Appendix
Sunnah*:
Sunnnah is the sayings, deeds, approvals, and disapprovals of the Prophet Muhammad (S.A.W.S.).
Sahih Hadith*:
Sahih Hadith is a narration attributed to the prophet Muhammad through a chain of transmission which is connected from one Adl (of righteous conduct and Islamically acceptable character) scholar to another Adl scholar until the chain is completely connected, unbroken to the prophet Muhammad (S.A.W.S.). Also it does not contradict any major understanding of the Holy Qur’an or an authentic Hadith, nor does it contain any crucial criticism of the Holy Qur’an.
Imam:
Imam in this Constitution is a person elected to carry out the functions defined in this Constitution, and not the Imam ul khilafa.
*Note:
The above definitions are based upon the generally held position of the Sahaba (the companions of the Prophet [S.A.W.S.]), the Tabiun (the followers of the companions) and the Taba Tabiun (those who follow the followers of the companions) and those righteous Muslims who follow the above mentioned three earliest generations of the Muslims.
Article 4: Foundation of our Mosque/Organization/Beliefs & Practices
The foundation of all activities, goals, and objectives are based upon the eternal guidance from the Holy Qur’an and the life example, and the Sunnah of the Prophet Muhammad (S.A.W.S.) as outlined in the Sahih Ahadith (See appendix for the definition of Sunnah and Hadith).
Islam is our way of life. We believe in:
- Allah: The One and Eternal, Unique and Absolute. He neither begets, nor is He begotten and there is none equal to Him, we know Him by the way He has presented Himself in the Holy Qur’an through Asma ul-Husna (His most beautiful names)...
- Angels: They are creatures from amongst the creation of Allah. They are made of light. They follow Allah’s Commands, and cannot benefit or harm anyone except by Allah’s Command.
- Books: We believe in the books that He revealed for the guidance of mankind. Most of these books are lost and the rest, except the Holy Qur’an, have been changed or tampered with. Some of these are the Torah, Ingeel, Zaboor, and the books of Ibrahim and Musa. The last among the books is Al-Qur’an which has been preserved in its purity and is the guide for all mankind until the last day.
- Messengers: These are men whom Allah chose to reveal His message and commanded them to convey the message. He supported them with miracles. They are impeccable. They do not commit any sin. They might do minor mistakes which are usually corrected by revelation from Allah. Adam (P.B.U.H.) was the first and Muhammad (S.A.W.S.) was the last prophet and messenger of Allah.
- The Last Day: We believe this world will end and there will be a last day; and after the Last Day we shall begin another life -- The Life of The Hereafter. Allah will resurrect His creations after their death and will bring them to account for their deeds. He will reward the virtuous with Paradise, and will punish evil doers. The abode of evil doers is the hellfire.
- Pre-Destination: We believe that Allah knows all events before they take place and that He has determined them and has written them beforehand, and that nothing happens in His Kingdom without His Will and Knowledge.
- Worship: Our worship is founded upon the pillars of Islam.
- Shahada: Testifying that there is no god but Allah and that Muhammad is His messenger and the seal of all the prophets.
- Prayer (salah)
- Zakah
- Sawm: Fasting of Ramadhan
- Hajj: Pilgrimage to The House of Allah in Mecca, Arabia, if the means permit, once in a lifetime.
- In addition, there are optional worship such as wajib, sunnah, and nafil prayers. Also, Allah has ordained in many Ayat Muhkamat to make Dhikr (remembrance of Allah), which we shall try to act upon.
Article 5: Policies/Guidelines in General Conduct of Affairs
- Individual freedom within the limits of Islamic Shariah, equality, social justice, nondiscrimination, and Shurah are the means of guidelines within which all activities shall be carried out.
- The criterion of right and wrong is neither the individual pleasure nor the good of any social group or state but the pleasure of Allah Subhanahu wa Ta’ala. An action is right and good only if it pleases Allah Ta’ala and it is evil if it displeases Him.
- Islamic values are absolute, both human and moral, and are based on the Qur’an and Sunnah of the Prophet Muhammad (S.A.W.S.).
- Respect for the established schools of Islamic Fiqh (Jurisprudence), conforming to article 4 of this Constitution without formally committing to anyone of them.
Article 6: Membership of the Masjid
- The Masjid shall be open to all Muslims, irrespective of color, race, country, language, education, school of thought, nationality, background, status, position, or political views; for making prayers; and in remembering Allah Subhanahu wa Ta’ala. No membership is required for making prayers, or reading in the Masjid, nor for attending general Islamic Worship Services and activities.
