Facts
The Constitution
Preamble
We, the Muslims of North Carolina State University have agreed to and have adopted the present constitution as the constitution of the Muslim Students Association hereinafter called the MSA.
Basic Law
The MSA is an Islamic Organization. Its aim is to please Allah (SWT). All its laws, activities and means shall not contradict with the teachings of Quran and the Sunnah of Prophet Muhammad (PBUH) according to the understanding of the people of the Sunnah and Jamaah.
ARTICLE I - Aims and Purposes
Section 1
The aim and purpose of the MSA is to serve the best interest of Islam and of
the Muslims of North Carolina State University. Towards this end, the MSA shall:
1) Promote unity and joint action among the Muslims.
2) Conduct religious, social, cultural, and other activities in the best traditions of Islam.
3) Arrange and hold congregational prayers and Islamic religious festivals at appropriate times.
4) Promote friendly relations between Muslims and non-Muslims.
5) Endeavor to make Islamic teachings known to interested non-Muslims.
6) Provide Islamic education for Muslim students through Lectures, Halaqahs etc.
7) Act as a support group for Muslim students.
Section 2
The MSA shall be a non-profit, religious organization, the fundamental purpose of which shall be to encourage and enable Muslims with basic knowledge and competence in Islam to contribute individually and collectively toward meeting human needs in conformity with Islamic doctrines and belief. It shall also be the purpose of the MSA to avoid any practices which are contrary to Islam, and to create a feeling of brotherhood.
ARTICLE II - Affiliation
Section 1
The MSA shall be affiliated with the Muslim Students' Association of the United States and Canada.
Section 2
The MSA may not undertake any activity that violates the Islamic standards of the constitution and by-laws of the MSA of the USA and Canada. In the case of any such violation, the President of the MSA of the USA and Canada may send a representative to mediate. If a solution is not reached the Executive Committee of the MSA of the USA and Canada may dissolve the Shura of the MSA and supervise a new election.
Section 3
The Executive Committee of the MSA of the USA and Canada may revoke any decision of the Shura of the MSA if at least twenty-five percent of the members of the MSA so demand it from the MSA of the USA and Canada. Such a demand should be in writing, signed, and notarized.
Section 4
The MSA of the USA and Canada may send a representative to supervise the election of the Shura of the MSA.
ARTICLE III - Membership
Section 1
The membership of the MSA shall consist of "voting members," "honorary members," and "associate members." These members constitute the General Body of the MSA.
Section 2
A "voting member" shall be any Muslim student, staff, or faculty member who has paid the required dues, wishes to be a member of the MSA, and agrees to obey the constitution and the generally accepted practices of the MSA. A voting member is eligible to vote in elections.
An "honorary" member shall be any non-Muslim student, staff, or faculty member interested in the MSA and the Islamic activities. An honorary member shall not be eligible to vote in elections.
An "associate member" shall be any Muslim outside the University, who has paid the required dues, wishes to be a member of the MSA, and agrees to obey the constitution and the generally accepted practices of the MSA. An associate member shall not be eligible to vote in elections.
Section 3
Membership dues must be paid on a yearly basis. The dues collected will be used for events, which include lectures, seminars, social events, etc. The membership year begins in August and ends in May.
ARTICLE IV - Office Bearers
Section 1
The affairs of the MSA will be managed by an executive committee known as the "Majlis-e-Shura" henceforth referred to as the Shura.
Section 2
The Shura shall consist of nine elected members. These shall be President, Vice-President, General Secretary, Treasurer, Social Coordinator, Da'wah Coordinator, Designer, Advertising and Publications Secretary, and a General Activities Coordinator. If the Designer is not able to, the President shall appoint someone to manage the web site. If the Secretary is not able to, the President shall appoint someone to send emails to the general body.
Section 3
The term of the Shura shall be one academic year.
Section 4
The President shall be responsible for:
a) The general management of all the activities of the MSA.
b) Directing and coordinating of all the activities so as to achieve the purpose of the MSA.
c) Calling and presiding over meetings of the Shura and the General Body.
