CONSTITUTION OF THE MUSLIM COMMUNITY OF QUÉBEC,
CONSTITUTION DE LA COMMUNAUTÉ MUSULMANE DU QUÉBEC
7445 CHESTER AVENUE, N.D.G MONTREAL, QUEBEC. H4V1M4
THIS IS THE CONSTITUTION AS APPROVED BY THE COUNCIL OF TRUSTEES BY, SAFAR 3, 1405 AH, (OCTOBER 28, 1984)
QUTBI EL –MEHDI AHMED IHAB KACHEF
Chairman ,Council of Trustees Secretary , Council of Trustees
Article I: Name
The organization shall be called “Communauté Musulmane du Québec” in French, “Muslim Community of Quebec” in English, and جماعة المسلمين بكيبك (Jama’at al Muslim fi Québec) in Arabic. Hereafter it shall be referred to as “M.C.Q.”.
Article II: Nature
The M.C.Q. shall be a charitable, non-profit organization to fulfill the needs of Muslims living in Québec, and governed by the principles of the Qur’an and Sunnah of the Prophet Muhammad – Peace and blessings of Allah be upon him.
Article III:Aims and Objectives
The Aims and Objectives of the M.C.Q. shall be:
a)-To propagate a proper understanding of Islam as a complete way of life in accordance with the Qur’an and Sunnah of the Prophet Muhammad - Peace and blessings of Allah be upon him;
b)-To promote a cohesive Islamic Ummah over-ridding all national, radical, ethnic and other barriers in a spirit of brotherhood;
c)-To organize social, charitable, literary, scientific, research and other Islamic activities;
d)-To provide community services and recreational facilities and organize social and extracurricular activities within an Islamic framework;
e)-To spread Islamic da’wah and authentic information about Islam through various media, so as to promote goodwill and understanding among followers of other faiths;
f)-To provide educational facilities for the old and young members of the Muslim community through the establishment of appropriate institutions;
g)-To extend help to newly arrived Muslims, new Muslims, to unemployed members of the Muslim community with necessary directives and to Muslim students for the pursuit of their endeavors whenever that is possible;
h)-To issue publications on Islam;
i)-To further cooperation and coordination with other similar Islamic organizations in pursuit of the aims and objectives of the M.C.Q.
Articles IV: Membership
Section 1: Any Muslim, aged eighteen (18) or more, residing in Quebec, who endeavors to practice Islam as a total way of life and subscribes to the aims and objectives of the M.C.Q., shall be eligible for regular membership as defined in the By-Laws.
Section 2: Any person who is willing to subscribe to the aims and objectives of the M.O.Q. constitution shall be eligible for non-voting associate membership.
Articles V: Organs of the M.C.Q.
M.C.Q. shall have the following organs:
2-Council of Trustees.
3-President and the Executive Committee
Articles VI: General Body
Section 1: Composition:-
The members of the M.C.Q. shall constitute the general Body.
Section 2: Functions: -
a)-Discuss the Financial Statement
b)-Discuss the Annual report.
Articles VII: Council of Trustees
Section 1: Composition: -
The council of trustees shall be composed of up to 25 members and not less than 15 members.
Section 2: Qualifications of the Council of Trustees members:
a)-Be a practice Muslim known for his Islamic manners and morals in the community;
b)-Be committed to the nature/aims and objectives and functions of the M.C.Q.;
c)-Be willing and able to devote time and effort for the pursuit of the aims of the M.C.Q. through the M.C.Q.
Section 3: Functions:
a)-Oversee, guide and direct the functions of the M.C.Q.;
b)-Adopt policies and set plans;
c)-Endorse the draft constitution and do any necessary amendments to the constitution;
d)-Draft or endorse the By-Laws or any amendments hereto;
e)-Nominate the Imam;
f)-Approve the budget of M.C.Q.;
g)-Raise funds or authorize raising funds for the operation of M.C.Q.;
h)-Check that the President is acting in the interest of the nature, aims and objectives of the M.C.Q.;
i)-Call for meetings of the General Body as set out in the By- Laws
Section 4: Existing members of the Council of Trustees will form the first Council of Trustees
under this constitution.