- For those Muslims who subscribe, and are in agreement with the aims and objectives of the organization, and who would like to actively involve themselves in the establishment of Islam individually and collectively, may become members of the community organization of the Masjid by fulfilling the requirements as set forth in article 7 of the Constitution.
Article 7: Qualifications and Purpose of Membership
“Help ye one another in righteousness and piety but help ye not one another in sin and rancour. Fear Allah: For Allah is strict in punishment.” (Qur’an 5:3) “And hold fast, all together by the rope which God (stretches out for you) and be not divided among yourselves.” (Qur’an 3:103) The purpose of membership is to enlist the formal commitment and support from the general body of Muslims in order to undertake the duties and responsibilities of establishing Islam in society.
- Qualifications and requirements:
- Be a Muslim.
- The member must be committed to Islam and must strive to implement Islamic teachings in his/her life.
- Accepts and is willing to work under this Constitution.
- Accepts to pay a membership fee, or fulfills other requirements as decided by Majlis-ash-Shura.
- Accepts to abide by the decisions of the collective authority.
- Could be male or female and of the age of at least 16 years.
- Approval of the applicant by Majlis-ash-Shura.
- Duties:
- Strives to practice the obligatory duties of Islam.
- Strives to work for the development of an Islamic personality in ones self and others.
- Visits the Masjid at least once a week.
- If a sister, visit to the Masjid is optional.
- Participates and helps in organizing Islamic activities at the Masjid and outside.
- Undertakes the study of Islam.
- Strives to practice Islamic code of conduct and behavior and specially avoids committing major sins.
- Participates in charitable activities and works which yield benefits and goodness to the community.
- Benefits:
- All members shall be involved in participating, and shaping the programs of the organization.
- All members shall have voting rights, if the member has fulfilled his or her duties as described in article 7B.
- The member shall have a voting right if the member is a qualified member for at least six months prior to exercising his/her vote.
- Each voting member shall be entitled to one vote on each matter.
Article 8: Organization/Methodology/Structure
- The affairs, activities, and programs of the masjid and the community organization shall be managed by the principles of Shura. “Their affairs are decided by mutual consultation.” (Qur’an 42:39) The final word in the affairs is the Qur’an and Sunnah. “O ye who believe obey Allah, and obey the Apostle, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Apostle, if ye do believe in Allah and the Last Day, that is best, and most suitable for final determination.” (Qur’an 4:59)
In abiding by the above ayah all decisions and actions will be based on:
- The guidance of Al-Qur’an.
- The guidance from the Sunnah of the Prophet Muhammad (S.A.W.S.).
- The guidance of Khulafa al Rashideen.
- The guidance of the well known Islamic schools of fiqh, if their findings are substantiated by the Qur’an and Sunnah.
- By any other truth available pertaining to the subject.
- Organization of the General Assembly
- All Muslims who attend the Masjid form the jama’ah, but the qualified members among them shall be called the General Assembly. The General Assembly shall elect the chief executive who may be known as the Imam (See article 9).
- The General Assembly shall meet twice a year, during March, and September. It shall also meet for election purposes or emergencies, when required.
- Sixty percent of the General Assembly shall constitute the quorum for election purposes. Failure to meet the quorum shall result in calling another meeting with proper announcements, one week later. Those present in the second meeting shall constitute the quorum.
- Women members shall be allowed to vote on constitutional amendments and elections of women's committee.
Article 9: Majlis-Ash-Shura
Shall consist of the Imam elected by a majority vote of the General Assembly. The Majlis-ash-Shura shall consist of:
- Office Bearers
- Imam as the Chief Executive of the masjid
- Naib al Imam (Vice President)
- Secretary
- Treasurer
- In addition to the office bearers, 5 additional members of the Shura shall become heads of 5 committees (as defined in article 15B). A sixth member shall be selected from the executive committee of The Muslim Students Association (MSA). The representative selected from the MSA shall be a member of the shura without portfolio.
- If in any given term the number of the qualified nominees is less than the required number, than those who qualify shall become the members of the Shurah for that specific term after the election.
- Term: The term of the Imam is permanent. However, every two years on the first weekend of February a vote of approval shall be taken from the General Assembly (as defined in article 17).