He should be able to act as mediator to maintain order, organization and focus.
d) Ensure the formation of various Ad Hoc committees of the Shura.
e) Directing and supervising the activities of the various committees.
f) Authorizing funds and expenses of the MSA in accordance with the
Treasurer as defined in Section 8 of Article V.
g) Presenting written reports on the progress of the MSA quarterly and at the annual meeting.
h) Being the spokesperson, representative, and correspondent for
the MSA in external activities in the absence of the Advertising
and Publications Secretary
i) Being available to both Shura members and General Body members
by responding to their concerns in a timely manner and acknowledging
and resolving valid concerns brought to him / her.
j) Representing the MSA as a liaison to the Masjid.
k) Establishing an efficient link between the MSA and the MSA of
the USA and Canada by his active involvement.
l) Suggesting available speakers and organizers from the
members of the MSA to the MSA headquarters.
m) Ensuring Student Government and Union Activities Board meets MSA needs.
Section 5
The Vice-president shall be responsible for:
a) Carrying out the management of the activities in the chapter,
in the absence of the President.
b) Follow up with tasks assigned to Shura members.
c) Temporarily assuming the functions of the President on his
request or in the event that the President is incapacitated. In
the latter case, the Vice-president shall assume Presidency for
the remaining period of the term.
d) Analyze events and activities and give feedback to the President.
e) Review quarterly and annual progress reports prepared by the President
SECTION 6
The General Secretary shall be responsible for:
a) Reporting the important events and activities of the MSA to the
MSA headquarters periodically.
b) Preparing, maintaining and circulating within 3-4 days, but before
the next meeting, the minutes of all the Shura and General Body meetings.
c) Preparing the agenda for the Shura and General Body meetings in coordination
with the President and notifying the members of the Shura and the General Body,
respectively, of it.
d) Maintaining the list of members and the volunteers for various
committees and functions of the MSA.
e) Keeping the MSA registered as a student organization with North
Carolina State University.
f) Keeping the MSA registered as a non-profit religious
organization with the State of North Carolina.
g) Presiding over the Shura meetings when both the President and
the Vice-president are absent.
h) Presenting at the beginning of every Shura and General Body
meeting the minutes of the previous meeting for approval by the Shura / General Body.
i) Preparing a list of members eligible to vote in the election. This list shall
be ready at least 30 days before elections.
j) Maintaining email communication between the Shura and the General Body.
k) Maintaining the MSA mailbox on and off campus.
Section 7
The Treasurer shall be responsible for:
a) Maintaining the record of all the financial transactions of the MSA. He/she shall be
responsible for systematic upkeep of books and writing disbursements, receipts,
bank reconciliation reports, and showing of increase of funds in statements to be made public.
b) Collecting and depositing all the funds received on behalf of the MSA.
c) Countersigning withdrawal checks on behalf of the MSA in accordance with Article V, Section 8.
d) Preparing the annual budget of the MSA for the next fiscal year in consultation with
the newly elected Shura and presenting the same before the next General Body meeting
following his/her election.
e) Presenting before the Shura a quarterly report on the status of the MSA financial
affairs, including in it anonymous donations and total donations received by the MSA.
f) Attending and representing the MSA at the International Activities Council (IAC).
g) Reviewing and authorizing all events or activities that require an expenditure
of MSA funds of the amount greater than $150.
h) Preparing and analyzing proposed budgets for all events within their term and
update as necessary, this budget should be compared to and balanced with current budget.
i) Devise and execute means of obtaining MSA funding through sales and donations.
Section 8
The Social Coordinator shall be responsible for:
a) Directing and supervising all arrangements for social programs
that do not occur on a regular basis.
b) Informing the members about the time, place, and details of social
events through the Advertising and Publications Secretary.
c) The Social Coordinator must form an ad-hoc committee with the permission of
the Shura to plan events. This committee will be governed by the rules set forth in Article VI.
d) Reserve locations and obtain supplies with approval of Treasurer.