Section 5: Rules of procedure for the Council of Trustees, including the term of office of its members, rules governing selection of new members and rules and rules regarding meetings, shall be set out in the By-Laws.
Article VIII: President
President of the M.C.Q. shall be elected every two (2) years by the Council of Trustees and shall be accountable to the same.
The President shall:
a)-At all times command the confidence of a majority of members of the Council of Trustees;
b)-Be responsible for the general management of all the activities of M.C.Q.;
c)-Implement the constitution of the M.C.Q. by formulating overall plans and organizing available efforts and resources;
d)-Direct and coordinate all activities so as to achieve the aims and objectives of the M.C.Q;
e)-Appoint the Director, Secretary, the Financial Administrator and any committee to perform specific functions, assist or advise the President;
f)-Supervise the functions of the Executive committee;
g)-Call and preside over meetings of Executive committee;
h)-Designate members or seek outside help to carry out any special task;
i)-Be the spokesman, representative and correspondent for the M.C.Q. in external activities;
j) _Appropriate funds, within the authority limits specified by the Council of Trustees and Control the expenses of the M.C.Q.;
k)-Present a quarterly report to the Council of Trustees;
l)-Present the Annual Report to the General Body
Article IX: Imam
Section 1: The Imam shall be selected by the Council of Trustees.
Section 2: The Imam shall:
a)-At all times subscribe to the aims and objectives of the M.C.Q.;
b)-Organize and oversee all mosque functions as enunciated in the By-Laws;
c)Assure the constant flow of Dawah activities through the M.C.Q;
d)-Assure that the mosque functions according to clear set of guidelines as per By-Laws;
e)-Help in raising funds for the running of the M.C.Q.;
f)-Advise the members, the council of Trustees and the President in matters pertaining to Fiqh. In case of a conflict between the Imam and the President in matters of Fiqh, the Council of Trustees will be the final arbiter;
g)-Be the keeper of all records pertaining to civil status (registration of births, marriages and deaths). Notwithstanding article XIII the Imam will be an executive member of Council of Trustees.
Article X: Finances
The M.C.Q. shall be financed by contributions, donations, fund raising, membership dues and any other sources consistent with the aims and objectives of the M.C.Q. and approved by the Council of Trustees.
Article XI: Amendment to the Constitution
Section 1: The constitution can be amended during any duly convened meeting of the Council of Trustees fulfilling the Quorum requirement as per rules of procedure of the Council of trustees.
Section 2: The proposed amendment to the constitution shall be submitted in writing by the President or four members of the Council of Trustees and submitted to the Chairman of the Council of trustees, who shall present the proposal in the next meeting of the Council of Trustees held after the submission.
Section3: Members of the Council of Trustees shall take cognizance of the proposed amendment at least seven (7) days prior to the meeting of the Council of Trustees held for examining the amendment.
Section 4: The amendment shall be voted for by two-thirds majority of total membership of the
Council of Trustees.
Article XII: Dissolution
If the M.C.Q. is dissolved for any reason whatsoever, the net realizable assets of the M.C.Q. after the payment of all liabilities as of that date shall be transferred and shall become the property of any other Islamic Organization operating in Canada which conforms to Article III, section 1 of the constitution of the M.C.Q. and as decided by the Council of Trustees.
Article XIII: Miscellaneous
Section 1: The M.C.Q. is to carry on its operation without pecuniary gain to members of the Council of Trustees and the President.
Section 2: By-Laws The M.C.Q. shall at all times be governed by a set of By-Laws defining rules and regulations for membership, internal government, general meetings, selection, nomination and elections, finances and the Council of Trustees, which shall remain within the limitations of the constitution of the M.C.Q. and the companies Act, Part III, of the Government of Quebec.
Muslim Community of Quebec
La Communaute musulmane du Quebec
Rules and regulations for membership
Section 1: Eligibility for membership of the M.C.Q shall be defined by Article IV of the Constitution.
