ISLAMIC SOCIETY OF NORTH AMERICA CANADA
Constitution
PREAMBLE
Whereas we, as representatives, of the following organizations:
1. Muslim Students' Association (MSA) of the U.S. & Canada, Canada;
2. Muslim Youth of North America, Canada;
3. Members of the Islamic Society of North America - Canada recognize Islam as a total way of life and have pledged to endeavor practicing it as such. We do hereby adopt this Constitution and pledge to abide by its provisions.
ARTICLE I: NAME
The organization shall be called the Islamic Society of North America
-Canada, hereinafter-called ISNA Canada. It shall be a not-for-profit organization.
ARTICLE II: AIMS AND OBJECTIVES OF ISNA CANADA
The aims and objectives of ISNA Canada shall be to advance the cause of Islam and serve Muslims in Canada to adopt Islam as a complete way of life. Towards this end, it shall:
1. Represent and serve the interest of Muslims in Canada.
2. Present Islam to Muslims and non-Muslims and promote friendly relations and under-standing between them.
3. Procure and develop necessary resources.
4. Develop service institutions to serve Islam and Muslims.
5. Establish appropriate priorities, policies, and plans.
6. Cultivate brotherly/sisterly relations and foster unity among Muslims in Canada, North America and in other parts of the world.
ARTICLE III: MEMBERSHIP AND AFFILIATION
Section 1: Membership
a. At the time of formalization of ISNA Canada, all members of Affiliated Organizations, 16 years and over, mentioned in the Preamble shall automatically become members of ISNA Canada for the first year.
b. Any Muslim, aged 16 years or over, living in Canada who endeavors to practice Islam as a total way of life may become a member of ISNA Canada.
c. Any Muslim, aged 16 years or over, living in Canada may be accorded a term or life membership depending upon the financial contributions to ISNA Canada.
Section 2: Affiliation
1. Organizations mentioned in the Preamble shall be the initial Affiliated Organizations of ISNA Canada on a continuing basis.
2. Any other organization may be affiliated with ISNA Canada, provided that it accepts this Constitution and is able and willing to abide by its provisions, and fulfills the following conditions:
(i) Its aims and purposes are consistent with those of ISNA Canada;
(ii) It has been operating for at least three years and registered as a charitable entity in Canada;
(iii) Its scope of activity and its membership cover Canada;
(iv) Its application for affiliation is approved by the Majlis ash-Shura.
Section 3: Renewal
Membership and affiliation may be renewed for one or more years in accordance with the procedures.
Section 4: Suspension and Expulsion
1. Individual Members:
(i) Upon written charges being brought against any member and upon filing of such charges with the Director General and upon hearing thereof by the ISNA Canada Council in a duly convened meeting, the said member may be suspended or expelled from ISNA Canada.
1. Any member so expelled or suspended and not reinstated, shall have the right to a hearing before a committee of three Majlis ash-Shura members appointed by the Chair of the Majlis ash-Shura, if the member submits a written request to the Chair for such a hearing. An affirmative majority vote of this Committee to annul such expulsion or suspension shall make the Canada Council's decision void.
2. Affiliated Organizations:
(i) Upon written charges being brought against an affiliated organization and upon filing of such charges with the Director General and upon hearing thereof by the ISNA Canada Council in a duly convened meeting, the ISNA Canada Council may recommend to the Majlis ash-Shura that the said affiliated organization be suspended or expelled from ISNA Canada.
(ii) Any affiliated organization recommended to be so expelled or suspended and not reinstated, shall have the right to a hearing by the Majlis ash-Shura in a duly convened meeting. An affirmative majority vote of the Majlis members to approve such expulsion or suspension shall be final.
ARTICLE IV: ORGANS OF ISNA CANADA
1. The ISNA Canada shall have the following organs:
(i) General Assembly
(ii) Majlis ash-Shura
(iii) ISNA Canada Council
(iv) ISNA Canada Headquarters
(v) Service Institutions
(vi) Standing / Functional Committees
2. Relationship among these organs shall be as stipulated in this Constitution and as further defined by the Majlis ash-Shura.
ARTICLE V: GENERAL ASSEMBLY
Section 1: Composition
The Members of ISNA Canada shall constitute the General Assembly.