Section 9
The Activities Coordinator shall be responsible for:
a) Creating and maintaining the regular activities of the MSA
(i.e. Prayer Room, Sports activities, etc.)
b) Assisting the Social Coordinator in planning MSA events.
c) The Activities Coordinator must form an ad-hoc committee for each
regular activity with the permission of the Shura to plan events. This
committee will be governed by the rules set forth in Article VI.
d) Reserve locations and obtain supplies with approval of Treasurer.
Section 10
The Da'wah Coordinator shall be responsible for:
a) Directing and supervising all arrangements for the Da'wah table.
b) Preparing an agenda, reserving a location and speaker for a regular education meeting.
c) Informing the members about the time, places, and details of the Da'wah table and Da'wah
events through the Advertising and Publications Secretary.
d) Responsible for planning, preparing and executing Islamic Awareness Week on a yearly basis.
e) The Da'wah Coordinator must form an ad-hoc committee to plan and
organize events. This committee will be governed by the rules set forth in Article VI.
Section 11
The Advertising and Publications Secretary shall be responsible for:
a) Circulating the MSA's publications with the help of the campus representatives, if any.
b) Editing and publishing literature on behalf of the MSA.
c) Sending a copy of each major publication to the MSA headquarters.
d) Maintaining contacts with the media (NC State radio, WRAL, Technician, etc) and other
organizations (IAR, MAS, IDSA, etc) in order to promote the MSA's events and to promote Islam.
e) Acting as the official spokesperson for the MSA at events and meetings.
f) Forwarding appropriate information to General Secretary for propagation to the General Body.
g) The Advertising and Publications Secretary must form an ad-hoc committee to present
and distribute infomation. This committee will be governed by the rules set forth in Article VI.
Section 12
The Designer shall be responsible:
a) Preparing circulars, banners and bulletins and presenting them to the Advertising and
Publications Committee.
b) Managing the MSA web site and updating it with current information.
c) Designing the annual MSA T-shirt and presenting the design to the Shura.
d) Preparing digital banners for events and activities for posting to the MSA website.
d) Preparing and maintaining any form of advertising design for the MSA or MSA related activities.
e) The Designer shall serve on the Advertising and Publication Committee
Section 13
The decision on every matter (except religious) in the Shura meeting shall be reached in a parliamentary way, with each member of the Shura present in meeting voting on the matter. The person presiding over the meeting shall not vote except in the case of a tie, in which case his vote will decide the matter. The members not attending the meeting shall not be able to vote on any issue. If the matter of discussion is religious, the appropriate religious ruling on it will be sought from a trustworthy scholar the Shura agrees on. Decisions made in a previous meeting of the Shura shall be honored unless the Shura unanimously agrees to change the decision.
Section 14
The Shura may invite past Shura member(s) and/or any other member(s) to a Shura meeting in order to know the history of the past decisions and/or to seek their views on the items on the agenda of the meeting. However, none of the invitees shall have the right to vote on any Shura decision.
Section 15
There shall be written protocols for the Shura that can be edited only by
a majority vote of the Shura that shall be available online and stored on
the MSA server.
[Added 9/17/2006]
ARTICLE V - Finances
Section 1
Membership dues shall be determined by the Shura at the beginning of each school year.
Section 2
Annual membership dues shall not be increased more than 25% (twenty-five percent) in any year, without the approval by the majority of the members of the MSA.
Section 3
Any member whose dues are three months or more in arrears after the beginning of the fiscal year shall lose all membership privileges. Furthermore, in order to vote in the elections the member shall have paid his/her dues before the elections. Privileges cannot be forfeited unless the member has been notified in writing a month in advance regarding his/her failure to pay the dues and the possible effects thereof if not cleared in a month.
Section 4
The Shura may accept any contributions in any form, from any source, consistent with the purposes of the MSA and with the principles and jurispudence of Islam.