Section 2: Application for membership and approval thereof:
a)-Application for M.C.Q. membership shall be made to the Executive Committee on such form as may from time to time be prescribed by the Executive Committee.
b)-Upon compliance with Article IV of the Constitution, the Executive Committee shall grant membership.
c)-The Executive Committee shall ensure that a current register of membership of the M.C.Q. is kept at all times.
Section 3: Membership Dues:
All members of the M.C.Q. shall be required to contribute annual membership dues. Such membership dues shall be determined by the Council of Trustees, as per Section 3; Article 7 of the Constitution, in a duly convened meeting
Section 4: Rights, privileges and duties of members:
1-Only regular members shall be entitled to vote in concerned matters and to be elected or selected for the Executive Committee and the Council of Trustees in accordance of with this Constitution and By-Laws. Members will be able to call for and vote in a general meeting provided they have been members in good standing and have contributed toward their full membership dues at least ninety (90) days prior to the annual general meeting.
2-With the exception of additional members in the same family, all members shall have the right to receive general notices from the Executive Committee and any newsletter or bulletin of the M.C.Q.
Section 5: Terms of Membership:
a)-Membership shall remain valid up to the end of the calendar year in which it was initiated.
b)-Membership shall be renewed every year upon receipt of the appropriate dues by the Executive Committee.
c)-Notwithstanding Section 5 (a), (b) above, Section 6 shall prevail.
Section 6: Termination and suspension of membership: -
a)-The M.C.Q. Executive Committee reserves the right to terminate or suspend membership of any person who does not act according to the objectives of the M.C.Q. as laid down in Article III of the Constitution or according to the duties of members as laid down in Article 1, Section 4 of the By-Laws, by a simple majority.
b)-A terminated or suspended member shall have the right to appeal such termination or suspension of membership to the Council of Trustees and shall have his membership reinstated if a two-thirds majority vote of the attending members so votes.
Section 1: The Annual General Meeting:
The Annual General Meeting shall be held in June or soon thereafter but not later than the end of October, as determined by the Council of Trustees, at which time the following items shall be dealt with:
a)-Presentation and discussion of the following reports:-
1-The financial statement and the report of the auditor for the past calendar year.
2-The President’s Annual Report.
3-Any other reports as needed.
4-Such other business as required.
Section 2: Quorum:-
25% of all regular members who have the voting rights on the date of the General Meeting shall constitute a quorum at any general meeting. If the required quorum is not reached at a meeting, the meeting shall be postponed for at least one week, the new date shall be posted at the mosque and any number of regular members on that new date shall constitute the quorum for that meeting. Section 3: Other general meetings:- The Council of Trustees or the President shall have the power to call at any time, a general meeting of the members of the M.C.Q. In addition, a general meeting shall be called by the President on the written request to the President by at least twenty-five (25) regular members in good standing, indicating the purpose of such meeting.Section 4: Notice of General Meeting:- The members shall be notified of any general meeting not less than fourteen (14) days in advance of the date set for the meeting, except under emergency circumstances which are determined by the Council of Trustees or the President. The members shall also be notified of the purposes for which a general meeting is called.
Section 1: The Council of Trustees shall nominate and elect the President in a meeting attended by at least two-thirds of the Council of Trustees.
Section 2: A candidate shall be declared elected if the number of votes cast in his favour is at least one more than the number cast in favour of any other candidate nominated for the same office. In case of a tie between two or more candidates, the Chairman of the Council of Trustees shall have a tie breaking vote.
Section 3: The results of the election shall be immediately posted at the M.C.Q.
Section 1: The fiscal year of the M.C.Q. shall be from the first day of January to the last day of December of the same calendar year.
Section 2: The President and the Financial Administrator shall present the Financial Statement of the M.C.Q. to the general body for discussion.
Section 3: The President and the Financial Administrator shall present the budget of the M.C.Q. to the Council of Trustees for approval.
Section 4: All normal day-to-day transactions shall be handled through one bank account, the title of which shall be identical to the name of the M.C.Q. in French and English.
Section 5: All funds for special projects and special purposes may be handled through additional accounts whose titiles must include the name of the M.C.Q. in full or in abbreviation, in French or English, and the name of the special account.
Section 6: Disbursements from all accounts shall be made possible through the joint signature of the President and the Financial Administrator or authorized member/s of the Council of Trustees.
