ABAT Constitution

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Ahlul Bayt Assembly of Tanzania

Constitution of the Ahlul Bayt Assembly of Tanzania


ABAT 2014

Constitution of Ahlul Bayt Assembly of Tanzania


Ver

Date.

Description.

Approval/ Change.

0.1

Feb 16

Initial Draft to Committee


Members

0.2

Feb 17

Comments from Committee


members.

0.3

Mar 21

Incorporate input from


Members

0.4

April 18

Final Release and Adoption

1.0

TBD

Adopted as amended by
General Assembly

Action/ Comments

To be send to
Founder Members

Adoption at
constitutional
Meeting

Approval Required
By

Comments

Interim Committee

Unanimously Adopted

Given/ Not Given

Date

General Assembly
Resolution for adopting the Constitution
Preamble:
-recognizing the need for a common forum for Shia Institutions
-recognizing the need for cooperation of our organizations
-recognizing our common aim of serving the Imam of our Time (ATF)
-recognizing the need to spread the message of Ghadeer and the Cry of Karbala
-recognizing the need to play active role in the peaceful social-political development of our
homeland
-recognizing the need to uplift the social- economic status of believers
-recognizing the obligation to help the poor and needy in the society

We
the religious institutions who have appended our names and signatures hereby declare to
have adopted the constitutions of Ahlul Bayt Assembly of Tanzania and promulgate the same
as the valid and legally binding constitution of the said organization.

Constitution of Ahlul Bayt Assembly of Tanzania


1.

Name:
The name of the organization shall be Ahlul Bayt Assembly of Tanzaniatherein after
referred to as the Assembly

2.

Address:
The permanent address of the organization shall be P.O.Box ... ... ... ...

3.
3.1

Aims and Objectives:


Aims:
(i)

The aims of the Ahlul Bayt Assembly of Tanzania shall be to coordinate activities
of its member organization and act as a forum of discussion for the advancement
of the aims and objectives of the individual member organization.

(ii)

Shall act as exchange centre for information on members activities, opportunities


available, and funding sources as well as in other sectors as may be determined by
the members.

(iii) Shall channel resources, human and otherwise;opportunities, funding and


otherwise; and find common ground in various projects with a view to developing
skills and productivity; amongst members.
(iv)

The Association shall not interfere in the internal affairs of the member
organization

(v)

Prepare a comprehensive database to efficiently and strategically facilitate its


objectives.

3:2

Objectives:
3:2:1. Education: (i)

Develop/assist in developing common syllabus for Islamic Studies and identify/


develop suitable text for teaching of Islamic Studies at various levels

(ii)

Assist in professional development of teachers in academic as well as Islamic


studies.

(iii) Develop/assist in coordination and sharing of resources and information amongst


members institutions
(iv)

Arrange for annual meeting of the Heads of School, exchange of staff and visits

(v)

Any other activity to enhance educational needs and performance of the member
organization

3:2:2. Tabligh: (i)

Establish and maintain database of Mubaligheen and contacts of institutions

(ii)

Develop/assist in developing the strategic strengthening of hawzas and


madrasasmaterially and non materially like wise

(iii) Arrange refresher courses and upgrade courses as may be necessary


(iv)

Coordinate the sharing of resources and information amongst members


institutions

(v)

Facilitate the sending of Mubaligheen to institutions with needs from those with
surplus especially during months of Ramadhan and Muharram

(vi)

Any other activity to enhance tablighi needs of the member organizations.

3:2:3. Welfare and Humanitarian Services: -


(i)

Sharing of resources and activities information amongst members institutions


especially during the month of Ramadhan

(ii)

Concentrate its effort on needy Shia as priority

(iii) Assist in coordinating/developing provision for Shia widows, orphans, poor and
disabled, social and educational needs especially higher education.
(iv)

Establish employment bureau for Shia unemployed

3:2:4. Media and Public Relation: -

(i)

To foster positive and constructive relations and dialogue with other madhahib,
non-muslims, governmental and non-governmental sectors

(ii)

Publicly address Muslim and human matters, both local and international,
through the media - forming a voice representing the principles, path and values
of Islam.

(iii) iii - To enhance Tabligh through the use of media (electronic, TV, Radio, Print) by
assistance in coordination and empowerment of resources and member
institutions to use and apply media technology and broadcasting


4.

Membership:
(i)

There shall be two categories of membership:

Ordinary Members

Honorary Members: granted by the General Meeting on recommendation


from the Executive Council to those outstanding personalities who have in
one way or other helped the Shia cause as described in the aims and
objectives.

(ii)

Ordinary Membership shall be open to Shia Institutions followers of 14 Ahlulbayt


only

(iii) Membership must be applied in writing, accompanied with the institution's


constitution, which has been registered under the law of land, and recommended
by at least two current registered members of Assembly.
(iv)

Members are expected to be a financially responsible, trustworthy and reputable


organization, dedicated to work in fields of Tabligh, Education and Social welfare.

