disqualifies one from membership.
      5. Exposing one's nakedness: Exposing one's nakedness ('awra), as defined in the Shari'a, in public or in front of those not defined in the Shari'a as mahaarim habitually is a major sin and disqualifies one from Membership.
      6. Condoning major sins: Accepting and condoning major sins on the part of those under ones custodianship such as wives and dependent children is in itself a major sin.
  6. Zakat: All Members must pay Zakat-ul-Maal every year if it is due upon them. Masjid _______ will provide guidelines and instructions for calculating the zakat due every Muharram. Members who have zakat due will either submit their zakat to the Masjid for distribution or indicate that they have paid it elsewhere.
  7. Regular participation in the activities of Masjid _______ which are aimed at the fulfillment of the goals and the provision of the services described above. This includes jamaa and jumua prayers, teaching or attending classes held in the masjid, da'wa activities, etc.
  8. Agreement to solve disputes according to the Shari'a: Any dispute within Masjid _______ must be solved according to Islamic Shari'a. To this end, the Membership Application which the applicant signs must contain the following language:
  "I do hereby agree, as a condition for submitting this Membership Application, to indemnify and hold harmless Masjid _______ and any and all officials or agents thereof against any claim, liability, loss, damages or expenses of any nature whatsoever which I sustain at any time by reason of any actions taken or not taken in good faith by Masjid _______ or any of its officers or agents.
  
  As a condition of membership, I agree to submit any and all claims, disputes and controversies arising between me and Masjid _______ or any of its members in relation to Masjid _______, to a final and binding resolution by an arbitration panel composed of three members who adhere to the beliefs of Ahlu as-sunnah wa al-jama'a and who are trained and qualified to deliver verdicts according to Islamic Law (Shari'a), one of these three to be selected by each side to the dispute and the third to be selected by those two. Such selections can be challenged based on insufficient qualifications and this process will continue until three qualified arbitrators are found. These arbitrators are bound to deliver their judgment based solely on Islamic Law (Shari'a) and such judgment must be accompanied by supporting evidence and jurisprudential reasoning. I agree that the decision of such arbitration panel shall be final and binding upon all parties and I waive any and all rights to resort to litigation in any court or forum with respect to such claims, disputes or controversies, except as provided in California Code of Civil Procedure Sections 1280, et.seq."
4. Rights and Privileges
  1. All Members will have the right to attend all consultative meetings of the Imam (see Section ______)
  2. All Members will have the right to attend all meetings of the Shari'a Council which pertain to the general business of Masjid _______ (not which pertain to the solving of marital or personal disputes, etc.)
  3. All Members will have a voice in the ratification of a new Imam (see Section _________).
  4. Any member will, upon request and not later than one week from the request, be given access to the complete and up-to-date records of the finances and other affairs of the organization including all supporting documentation such as bank statements and canceled checks and all other records pertaining to membership, decisions taken by the Imam or Shari'a Council and any other aspect of the running of the Masjid for review. It is the responsibility of the Imam to assure that this policy is complied with and within the stated time limit.
  5. All Members will have fair and equal access to all public facilities and services offered by Masjid _______.
THE IMAM:
1. 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. Must be or become a member of Masjid _______.
  3. Male.
  4. Native or long-time resident of this country.
  5. Fluent in both Arabic and English.
  6. Knowledge and practice of the obligations and prohibitions of Islam.
  7. Personal conduct exemplifying the qualities of Taqwa (piety).
  8. Approved by the Shari'a Council (as laid out in _____ and _____ below).
  9. Ratified by a majority of the Members present at a duly announced meeting for that purpose held at Masjid _______.
  NOTE: When this approval process is undertaken it is the responsibility of each and every member to carefully consider the best interests of Islam and Masjid _______ and to make an informed decision as an individual. Since an uninformed voice can do more harm than good, anyone who has not made such preparation should abstain from participation in the process. Proxy voting, wherein one member delegates his vote to another will not be allowed.
2. 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. Under no circumstances can a less-qualified individual be considered for the post before a relatively more-qualified candidate.
3. Responsibilities:
  1. Official Spokesman: The Imam of Masjid _______ is the official representative and spokesman for Masjid _______ in all interaction with other groups, individuals or the media.
  2. Financial Responsibility: The Imam of Masjid _______ or his appointee shall have responsibility for the financial and maintenance affairs of Masjid _______. He must ensure that bills are paid in a timely manner, that cash donations are received and counted publicly in front of several witnesses, that all incoming funds are deposited in the Masjid 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 beneficiary or cause are properly delivered. No new bank accounts may be opened unless approved by the Shari'a Council. The Council may impose a maximum on all expenditure above which prior Council approval will be required. The Council shall at all times have complete and unrestricted access to all files, documentation and any other items relevant to the finances and all other affairs of Masjid _______.