Section 7: Audit
A- The President shall cause the accounts of the M.C.Q. to be fully examined and
the correctness of the General Statement of Income and Expenditure and Balance Sheet
ascertained by one or more external auditors.
B- An interim audit shall be made every six months in order to ensure that the accounts of
the M.C.Q. are kept up-to-date and in accordance with the established methods.
C- Should the situation warrant, the auditor, at his discretion may request the President to
take any necessary steps to ensure that the financial accounts of the M.C.Q. are
D- Along with the Annual Financial Statement as described in Article IV, Section 3, the
auditor shall also present his report to the General Meeting for discussion and to the
Council of Trustees for approval. This report must be brought to the notice of the
members prior to such meetings.
Council of Trustees
Section 1: The Council of Trustees shall nominate and elect its own Chairman during a duly convened meeting, for a term of three years.
Section 2: Term of Office:-
Every member of the Council of Trustees shall hold office for three years unless he/she is
removed through one of the following processes
a-Death of the member
b-He/she resigns from the Council of Trustees for whatever reasons and the resignation
is accepted by the Council of Trustees.
c-The distance of the member’s residence prevent him/her from attending
d-He/She is expelled from the Council of Trustees as per Section 4 below.
Section 3: Vacancies:-
A-Should a seat become vacant on the Council of Trustees, the remaining members of
the Council shall nominate and elect a new member to fill the vacancy during the next
meeting of the Council of Trustees. Only a candidate receiving the two-thirds vote of
the members of the Council present shall be declared elected.
B-If all the seats of the Council of Trustees become vacant, the regular members of the
M.C.Q. shall nominate and elect members at the next General Meeting to fill the
Section 4: The Council of Trustees may expel any of its members from the Council of Trustees during a duly convened meeting with a two-thirds majority vote if such a member disqualifies as one.
Section 5: Meeting of the Council of Trustees:-
A- A Minimum of three meetings shall be held every year.
B- Meetings shall be called for by the Chairman of the Council of Trustees. The notice for
a meeting shall be mailed to all members at least (15) days in advance with a
specified agenda. In case of an emergency, the fifteen (15) days limitation can be
waived aside upon written concurrence by five other members of the Council of
Trustees. Only the limited specified agenda shall be discussed at such meetings.
C-A minimum of fifty percent (50%) of the members of the Council of Trustees shall constitute a quorum.
D-The election of a new member to the Council of Trustees, or the expulsion of a
member from the Council of Trustees shall not be voted upon in a meeting unless the
notice circulated with it so specifies.
Section 1: All deeds, documents, transfers, contracts, engagements and any other instruments requiring execution by the M.C.Q. shall be signed by one Executive Committee member or substitutes as the Council of Trustees may from time to time appoint. No other officer, agent or employee shall have any power or authority to bind the M.C.Q. by any contract or engagement or to pledge its credit.
Section 2: Any member of the Executive Committee or the Council of Trustees or any person or persons delegated for the purpose of the Executive Committee are, or nay one of them is, authorized and empowered upon the approval of the Council of Trustees to appear and make answer for the M.C.Q. to all writs, orders and interrogations upon articulated facts issued out of court and to declare for, on behalf of, and in the name of the M.C.Q. as garnishee, and to make all affidavits and sworn declarations in connection with these or in connection with any and all judicial proceedings to which the M.C.Q. is a party.
Section 1: The By-Laws can be amended during any duly convened meeting of the Council of Trustees fulfilling the quorum requirements as per rules of procedure of the Council of Trustees.
Section 2: The proposed amendment to the By-Laws shall be submitted in writing by the President or two members of the Council of Trustees and submitted to the Chairman of the Council of Trustees, who shall present the proposal in the next meeting of the Council of Trustees held after such submission.
Section 3: Members of the Council of Trustees shall take cognizance of the proposed amendment at least seven (7) days prior to the meeting of the Council of Trustees held for examining the amendment.
Section 4: The amendments shall be voted for by simple majority of the Council held for examining the amendment.
Section 5: A change in any sort in part or full to these By-Laws shall be considered an amendment.