Section 5
All funds collected for a specific cause shall be used for that cause unless a 2/3-majority vote of the Shura authorizes its use for a different purpose within the goals and objectives of the MSA (as long as it does not violate the Shariah). The funds diverted to another purpose will not exceed $1500.
Section 6
The MSA shall maintain an interest-free checking bank account for its current expenses and an interest-free account for its scholarship funds.
Section 7
All check withdrawals from the Checking Account shall be signed by two people. The Treasurer, the President and the Vice-President are authorized to sign checks.
Section 8
The President, Vice-President and Treasurer shall not authorize expenditure of more than $350 on a single expense without the approval of the Shura.
Section 9
The Shura shall nominate as auditors for the following fiscal year, two members who shall not run for posts in the Shura for the year and who have basic knowledge and understanding of accounting and audit procedures. The auditors shall audit the MSA accounts continuously and submit an annual report to the Shura and a final report to the General Body.
ARTICLE VI - Ad Hoc Committees
Section 1
The General Body of the MSA during a General Body meeting and/or the Shura at any other time may appoint an Ad Hoc Committee in order to carry out an assignment. The tenure of these committees may vary from a fraction of an hour to up to the term of the Shura, depending upon the nature of the assignment. The assignment given to the Ad Hoc Committee shall be precisely defined in a memorandum from the Shura to the Ad Hoc Committee, a copy of which shall be posted on the MSA web site. The limit on the expenditure, if any, that may be incurred in carrying out the assignment, shall be specified in the memorandum.
Section 2
The Chairperson of the Committee shall be appointed by the Shura and shall call, preside over, and adjourn the Committee meetings and plan and conduct the Committee's work.
Section 3
No person shall be the Chairperson of more than two Ad Hoc Committees at the same time.
Section 4
The Committee shall be allowed to continue its work uninterrupted by anybody till it completes the assignment for which it was formed. Only the President of the MSA or Chairperson of the Committee shall dismiss the Committee after the assignment has been accomplished and he/she has submitted to the President a report to that effect.
Section 5
The recommendations of the Committees shall be presented before the Shura and voted on before being put into action.
Section 6
Each Committee shall have a fixed number of members and will not be open.
Section 7
The Committees cannot by-pass the Shura in calling General Body meetings.
ARTICLE VII - Meetings
Section 1
The MSA shall have at least one General Body meeting during the semester.
Section 2
An emergency meeting of the Shura may be called by a petition signed by 10 or 10% (ten or ten percent) of all members, whichever is larger. Such a meeting shall be held within a week after the written petition is presented to the President.
Section 3
The Shura shall meet at least once every month at such a time and place as is most convenient and suitable to most of the Shura members. Shura meetings will be open to any member of the MSA.
Section 4
The President may call Shura meetings in addition to the regular monthly meetings whenever he considers it necessary.
Section 5
Written or printed notice of a General Body meeting shall be mailed to all the members of the MSA at least two weeks prior to the date of the meeting.
Section 6
An emergency Shura meeting may be called at the request of at least 1/3 of the Shura members. Such a meeting shall be held within one week after the written request is made to the President.
Section 7
The presence of one-half of the members of the Shura members shall constitute a quorum for a Shura meeting.
ARTICLE VIII - Amendments
Section 1
A proposal for amendment(s) shall be signed by ten members or ten percent of the members; whichever number is larger, and submitted to the General Secretary who shall mail the proposal to the members, after being authorized by the Shura. A General Body meeting shall be called within a short period (no more than a month) after the receipt of the proposed amendment(s).
Section 2
An affirmative vote by 2/3 of the members present shall be necessary for the adoption of all amendments.
Section 3
The quorum requirement for voting on amendments shall be 50% (fifty percent) of the total members.
Section 4
If 50% (fifty percent) of members are not present in a General Body meeting called for voting on the proposed amendment(s), another General Body meeting shall be called for the same purpose within four weeks after the meeting, in which the quorum requirement as stated in Section 3., of this Article shall be waived and the proposed amendment(s) shall be discussed and adopted by a 2/3 majority of the members present.