(v)

The Executive Council after due consideration may forward their recommendation
to the General Assembly

(vi)

If an application is rejected, the Executive Council and/or the General Assembly


shall not be obliged to explain the reasons for the rejection. The applicant may
however reapply after a lapse of one year.

(vii) Subscription: shall be payable as follows:

Entrance Fee: - 150000/= (Tanzanian Shillings) For Ordinary Members

Annual Fees:- 200000/= (Tanzanian Shillings) For Ordinary Members


These rates may reviewed and amended by the Executive Council from time to
time.

(viii) Subscription is payable on the 1st of January of every year, but not later than 3
months, after which a member shall be declared in arrears.
(ix)

Any member falling into arrears loses the rights associated with membership

(x)

Honorary Members shall enjoy all rights and privileges of membership including
participations at General Meetings but shall not be able to vote and be elected

(xi)

Every member institution shall be represented by no more than two persons


representing that body at the AGM, but shall have one vote only with the
exception of the Tanzania Committee which represents the majority of the

Shia,which shall be represented by no more than four persons representing that


respective body and will have two votes
5.

Organization:

The Ahlul Bayt Assembly of Tanzania shall be organized as follow: (a)

A Patron.

(b)

A Board of Trustees

(c)

Council of Ulama (Shura)

(d)

Executive Council.

(e)

The General Assembly.

6.

The Patron:

(i)

Shall be proposed by the Executive Council and approved by the AGM and shall
hold the position for a period of three years. He/she may be reappointed.

(ii)

The patron will provide consultative functions when called upon and also serve as
symbolic head.

(iii) The patron may be invited by the chairman to attend any meeting as an observer

7.

General Assembly:
(i)

There shall be meeting of the General Assembly know as Annual General Meeting
(AGM) of all registered members within three months of the end of every financial
year. The Secretary shall issue a twenty one-day notice to all members giving the
agenda, date, time and venue where the meeting shall be convened.

(ii)

Chairman and Secretary of the Council of Ulama shall also be members of the
General Assembly with voting rights.

(iii) The Agenda for the AGM shall be as following:

Chairmans Annual Report

Confirmation of the minutes of the previous Annual General Meetings

Receive and adopt DepartmentReports

Receive and take note of the member institution report

Receive report from the Council of Ulama

Deliberation and adoption of the annual audited accounts.

Deliberate and approve the annual budget for the ensuing year

Election of the members of the Executive Council when due.

Appointment of Auditors

Deliberate on any agenda or motion presented by the Executive Council

Any other Business

(iv)

The quorum for the General Assembly shall be 25% of all voting members.

(v)

In case of failure to get a quorum, the meeting shall reconvene after half an hour.
Members present shall constitute the quorum and proceed to dispose the agenda

(vi)

The Chairman and the Secretary of the Executive Council shall be the Chairman
and the Secretary of the General Meetings.

(vii) The decision of the General Assembly on any issue shall be final

8.

Voting:
(i)

All voting shall be conducted by raising hands unless any members requests a
secret ballot.

(ii)

Proxy voting at Annual General Meetings, Special General Meetings and


Executive Council Meetings and Executive Council Meetings shall only be
allowed if the proxy is given in writing specifically mentioning the giver and the
proxy.

9.

Special General Meeting:


(i)

The Executive Council or the Board of Trustees may convene a special General
Meeting by issuing a two weeks notice to members stating the agenda, date, time
and venue of the meeting.

(ii)

Members may petition for Special General Meeting by requiring the Secretary to
call such a meeting within two weeks with a specific agenda, provide that such a
petition is signed by at least 25% of all voting members.

(iii) In case of the failure of the Secretary to fulfill obligations in 9(ii) the Board of
Trustees shall do so with in a month of the petition.
10. The Board of Trustees:

(i)

There shall be a board of Trustees consisting of five members. The number of


Trustees at any time shall not be below three.

(ii)

Members of the Board of Trustees shall hold office for a four- year term and may
be subsequently re- elected.

(iii) Once elected members will elect amongst themselves a Chairman


(iv)

The Chairman of the Executive Council shall be ex-officio member of the Board,
but shall not vote.

(v)

The Board of Trustees shall be registered with the Administrator General's office
under the Laws of Tanzania CAP 435 as "Registered Trustees of Ahlulbayt
Assembly of Tanzania".

All documents so endorsed by the Board of Trustees shall bear a Board seal and signature of
at least two trustees and shall quote the relevant clause/ minutes authorizing the same.
11. Function of the Board of Trustees:

(i)

The Board of Trustees shall meet whenever necessary but at least once a year.

(ii)

The Chairman of the board of Trustees or the Chairman of the Executive Council
or any two trustees may request a meeting.