- Members of Shura committee shall be elected every two years on the last weekend of March (as defined in article 11). Exception is made for the representative from the MSA who is generally elected every year.
- Members leaving the city or those voluntarily resigning would be replaced by the process outlined in article 11.
Article 10: Qualifications of the Members of the Majlis-ash-Shura
- He should be an adult and mature.
- He should have a reputation of good Islamic behavior and manners.
- He should meet all requirements as set forth in article 7.
- He must be committed to the Qur’an and the Sunnah of the Prophet Muhammad (S.A.W.S.), and should strive to practice the teachings of both the sources.
- Must commit to stay on the shura for at least six months after his election.
- He should be a resident of the City of Columbia, SC, at least for one year prior to becoming a member of the Majlis-ash-Shura, and is known to frequent the Masjid.
Article 11: Selection of the Shura
The Majlis-ash-Shura shall be selected according to the following process:
- Beginning with the second week of February, the General Assembly shall be asked by the Council of Guardians (Article 27C) to present the names of the nominees, within two weeks of their announcement.
- Each nominee shall be seconded by at least 2 members of the General Assembly.
- The Council of Guardians (see article 27) shall verify the qualifications and competence of the nominee within two weeks after the last date of receiving nominations.
- The names of the most eligible nominees shall be presented to the Imam.
- The Imam shall
- Select 8 of the nominees from the final list as the proposed members of the Majlis-ash-Shura within one week and
- Announce his selection to the General Assembly in khutbatul Jummah and call for a meeting of the General Assembly to be held no later than 15 days but not earlier than 7 days from the day of announcement to seek the approval for the nominees.
- In case of resignation, removal, or death of any Shura member, except the Imam, the above procedure shall be followed to fill the vacancies.
Article 12: Functions of the Majlis-ash-Shura
The Majlis-ash-Shura is composed of the Imam and other Shura members; together they compose the executive authority in the Masjid. All affairs of the Masjid shall be managed by the Majlis-ash-Shura. The Majlis-ash-Shura shall be responsible for:
- Safeguarding the ideological integrity of the Masjid and organization.
- Providing policy guidelines for programs and activities, and perform such acts that may be necessary for the achievement of the overall objectives of the Masjid, and the requirements of the constitution.
- Majlis-ash-Shura may receive and accept property; real, personal, a mixes by way of gift, bequest or devise from any person, firm, trust, or corporation to be held, administered, and disposed of in accordance with and pursuant to the provisions of these articles. But, no gift, bequest, or devise of any such property shall be received or accepted if it is conditional, or limited in such a manner as to require the disposition of the income or its principle for any purpose other than the purposes set forth in the article hereof, or as shall in the opinion of the board of trustees (Majlis-ash-Shura) jeopardize the Federal Income tax exemption of this organization pursuant to section 501(c)(3) of the internal revenue code of 1954 as now enforced or afterwards amended.
- The Majlis-ash-Shura has the right to make all those decisions which are not specified in the constitution, but which conforms to the goals of Masjid al-Muslimiin.
Article 13: Meetings of the Majlis-ash-Shura
- The Majlis-ash-Shura shall meet at least once a month. In addition it shall meet under the following conditions.
- By the request of the Imam.
- By the request of ⅔ of the members of the Majlis-ash-Shura.
- By the request of the Council of Guardians.
- In case of an emergency.
Article 14: Decision Making
Decision making shall be based on the following principles of Shura and unity: As Allah Subhanahu Wa Ta’ala says in the Holy Qur’an: “And hold fast, all together by the rope which Allah (stretches out for you) and be not divided among yourselves.” (Qur’an 3:103). “Those who hearken to their Lord; and establish regular prayer; who conduct their affairs by mutual consultation.” (Qur’an 42:38)
- All issues shall be discussed by the Imam and the Majlis-ash-Shura.
- Upon end of discussion, the issue shall be resolved by one of the following methods:
- Unanimous decisions.
- By voting, majority vote wins
- By the members’ request to the Imam to make the final decisions (this has to be all unanimous agreement of the members of the Shura)
- By the Imam exercising his authority (if the majority decision or the unanimous decision violates any Islamic law, or the Qur’anic or Prophetic traditions, etc.) and making final decision.
- After the decision is made everybody is required to follow it.
Article 15: Duties and Responsibilities of the Officers of Majlis-ash-Shura
- The main function of the Majlis-ash-Shura shall be to plan, organize, direct, and control all activities of the Masjid in order to achieve the aims and objectives of the constitution.