Section 2: Functions
1. The General Assembly shall elect the President of ISNA Canada[1] for a term of two years. The President may be re-elected for one more term.
2. The General Assembly shall elect the Elected Members of the Continental[2] Majlis ash-Shura for terms of four years in accordance with the provisions of Section 5.1 of Article VI.
3. The General Assembly shall elect the Elected Members of the ISNA Canada Zonal Representatives for terms of two years in accordance with the provisions of Section 5.2 of Article VI.
4. The General Assembly may adopt resolutions, amend the Constitution and, in general, exercise all powers necessary to promote the aims and purposes of ISNA.
Section 3: Meetings
1. The President of ISNA shall call the General Assembly into session every year. Ten percent of the total membership or 50 members whichever is less shall constitute a quorum.
2. The General Assembly shall approve the ISNA Canada report and financial statement.
ARTICLE VI: MAJLIS ASH-SHURA
Section 1: Composition
The Majlis ash-Shura (or Majlis) shall be composed of Elected Members and Ex-Officio Members. The number of Elected Members shall not be less than the number of the Ex-Officio Members at all times. At any time, the number of Members of the Majlis may not exceed eleven.
1. Elected Members:
The Elected Members shall be:
a. Three Members elected directly by Members of ISNA Canada for the National Majlis ash-Shura;
b. Three Members of ISNA Canada Zonal Representatives. The three zones are East, Central and West[3].
c. The President for ISNA Canada.
2. Ex-Officio Members:
The Ex-Officio Members shall be:
1. Heads of three constituent organizations, in Canada, as follows: Muslim Students Association, Muslim Youth of North America, and Canadian Islamic Trust Foundation.
2. One other representative of national organization that agree to abide by the policies and decisions of the Majlis.
Section 2: Qualifications of Elected Members
1. Be an adult, practicing Muslim known for Islamic manners and morals in the community and organizational dealings.
2. Be committed to:
(i) regular participation in educational and training programs;
(ii) regular financial contribution to ISNA.
3. Be involved in Islamic work relevant to activities in Canada, for a minimum of three years.
4. Be a member of ISNA for a minimum of three years.
5. Not be an active position seeker.
Section 3: Functions
The Majlis ash-Shura shall oversee, guide and direct the work of ISNA Canada. For this purpose, it shall in addition to powers delineated in other Articles:
1. The Majlis As-Shura members will be responsible for the administration and management of the budget of ISNA Canada;
2. The Majlis As-Shura will be responsible for developing legislation and regulations (By-laws and operational framework) and policies (guidelines and office procedures);
3. Confirm appointments of members of the ISNA Canada Council;
4. The Majlis As-Shura shall appoint the members of the Personnel Committee. All members of the Personnel Committee shall be the members of or appointees of the Majlis As-Shura;
5. The Majlis As-Shura from time to time shall appoint specific task oriented committees to address society-related programs and objectives. The membership of these Committees need not be from the Majlis As-Shura. Examples of these task groups are Elections, Constitution and Research and Development Committees;
6. Raise funds for the operation of ISNA Canada, authorize the raising of funds by affiliated organizations, and establish necessary procedures for the same;
7. Allocate funds and resources to various organizations, and approve the annual budget of ISNA Canada;
8. Approve the affiliation of organizations to ISNA Canada.
Section 4: Procedures
1. The Majlis ash-Shura shall meet in at least two regular sessions, each year;
2. Decisions of the Majlis shall be made by a simple majority, each member having one vote;
3. The presence of a simple majority of the members at a meeting shall constitute the quorum, provided that this majority includes the simple majority of the General (Elected) Members of the Majlis ash-Shura;
4. The President of ISNA Canada shall be the Chair of the Majlis ash-Shura during his term of office;
5. The Majlis ash-Shura shall adopt its own Rules of Procedures;
6. The Chair shall convene special sessions on his own initiative or at the request of one-fourth of the Majlis ash-Shura members, provided that this one-fourth includes one-third of the Elected Members.