Section 5
Amendments to any of the following sections may not be valid without the prior
proposal or the later confirmation of the Shura of the MSA of the USA and Canada.
These sections are:
1) The Basic Law
2) Section 2 of Article I
3) Section 5 of Article VIII.
ARTICLE IX - Judiciary Procedures
Section 1
Charge(s) of misdemeanor, misappropriation of funds, fraud, corruption, violation of the constitution, cover-up of such offenses, etc., can be brought against a member or a group of members by a petition signed by at least 10 or 10% (ten or ten percent) of total members, whichever is larger. The petition shall be handed over to the President. If the petition is against the President, it will be handed over to the Vice President who will then present it to the Shura.
Section 2
The Shura shall meet within two weeks of receipt of the petition in order to set up a panel to hear the charge(s).
Section 3
The panel shall consist of three Shura members and three other members outside the Shura. The member or the group of members against whom the charge(s) has (have) been brought shall have the option of picking by random drawing three names from a basket containing the names of all the members of the MSA and, the Shura members who will serve on the panel shall be picked in a similar way.
The person(s) against whom charge(s) has (have) been brought does (do) not qualify to be on the panel. The member shall have been a member for at least six months to serve on the panel.
Section 4
The Chairperson of the panel will be a Shura member and will be appointed by the Shura.
Section 5
If the person(s) accused refuse(s) to exercise the right to draw the names of members on the panel, the President or his/her replacement shall draw the names in the presence of the Shura.
Section 6
The Chairperson of the panel shall fix the time for the first session of the panel within two weeks after the formation of the panel and shall notify, in writing, the panelists at least one week before the scheduled session.
Section 7
The panel shall hear the charge(s) as well as witnesses from both sides, examine all evidences, pass a verdict of "Guilty" or "Not Guilty", and determine punitive and/or corrective measures. If the panel finds clear evidence of criminal violation according to State and/or Federal laws, it may recommend to the General Body to consider the possibility of legal suit against the person(s) accused, if a solution is not found within the framework and by-laws of the MSA.
Section 8
The panel shall submit a detailed report on their findings and actions to the Shura.
ARTICLE X - Elections
Section 1
Annual elections shall be held in the month of April, in order to elect the Shura for the following academic year.
Section 2
The elections shall be conducted by an Election Committee comprising three
MSA members not running for shura, nominated by the Shura.
[Amended 9/17/2006]
Section 3
The nomination for the elections must reach the Elections Committee two hours before the specified time for election. The exact time of elections shall be announced by the Election Committee at least two weeks prior to the elections.
Section 4
The nominators as well as the seconders of the nominations shall be members of the MSA.
Section 5
The final ballot must consist of a minimum of four brothers and four sisters. There may be more of each so long as the minimum requirement is met.
Section 6
No Shura member shall hold the same post for more than two consecutive terms.
Section 7
The newly elected Shura shall assume the charge of the MSA
on the first day of the following academic year,
but shall begin working with current shura
within one week of elections.
[Amended 9/17/2006]
Section 8
The election officers shall not campaign in favor of or against any candidate from two hours before the election till the end of the election.
Section 9
All the election officers shall have the right to vote as members.
Section 10
The ballots shall be counted by the election committee.
[Added 9/17/2006]
Section 11
Only paying members are allowed to vote, and only paying members are allowed to be nominated
[Added 9/17/2006]
Section 12
There shall be an election protocol, generally available, that consists of protocols
for shura elections. The protocol can only be changed by a majority vote of the shura.
[Added 9/17/2006]
Section 13
Previous shura is the sole nominator for the President and Vice-President of new shura,
and will be voted by a yes nay majority vote. Old shura members who are running for new
shura are allowed to vote, as is the person running for President. This process will
occur after old shura and new shura discuss possible candidates.