- There shall be four office bearers and five committee heads. Each committee shall be headed by one member of the Majlis-ash-Shura. The general duties and obligations and authority of the Masjid officers and the department heads are presented in the following articles.
Article 16: Qualifications of the Imam
- Must be knowledgeable about Islam and have sound understanding of the Holy Qu’ran and the Sunnah (as defined in article 4)
- Must be able to make decisions.
- Must be ready for sacrifice.
- Must be available to people and open to advice.
- Must have great fear of Allah as manifested in his Islamic behavior and manners in his personal and public life.
- Must be committed to the constitution of the Masjid al-Muslimiin
Article 17: Selection of the Imam
The selection of the Imam shall be conducted as outlined in article 27B. Once he is elected, his term is permanent. However, every two years, a vote of approval shall be taken from the General Assembly.
Article 18: Duties and Functions of the Imam
- The Imam shall be responsible for planning, organizing, directing, coordinating, controlling all the affairs and activities of the Masjid.
- He shall be responsible for organizing and establishing all the Salaat in the Masjid.
- He shall be responsible for providing Islamic services needed by the community: Conducting marriage ceremonies, providing religious knowledge and information, and advising and consulting on problems and concerns of Muslims.
- He or his designate shall be the representative of the Masjid to the outside world.
- He or his designate shall be responsible for the management and supervision of the day-to-day activities of the Masjid.
- He shall be authorized to make appropriate decisions, without the approval of the Majlis-ash-Shura, in matters related to the management of day to day affairs.
- In cases of disturbance or disorder, he has the authority to handle the matter in the appropriate manner and inform Majlis-ash-Shura as soon as possible.
- He shall preside over all the meetings of the Majlis-ash-Shura.
- He shall form committees or task forces, if needed, to carry out or to implement activities or programs of the Masjid.
- He shall be responsible for establishing the bureau of dawah and Irshad among Muslims, to plan, organize, train, and carry out comprehensive dawah activities under his supervision and assisted by the Naibul-Imam.
- He shall be responsible for contacting other Islamic centers and Masjids which the same objectives within the city or outside, with the aim of serving and unifying the Muslims.
- He shall work with Majlis-ash-Shura in making decisions (as defined in article 14).
Article 19: Naib al-Imam
- The Naib al-Imam or vice president shall assist the Imam in implementing and executing the policies, programs, and decisions of the Majlis-ash-Shura.
- He shall assume complete responsibilities and authority of the Imam in case of Imam’s temporary absence, removal, resignation, or death. In case of the resignation, removal, or death of the Imam, the Naib al-Imam shall act as an Imam until the Imam’s successor has been chosen.
- He shall perform any special assignments given to him by the Imam or approved by the Majlis-ash-Shura.
- He shall be responsible for public relations/communications.
- He shall be responsible for assisting the Imam in conducting the Da’wah among Muslims and/or non-Muslims.
Article 20: Secretary
- He shall coordinate with the Shura members to schedule Shura meetings and inform them the date, time, and place of meetings.
- Shall prepare the agenda for the meetings of the Majlis-ash-Shura.
- Shall record the minutes of the meetings of the Majlis-ash-Shura, and the General Assembly meetings.
- Shall receive, initiate, and respond to all correspondence to and from the Masjid and its correspondents.
Article 21: Treasurer
- Shall be responsible for collecting all money and valuables given to the Masjid. This includes: membership dues, monthly or non-periodical donations and contributions, etc.
- Shall keep records of all income and expenditures; and shall balance the books.
- Shall pay all the regular bills of the Masjid.
- Shall maintain an accounting system.
- With the approval of the Imam he shall be allowed to spend up to $200 on expenditures other than the regular maintenance expenses without the prior approval of Majlis-ash-Shura and shall inform the Majlis-ash-Shura as soon as possible.
- Shall prepare the annual budget with the help of and consultation of the Imam for approval of the Majlis-ash-Shura
- He shall prepare the semi-annual financial report and present it to the General Assembly after the approval of the Majlis-ash-Shura.
- He shall prepare the semi-annual financial report and present it to the General Assembly after the approval of Majlis-ash-Shura.
Article 22: Description of the Committees: Methodology, and Organization
- The committees shall be established to undertake the implementation of the plans as approved by the Majlis-ash-Shura in order to achieve the aims and objectives of the Constitution.