  3. Reporting: A monthly report detailing all income and expenditure must be produced and made available to the Shari'a Council and the Members at large.
  4. Delegation: The Imam will delegate responsibilities to committees of Members of Masjid _______ over the various areas of administration and Islamic activity. These appointments must be based strictly on the individuals' qualifications for the post and not on relationships of blood, friendship, nationality or anything else. 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 their area of work. These committees should include committees for: Education, Zakat, Social, Da'wa, Women, Properties and Maintenance and Finance. The Imam is free to form other short-term or permanent committees for specific purposes as he sees fit.
  5. Decision Making: The Imam will make all decisions necessary for the day-to-day running of the organization. These decisions must be within the guidelines, policies and priorities established by the Shari'a Council (for the precise relationship between the Imam and the Council, see 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 Shari'a Council before they are executed.
  6. Consultation: All decisions must be made in a consultative meeting which was announced to the Members at least one week in advance. All such meetings must be held in the Masjid at ___________________. These meetings will be open to all Members, and will be chaired by the Imam. The Imam should request the constant attendance of a minimum number needed for consultation, while attendance remains optional for the remaining Members. The Imam's consultative meetings are to be held on an as-needed basis, but not less than once a month. Attendance and an accurate record of all decisions taken must be recorded in writing at all consultative meetings of the Imam and kept in the records of Masjid _______.
4. Term of Office: The Imam remains in his position unless he resigns, moves away or is removed.
5. Removal of the Imam: The Imam should be removed from office only if he becomes Islamically unacceptable for the position. This includes: 1) extreme dislike with Islamic reasons by two thirds of the Members for him, 2) proven and unrepentant commission of major sins, 3) dereliction of his duties as Imam, 4) irresponsible behavior in relation to the Shari'a of Islam, or 5) 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 Shari'a Council and must be according to the above principles. Any complaints from the Members must be fully investigated and dealt with. If there is an allegation of broad dislike for the Imam among the Members, a polling process must be instituted to determine if two-thirds of them feel that way and for valid Islamic reasons. If they do, he must be removed.
6. 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 Shari'a Council for their approval based on the qualifications of the Imam (see Section _____). After this, approval of the Members 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 Members present approve of him he will assume the position. If not, the process of selection described below must be followed.
  2. Selection: If Masjid _______ finds itself without an Imam and no Ahd has been made, the following procedure will be used: The Shari'a Council will advise all Members of the situation and give them no less than one week to make nominations. The Shari'a Council will approve all those qualified for the position among the nominees based on the qualifications in Section ____. A meeting will be held which was announced publicly at least one week in advance. All Members in attendance will be requested to vote for the candidate who they feel is most qualified and beneficial to Masjid _______. If there are more than two nominees, 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 Council must complete the process of selection/approval as quickly as possible, under no circumstances to exceed 60 days. The Council will be responsible for the day to day business of Masjid _______ until the new Imam has been selected.
THE SHARI'A COUNCIL:
The Shari'a Council is the highest and final authority within the organization. The charter of the Shari'a Council 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 Masjid _______ and its Members. This goes beyond simply pointing the clear issues of halal and haram and includes giving guidance to Masjid _______ as to the aslah (most beneficial) or most correct course of action in all issues. The Council is the instrument by which Masjid _______ seeks to put Allah's rulings uppermost and to make the light of Islam a guide for the community individually and collectively. Although the Council has the potential of overriding the Imam under certain circumstances, it is fundamentally different from the "board of directors" or "board of trustees" common to many Islamic organizations. Differences in qualifications and method of selection are self-evident. Furthermore, the Council has no authority other than advice except with the following requirements:
1. The action or priority to which they are calling is an Islamic issue and not one of 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.
1. Members:
  1. Number of Members: The Shari'a Council 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 not a member of the Council or four Full members (at least two of which other than the Imam are full members) if he is. All members of Masjid _______ who are qualified and willing should be on the Council. Trainees must attend the meetings of the Council as well as undertake a regular course of study in all of the basic Islamic sciences. The Council will hold regular meetings, chaired by one chosen from among them. Council meetings shall be open to all Members of Masjid _______, except in cases where the subject of discussion must be kept confidential. These meetings will be announced one week in advance.
  2. Qualifications
    Full Members of the Shari'a Council must be:
    1. Members of Masjid _______.
    2. Competent in both Arabic and English.
    3. 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 will be encouraged to take part in the meetings and discussions of the Council, but will not be counted in determining the consensus or lack thereof of the Council.
    4. 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.
    5. Well enough known to some Members of Masjid _______ that the above can accurately determined.
    6. 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.