[Added 9/17/2006]
Article XI - Miscellaneous
Section 1
The MSA shall be registered as a Non-Profit, Religious Organization in the State of North Carolina. It shall be the responsibility of the General Secretary to do all the necessary paper work in order to keep the registration active.
Section 2A
The quorum requirement for a General Body meeting and its deliberations except for voting on amendments to the Constitution shall be one-third of total members in the MSA. It shall be the responsibility of the person presiding over a General Body meeting to check the quorum requirement before beginning the meeting. At any time during the meeting if it is pointed out by a member that a quorum requirement is not met, the meeting shall be adjourned.
Section 2B
If the quorum requirement as specified in Section 2A in this Article is not fulfilled in a meeting, another General Body meeting shall be called for the same purpose within a month after the meeting in which there shall be no quorum requirement for voting on matters which were to be voted on in the previous meeting.
Section 3
A member presiding over the Shura meeting, General Body meeting or any Ad Hoc Committee meeting shall have no right to vote on any issue in the meeting except in the case of a tie.
Section 4
A Shura member other than the President, who has failed to attend two consecutive Shura meetings without being excused by the President prior to the meetings, shall be asked to give his/her explanation for the absence in writing. If he/she fails to do so or if his/her explanation is not satisfactory to the Shura, the latter shall consider his/her dismissal from the post he/she is holding. The Shura shall grant him/her a hearing to enable him/her to defend his/her explanation for absences. If he/she refuses to appear before the Shura within a period of two weeks, the Shura shall decide the appropriate action to be taken.
The President shall give to the Shura his/her reasons for his/her failure to attend Shura meetings. If the Committee does not find his/her explanation for having missed two consecutive meetings to be satisfactory, the Vice-president shall recommend his/her dismissal from his/her office. The Shura shall grant him/her a hearing to enable him/her to defend his/her explanation for the absences. If he/she refuses to appear before the Shura within a period of two weeks, the Shura shall decide the appropriate action to be taken.
Section 5
In case of ambiguity regarding the interpretation of any sections of the constitution or possible conflict between two or more sections, the interpretation of the Shura to clarify such ambiguities or resolve the conflict shall be final.
Section 6
A member of the Shura or any Ad Hoc Committee or an auditor who is indicted or arrested or against whom a trial is pending in a State or Federal Court shall be immediately and automatically suspended from his/her office till he/she is acquitted. If he/she is convicted after all appeals, if any, he/she shall be expelled from his/her office.
Section 7
If a member of the Shura resigns or moves away from the area or is dismissed, the Shura shall co-opt a member to fill the vacated office.
Section 8
A Muslim who desires to talk to the General Body shall seek the consent of the Shura and announce it one week before he/she intends to do so. If there is more than one Muslim desiring to address the General Body, the President shall schedule their talks. A Muslim desiring to address the General Body who has not sought consent for the purpose a week earlier shall be allowed to do so if none is scheduled to talk for the day, or may be permitted by the Shura to address the General Body on a lower priority basis if some other talks(s) is (are) already scheduled.
Section 9
Each member shall attempt to avoid discussion of controversial issues that may hurt the feelings of a member or group of members as well as exercise tolerance and respect for the right of other members to their opinions.
Article XII - Constitution Adoption and Enforcement
Section 1
The Constitution shall be adopted and in force, effective immediately after it has been signed by a simple majority of the total members of the MSA.
ARTICLE XIII - Dissolution
Section 1
If a situation arises which makes the dissolution of the MSA inevitable, the Shura shall call upon the MSA of the USA and Canada to handle the process of dissolution with the assistance of the Shura. Any assets, which are left after meeting all liabilities, shall be transferred to the Muslim Students' Association of the USA and Canada.
Ratification
We, the undersigned, acting as official representation of the Muslim Students' Association of the USA and Canada / North Carolina State University Chapter, hereby declare that on this day, the 23rd of November, 1999, this document sets forth the formal organizational structure of the MSA of USA and Canada / North Carolina State University Chapter and shall hence be considered the principal governing law of the MSA.