- Each committee shall be responsible to carry out functions assigned to it in the following sections of article 24.
- Each committee head shall devise and present an overall plan and program and shall carry them out after consultation and approval of the Majlis-ash-Shura.
- Each committee shall be comprised of the committee head and up to four additional members.
- There shall be five committees. Their names are as follows;
- Committee of Education and Training
- Committee of Islamic Guidance
- Committee of Islamic Economics
- Committee of Cultural and Social Affairs
- Committee of Community Services
Article 23: Functions and Activities of the Committees
- Committee of Education and Training
- The Committee of Education shall be responsible for organizing and administering the Weekend Islamic School at the Masjid.
- It shall also supervise all aspects of full time daily school when it becomes a viable operation.
- The committee shall also administer any other schooling, full time or part-time through appropriate measures and coordinations.
- It shall be responsible for the administration and supervision of the Islamic Library.
- The committee shall organize training programs for teachers, and parents, adults, and Islamic workers in the fundamentals of Islamic education, beliefs and practices, and community work.
- Committee of Islamic Guidance
- The Committee of Islamic Guidance shall conduct Islamic guidance classes for brothers/sisters in the following areas:
- Meaning and tafseer of the Holy Qur’an
- Understanding of Hadith
- Issues in Fiqh
- Arabic language classes: reading, recitation, and memorization of the Holy Qur’an.
- The committee shall organize, and provide programs for Islamic enlightenment and awareness and to implement “Amr bil ma’ruf” and “nahi an il munkar” (enjoining the right and forbidding the evil): there programs shall include workshops, seminars, conferences, camps, etc.
- The committee shall organize Friday night/weekend, and weekday programs and activities based upon the above mentioned areas of Islamic guidance.
- The committee shall publish a monthly newsletter and/or other Islamic literature for the Masjid.
- Committee for Islamic Economics
- The Committee of Islamic Economics shall strive to carry out economic activities and programs leading to self-sufficiency, social security, and interest-free Islamic cooperatives.
- The committee shall organize the collection and distribution of Zakah, ushr, and other sadaqat.
- The committee shall establish a Baitul Maal for the help of the needy and to provide interest-free loans.
- The committee shall provide held and shall engage in establishing businesses for the Muslim community.
- The committee shall coordinate its financial affairs with the treasurer of the Masjid, if necessary.
- Committee of Cultural and Social Affairs
- The committee shall provide and organize facilities and programs for indoor and outdoor sports, and recreation; entertainment, picnics and outdoor activities.
- Shall organize and conduct Iftar programs during Ramadan, and other community dinners.
- Shall organize the celebration of Eidul Fitr and Eidul Adha and other Islamic festivals.
- Shall provide cultural and sports activities for the children.
- Shall arrange social visits between different Muslim communities.
- Committee of Community Services
The Committee of Community Services shall provide different services and programs, beneficial to all Muslims.
- The committee shall work to establish and maintain a Muslim graveyard or cemetery with body washing facilities.
- The committee shall provide the cleaning and maintenance of the entire property of Masjid al-Muslimiin.
- The committee shall organize the purchases and supplies needed for the Masjid.
- The committee shall establish and provide other services that may be needed by the community.
Article 24: Duties and Responsibilities of the Committee Heads
- The committee heads shall be nominated by the Imam from members of the Majlis-ash-Shura.
- Each committee head shall be responsible to plan, organize, direct, and control activities under his department, after consultation and approval from the Majlis-ash-Shura. This is to be done in accordance with the aims and objectives of the constitution.
- He shall supervise his committee, and he will be responsible for conducting its activities.
- Each committee head shall be responsible to form a committee of up to four members, who may be taken from the General Assembly of Muslims or may include up to two members from the Majlis-ash-Shura, to carry out its activities.
- The committee head shall chair the meetings of the respective committees.
- He shall make a budget of expenses, and submit it to the treasurer, and the Majlis-ash-Shura.
- He shall consult with the Imam or Naib al Imam, for day to day issues and problems concerning his committee and make the appropriate decisions.
Article 25: Participation of the Muslim Students Association in Majlis-ash-Shura
- In accordance with the original agreement between the founders of this Masjid, it is stipulated that the president of the Muslim Students Association of U.S.C., or a member of its executive committee, who is qualified and acceptable to Majlis-ash-Shura shall be made a member of the shura for the term of his office in the MSA.