Section 5: Term
1. The term of the Elected Members of the Continental Majlis ash-Shura shall be four years;
2. The term of the Elected Members of the Canadian Zonal Representatives shall be two years;
3. The term of the President for ISNA Canada shall be for two years. Only one re-election is allowed;
4. On the assumption of the office, each member of the Majlis ash-Shura shall pronounce and sign a Pledge of Allegiance to Islam and ISNA as prepared by the Majlis ash-Shura.
Section 6: Suspension and Removal
1. Any member of the Majlis ash-Shura or the President of ISNA Canada may be suspended from office by an affirmative vote of a special committee of three Majlis ash-Shura members appointed by the Chairman, if written charges of a direct violation of this Constitution or gross misuse or misappropriation of funds or obvious damage to the existence or interest of the ISNA Canada are proven to be true;
2. Any official so suspended shall have the right to a hearing by the Majlis ash-Shura at its next regular meeting. The decision of the Majlis ash-Shura to continue suspension, to revoke suspension or to order removal of the said official shall be final.
ARTICLE VII: ISNA CANADA COUNCIL
Section 1: Composition
1. The ISNA Canada Council shall consist of:
a. The President of ISNA Canada,
b. Four other council members, including immediate past President of ISNA Canada as Ex-Officio, appointed by the President of ISNA Canada.
2. The President of ISNA Canada shall be the Chair of the ISNA Canada Council.
3. The qualifications for election or appointment to the ISNA Canada Council shall be the same as those of the members of the Majlis ash-Shura.
Section 2: Functions
The President, with the assistance of the ISNA Canada Council, shall:
1. Implement decisions of the Majlis ash-Shura;
2. Prepare annual budget estimates and expenditure forecasts and submit them to the Majlis ash-Shura for approval;
3. Supervise the operation of the ISNA Canada Headquarters and of functional committees except that of the Personnel Committee;
4. Formulate and initiate specific projects to implement the plans and policies of the Majlis ash-Shura.
Section 3: Procedures
1. The ISNA Canada Council shall hold quarterly meetings and arrive at decisions through consultation;
2. The ISNA Canada Council may establish functional committees as it deems necessary for the performance of its functions;
3. The ISNA Canada Council may adopt its own Rules of Procedure.
ARTICLE VIII: ISNA CANADA HEADQUARTERS
Section 1: Composition
1. The ISNA Canada Headquarters shall have a Director General and a number of Directors to be determined by the Canada Council. The Personnel Committee established under this constitution shall appoint the Director General and the Directors;
2. The Director General shall be the principal administrative officer of the ISNA Canada Headquarters. The Director General shall appoint its staff and relieve the staff, in consultation with the Personnel Committee, and establish operational procedures with the approval of the ISNA Canada Council;
3. The ISNA Canada Headquarters shall include the offices of the affiliated organizations;
4. The Director General shall determine the administrative relationships of the ISNA Canada Office and the Directorates of affiliated organizations.
Section 2: Functions
1. The ISNA Canada Headquarters shall handle the administrative, financial, legal, educational and training activities of ISNA Canada and its affiliated organizations. It shall also be responsible for their publications;
2. The ISNA Canada Headquarters shall conduct day-to-day operations of ISNA Canada and assist the ISNA Canada Council in planning and conducting ISNA Canada activities including its Annual and Zonal Conferences.
ARTICLE IX: SERVICE INSTITUTIONS
Section 1: Conditions of Affiliation
The ISNA Canada may establish or affiliate with any Service Institution provided that:
1. Its objectives are consistent with the aims and purposes of ISNA Canada;
2. Its operations are managed by a duly established Governing Board;
3. The Majlis ash-Shura, in order to maintain adequate supervision, is represented on its Governing Board and is allowed participation in the selection of its Board members;
4. Changes in its constitution and bylaws, to become effective, require prior approval of the Majlis ash-Shura;
5. Its dissolution requires approval of the Majlis ash-Shura.
Section 2: Service Institutions and Majlis
In order to assist in/ensure the proper functioning of Service Institutions, the Majlis ash-Shura:
1. Shall nominate its members or send delegates to the Governing Board of each Service Institution in accordance with its bylaws;
2. May introduce proposals for amending the constitution of any Service Institution in consultation with its Governing Board;
3. Shall set up appropriate procedures for investigating violations of the aims and purposes of ISNA Canada by a Service Institution.