    7. Approved by all other full members of the Council. Note: It is their duty to approve all qualified individuals or explain valid Islamic reasons for not doing so.
  3. Trainee Members of the Shari'a Council must be:
    1. Members of Masjid _______
    2. Willing to pursue a rigorous (as their schedule permits) course of study toward eventually becoming full members of the Council.
  4. If not found: If qualified individuals cannot be found to serve on the Council, the Council must be filled to its minimum required number. This will be done either by appointing members who reside in other geographical locations or by appointing those closest to being qualified among the members. Under no circumstances can a less-qualified individual be appointed before attempting to appoint a more-qualified individual. If fully qualified individuals become available, all such less-than-fully-qualified members will immediately become trainee members.
2. Duties of the Shari'a Council:
  1. Fatwa (Legal Decisions): As needed or requested by both the leadership and the membership of the community.
  2. Long-range policy and prioritization: The Council will formulate and publish the long range policies and priorities of Masjid _______ based on sound Islamic analysis of the situation and the Islamic Maslaha.
  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 Council, see Section ______).
  4. Enjoining right and forbidding wrong: both inside and outside the community.
  5. Qadhaa (Judgments): Any cases requiring a qadhaa decision must be handled by the Council. When a case is brought to a single Council member that member will consult with the remaining members in order to arrive at the best possible answer. It is the duty of the Council to come up with answers to all such cases, and to seek outside help if needed. Further, it is the duty of all Members of Masjid _______ to make the Council their first recourse for such needs.
  6. Madhaalim (Undoing Wrongs): Anyone who feels they have been treated unfairly by any official of Masjid _______ can lodge a complaint with the Council. These complaints must be investigated fully and fairly and the appropriate action taken.
  7. Documentation: The Council 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 Council which is of interest to the Muslims at large.
3. Relationship of the Council to the Imam:
  1. If the Imam is qualified to be a member of the Shari'a Council, he can and should be a member of it. In such a case, the consensus of the Council which is discussed below means all members of the Council other than the Imam himself.
  2. If the Council 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 - the Imam will have no further choice in the matter. Only full Council 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 Council 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 Masjid _______. In case Masjid _______ is without an Imam for any reason, the Council shall immediately assume responsibility for the running of the Masjid until a new Imam can be appointed (as explained elsewhere).
  4. Outside Consultation:
    1. The Council may seek outside consultation from scholars outside the community as needed.
    2. These outside opinions are not counted as a vote and cannot break the consensus of the Council.
4. Appointment of Council Members:
  1. The Imam will nominate Council members whenever the above-mentioned qualifications are found (see Section _______.).
  2. Each new member must be approved by all current full members of the Council. Refusal to approve must be accompanied by reasons.
5. Removal of Council Members:
  1. Council members can only be removed if they are found to be Islamically unacceptable for the position. Personal dislike of the Members, the Muslims at large and/or the Imam are 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, judgements or teachings outside the pale of what can possibly be derived from the sources or in contradiction to an unambiguous daleel from the sources; or deviation from the aqidah of the Prophet (sas), his companions and the righteous first generations (As-Salaf As-Salih). The termination of Membership in Masjid _______ for whatever reason would also preclude a member's continued functioning on the Council.
  3. Anyone can raise a complaint and final determination will be made by the Imam and the other members of the Council in a special Consultative Meeting in accordance with the above-mentioned criteria.
PERMANENCE OF THIS CONSTITUTION:
1. The following sections can only be changed or modified by a 100% agreement of all members, the Imam and the Shari'a Council:
  1. Objectives of Masjid _______ (Article II)
  2. Rights of Members
  3. Duties of the Shari'a Council
  4. Relationship of the Council to the Imam
2. If any part of this constitution (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 Shari'a Council. To make the required change, the Council 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

Associating anyone in any act of worship with Allah.
Belief that anyone after the Prophet (SAS) delivered teachings from Allah other than or in addition to those transmitted by the Prophet (SAS).
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.
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).
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..
Refusal to call the mushrikeen (including the Christians and the Jews) disbelievers or doubts about their disbelief or acceptance of their beliefs and ways as correct or acceptable.
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.
Hating anything of that which the Prophet (SAS) delivered to us -- even if practicing it.
Mocking, belittling or rejecting any aspect of the teaching of the Prophet (SAS) or Allah's rewards or His punishments.
Practice or acceptance of any form of witchcraft or fortunetelling.
Aiding the disbelievers over the Muslims openly or secretly.
Belief that any human being is able to transcend the Shari'a brought by the Prophet (SAS) or is not required to follow and or all of its rulings.
Turning away from the Din of the Prophet (SAS), neither learning about it nor practicing it.