Article 26: Committee of Muslim Women’s Affairs
- The Muslim women at the Masjid al-Muslimiin shall organize their Islamic affairs by choosing a sister as a chairwoman to present the concerns of Muslim women to the Majlis-ash-Shura for approval and to organize programs and activities of special interest to the sisterhood at the Masjid.
- A committee of four additional members shall be elected by the registered women members of the General Assembly to carry out the functions of their affairs.
- Affordingly the chairwoman and the four additional members of the sisterhood shall be chosen for a period of 2 years. This election coincides with the election of the Imam and Majlis-ash-Shura. At the end of 2 year term either election or the vote of confidence will take place.
- All activities and programs of Muslim women’s committee shall be presented to the Majlis-ash-Shura for approval.
- The committee shall provide and develop Islamic educational religious and cultural programs and activities beneficial for the Muslim sisters.
- The committee shall provide special workshops, classes and training programs for Muslim sisters on child rearing or topics and issues of special interest to the Muslim sisters.
- The committee shall provide consultation and counseling services to sisters. Assistance may be sought from the Imam when required or needed.
- The committee shall provide classes and programs for personal development and communication, such as teaching skill and crafts like sewing, cooking, interior decoration, typing, learning foreign languages.
- The committee shall develop social and Islamic entertainment and recreational activities for sisters.
- The committee shall help in organizing Islamic festivals and social programs for Muslim sisters.
- The committee shall assist in Muslim children’s activities.
Article 27: The Council of Guardians
The council of guardians shall be established by the approval of the general assembly to perform the following duties:
- In extreme cases where an Imam and/or the Majlis-ash-Shura is alleged to have violated the Constitution, the following procedure shall be applied:
- The alleged violations should be first addressed to the Imam/Majlis-ash-Shura by any of the members of the General Assembly.
- Failure of the Imam/Majlis-ash-Shura to respond satisfactorily within a reasonable period shall be reported to the Council of Guardians.
- The Council of Guardians shall discuss the alleged violation with the Imam/Majlis-ash-Shura in an attempt to resolve the matter satisfactorily.
- If a decision could not be made to resolve the issue, the council of guardians, given the seriousness of the matter, may call for a general assembly meeting to resolve the problem.
- To supervise the nomination and election of an Imam for the Masjid, when the position becomes vacant with the following procedures.
- The Council of Guardians shall receive nominations from the General Assembly for the position of the Imam.
- After receiving the nominations, the Council of Guardians shall process the nominations and find the qualified nominees in compliance with the requirements set forth for the qualifications of the Imam (Article 16) in the Constitution.
- The names of the eligible nominees (who meets the qualifications and requirements) shall then be presented to the General Assembly.
- The Council then shall call for a meeting of the General Assembly, no sooner than one week, and no later than two weeks from the date of presenting the qualified nominees list to the General Assembly, to vote on the election of an Imam. The voting shall be held by casting the ballot by registered voters.
- The person who receives the largest number of votes shall be officially declared as the elected Imam.
- If all the nominations received from the general assembly fail to pass the qualification and requirements test as set forth in the Constitution, or no nominations are received from the General Assembly within a period of one month from the day when the position of the Imam becomes vacant due to his resignation, removal, death, or losing the vote confidence, then the Council of Guardians shall search and find within a maximum period of three months, the best possible choice who meets the basic qualifications and requirements as set forth in this Constitution and is generally acceptable to the Muslim Community of Columbia. He shall become the only nominee for the position of the Imam.
- The nominee of the Council of Guardians shall then be presented to the General Assembly and a vote by ballots shall be taken from the registered members to approve his election. The nominee shall become an officially elected Imam if ⅔ of the registered voters (members) approve him.
- If the proposed Imam from the Council of Guardians does not receive the ⅔ vote, then the Council of Guardians shall continue the search for another Imam within the time limits as described elsewhere in the Constitution (See 11 below). This time the election shall be final by a simple majority vote, unless ⅔ of the members of General Assembly disapprove his election.
- The Council of Guardians in their capacity as a neutral election committee shall be entitled to make necessary administrative rules and regulations which do not violate, oppose, or disagree with the articles of this Constitution and are confined to the administration of all elections, approvals of Imam, referendums, and Constitutional amendments etc. from the General Assembly.
- If the term of the Majlis-ash-Shura expires while the search for an Imam continues, the Council of Guardians shall hold elections to choose a new Majlis-ash-Shura as called for in Article 9-E.