ARTICLE X: FUNCTIONAL / STANDING COMMITTEES
Section 1: Personnel Committee
1. The Personnel Committee shall be a standing committee consisting of the President of ISNA Canada, Chair of the Board of Trustees of the Canadian Islamic Trust Foundation, and one member of the Majlis ash-Shura appointed by it. The duration of their term shall be concurrent with the period of their offices;
2. The Personnel Committee will also include the Director General of the ISNA Canada Headquarters as an ex-officio;
3. The Personnel Committee shall select and appoint the Director General and determine the salary and benefits, according to guidelines established by the Personnel Committee subject to approval by the Majlis ash-Shura;
4. The Personnel Committee, based on the recommendation and report of the Director General, shall select and appoint the Directors and determine their salaries and benefits, according to guidelines established by the Personnel Committee subject to approval by the Majlis ash-Shura;
5. The President of ISNA Canada shall be the Chair of the Personnel Committee;
6. The Personnel Committee shall develop the Office Organization Chart, the Work Descriptions for the office staff, office procedures, the performance review criteria and appraisal forms, benefits and eligibility schedule, and other office operations related manuals;
7. One of the Personnel Committee members shall be identified to provide liaison with volunteers and/or volunteer coordinator.
Section 2: Election Committee
1. The Election Committee shall be a standing committee consisting of a Chair and two members appointed by the Chair of the Majlis ash-Shura with the approval of the Majlis;
2. The Committee shall conduct and supervise all elections required under this Constitution. It shall adopt election procedures which shall be approved and publicized by the Majlis;
3. The Chairman and members of this committee shall serve for a period of two years and may be re-appointed.
Section 3: Functional Committees
Other committees may be appointed by the Majlis ash-Shura, the ISNA Canada Council or the ISNA Canada Office to perform specific functions. Such committees shall advise and assist their appointing bodies.
ARTICLE XI: FINANCES
1. Membership fees, contributions, donations, and other legitimate sources shall finance ISNA Canada. The acceptance of such funds shall be consistent with the aims and purposes of ISNA Canada.
2. The ISNA Canada Council shall convey in trust the investments, funds, business ventures, real properties, and any other assets of ISNA Canada to the Canadian Islamic Trust when such assets are located in Canada. Similarly, other affiliated organizations may convey in trust their properties to the Canadian Islamic Trust Foundation (CITF);
3. Fiscal year shall begin on January 1 and end on December 31.
ARTICLE XII: DISSOLUTION
In the event of dissolution of ISNA Canada, the Majlis ash-Shura shall, after paying or making provisions for the payment of all the liabilities, dispose of all the assets of ISNA Canada exclusively to the Canadian Islamic Trust Foundation, as applicable.
In case of the non-existence of the Canadian Islamic Trust Foundation, first disposal shall be made to one or more of the affiliated organizations, and then to an Islamic organization organized and operated exclusively for religious, cultural, charitable, educational, or scientific purposes as shown at the time qualified as an exempt organization or organizations under the then existing Revenue Canada Code or the corresponding provision of any future Revenue Canada Law, as the Majlis ash-Shura shall determine. Any such assets not shown as disposed of, shall be disposed of by the Court of Common Pleas of the County in which the principal office of ISNA Canada is then located exclusively for such Islamic organizations as said Court shall determine.
ARTICLE XIII: AMENDMENTS
1. Amendments to the Constitution shall be submitted in writing to the President of ISNA Canada not less than sixty days prior to a General Assembly meeting;
2. The Majlis ash-Shura, after approving the proposed amendment by a majority of two-third vote, shall present it to the General Assembly during the next meeting;
3. All amendments shall require the approval of a two-thirds majority of a duly held General Assembly Meeting.
[1] The North America wide election for ISNA Vice President for Canada, based on votes of members in Canada, shall assume the office of ISNA Canada President.
[2] The Continental ISNA body is defined as the North America wide election process. Only ISNA Canada members shall vote for this position.
[3] The geographical boundaries of the three zones are: East Zone – Province of Ontario except the Greater Toronto Area and Eastern Provinces; Central Zone – all points within the Greater Toronto Area (defined by area codes 416 and 905); and, West Zone – Provinces and Territories west of Ontario.