- If the time limit to elect a new Imam expires and no eligible person is found, then the Council of GUardians may approve from seeking the extension of time to continue the search for an Imam. The General Assembly may allow a maximum extension of two months for this purpose.
- If an Imam is not found even after the expiration of the extended time, then the search for an Imam shall come to an end, until the due date of a new election.
- The elected Majlis-ash-Shura shall select one person from among them as their Amir. If an Imam is elected later and joins the already elected Majlis-ash-Shura, then the Amir of Majlis-ash-Shura shall step down from the position of the Amir of Majlis-ash-Shura and the elected Imam shall assume the leadership.
- If an Imam is elected after the election of a Majlis-ash-Shura, then he shall be required to work with the elected Majlis-ash-Shura for the remainder of their term.
- The minimum time allowed for the Council of Guardians to conduct the nomination and election of the Imam shall be four months.
- Conduct the election of the Majlis-ash-Shura as defined in article 11, and seek the vote of confidence from the General Assembly for continuation of the Imam.
- To assume temporary supervision of the properties of the Masjid and protect it from illegal use, in conjuction with NAIT (North American Islamic Trust, Indianapolis, Indiana), in case the Muslim community ceases to exist in Columbia, SC.
- To organize, conduct and supervise the elections of the Muslims Women’s Affairs Committee.
- Guidelines for the Council of Guardians:
- The Council shall act withtin the rights and obligations accorded to it by the Constitution, but not above it.
- The Council shall follow the Imam and the Majlis-ash-Shura in the general administration, management policies and goals.
- The Council shall not undertake any work in the areas mentioned above (as in 2).
Article 28: Qualifications of the Council of Guardians
- He must be a Muslim who is striving to practice Islam to the best of his ability.
- He should be active in the Masjid.
- He should be known to possess good Islamic manners and character.
- He should qualify the requirements as set forth for the members of the General Assembly and the Majlis-ash-Shura of this Constitution (articles 7A and 10).
- He should be a resident of the City of Columbia, S.C. at least for a period of 3 years and preferably from amongst the founders of Masjid al-Muslimiin.
- He should be a permanent resident of U.S.A.
Article 29: Composition of the Council of Guardians
- The council shall be composed of 3 persons who shall be elected for a period of 3 years. Their terms can be renewed every 3 years by vote of confidence from the General Assembly.
Article 30: Election of the Council of Guardians
- Four weeks prior to the end of the terms of Council of Guardians, the Majlis-ash-Shura shall appoint an election committee from the General Assembly (excluding any member of the shura or current Council of Guardians) for receiving nominations from the General Assembly for election of the Council of Guardians for the next term.
- The nominations shall be received within 2 weeks of the announcement date.
- The election committee shall evaluate the qualifications of the nominees within one week after the last day of receiving nominations.
- The election committee shall prepare for and conduct the election of the members of the council after one week of the evaluation process.
- Election shall be conducted as follows:
- Ballot papers with the name of the nominees shall be made available to the members of the General Assembly.
- The members of the General Assembly shall be asked to check 3 names of their choice on the ballot paper.
- Upon completion of the balloting, the election committee shall open the ballots in the presence of at least one member of the Majlis-ash-Shura and count them.
- The 3 persons who received the 1st, 2nd, and 3rd positions in the number of votes received shall be declared the new members of the Council of Guardians for a period of 3 years.
- In case of resignation, death, or moving of one or more members, the same procedure for the election shall be followed to fill the vacancies.
Article 31: Constitutional Amendment
- Once the General Assembly approves the constitution, it shall be used for governing the activities of the Masjid.
- Proposal to amend (addition, deletion, or changes in articles or parts thereof) the constitution shall be submitted to the Majlis-ash-Shura, along with the purpose and reasons for such, and the Majlis-ash-Shura shall study the proposal.
- After ascertaining the need for an amendment, the Majlis-ash-Shura shall coordinate with the Council of Guardians, and the Council of Guardians shall call for a special General Assembly meeting.
- Any amendment (addition, deletion, or changes in articles or parts thereof) shall require approval by ⅔ of the General Assembly. A quorum in this case shall consist of at least 75 per cent of the members of the General Assembly.
- Failure to meet the quorum in the first meeting shall require for calling for a second meeting in two weeks. If the second meeting also fails to get the attendance by the quorum, the proposal of amendment shall be dropped. The condition shall be made known to the General Assembly in calling for the second meeting.