(iii) All immovable properties acquired by Ahlul Bayt Assembly of Tanzania shall be
vested in the Board of Trustees.
(iv)

The Chairman of the Board of Trustees shall have a deliberative as well as a


casting vote.

(v)

The Board of Trustees shall not dispose of any immovable property of the Ahlul
Bayt Assembly of Tanzania in any manner without the approval of the General
Assembly.

12. Vacancy in the Board of Trustees:


(i)

There shall be a vacancy in the Board of Trustees if a member: -

Resigns

Becomes bankrupt

Becomes insane

Dies or is incapacitated

Permanently leaves the country

Misconducts himself to such low moral turpitude that his continued membership
becomes a source of embarrassment to the Ahlul Bayt Assembly of Tanzania

(ii)

Such a vacancy shall be filled at the next Annual General Meeting.

13. The Executive Council:


(i)

There shall be an Executive Council consisting of the following: -

(a)

Chairman

(b)

Vice- Chairman

(c)

Secretary

(d)

Treasurer

(e)

One Department member to represent the department

(f)

Two representatives from the council of Ulama

(g)

The immediate past Chairman.

(ii)

The Executive Council shall hold office for a period of four years and members
may be re-elected. The Chairman may not be re-elected after a second
consecutive term.

(iii) All elected members of the Executive Council must be bona fide members and
representatives of the member organization
(iv)

In case a vacancy arises in the Executive Council, the Executive Council shall
appoint a member to complete the term of office

14. Functions of the Executive Council:

(i)

It shall be the responsibility of the Executive Council to conduct all day to day
running of the Organization

(ii)

Implementation of the aims and objectives of the organization

(iii) To solicit funds in cash or kind


(iv)

The Executive Council shall meet as often as necessary but not lead than once
every quarter

(v)

The quorum shall be formed by three plus one member

(vi)

Any other function directed by the General Assembly

(vii) The Executive Council may form committing, ad- hoc committee's and sub
committees to assist it in any task
(viii) The Executive Council may employ staff to assist in its day- to-day function as and
when necessary.

15. The Chairman:

(i)

The Chairman shall be the Chief Executive of the Organization and shall chair all
meetings of the Executive Council.

(ii)

Shall have a deliberative as well as a casting vote

(iii) Shall coordinate the activities of all the Departments

16. The Vice- Chairman:


(i)

Shall assume the responsibility of the Chairman in his absence

(ii)

The Chairman may delegate to him any responsibility.

17. The Secretary:


(i)

Shall take minutes of all the meetings and keep such records

(ii)

Shall enter into correspondence as per general directions of the Chairman and the
Executive Council

18. The Treasurer:

(i)

Shall receive and record all monies received by him

(ii)

Shall release monies for various expenditures as per approved budget

(iii) Shall prepare a financial statement to be presented at Executive Council meetings


(iv)

Shallprepareannualaccountstobepresented to the AGM after being audited

(v)

Shall prepare the proposed annual budget for the subsequent year.

19. Departments:

(i)

There shall be four Departments wiz: Tabligh, Education, Media & Public
Relation and Welfare and Humanitarian Affairs. Each Department shall have
members from all institutions that run activities relevant to that department

(ii)

The term of office for every Departments committee shall run concurrently with
the Executive Council term of office

(iii) The Executive Council shall appoint members of the Departments and sub
departments in consultation with the respective Chairmen

20. Functions of the Departments:


(i)

To implement the directives of the Executive Council and the General Assembly in
attainment and furtherance of objectives mentioned in clause 3.2 above

(ii)

To coordinate all activities at different areas within the Department and member
institutions.

(iii) To plan new projects with the approval of the General Assembly.
(iv)

Each department will elect its own Office Bearers

(v)

Departmental committees shall meet as and when necessary but at least once a
month

(vi)

At each Executive Council, each department shall present a written report of their
activities

21. Council of Ulama

(i)

Any Shia Alim or Alimah may be invited to join and become member of the
Council of Ulama of the Ahlul Bayt Assembly of Tanzania, by the Council and
upon confirmation by the Council.

(ii)

The Council shall appoint from amongst its members a Chairman, a Vice
Chairman, a Secretary and two members to form the Central Committee of the
Council

(iii) The council shall also appoint from amongst its members two representatives who
will represent the Council of Ulama in the Executive Council.
(iv)

The members of the Council of Ulama will consists of five members or more, but
it should not be any time less than three.

(v)

The members of the council will meet at least once in a year, and more if deemed
necessary.


23. Function of the Council of Ulama

(i)

The main role of the Council of Ulama will be solely that of advisory to the
Assembly, i.e the Members, the Board of Trustees,the Executive council, the
different Departments and the General Assembly and may attend in any of their
meetings if invited.

(ii)

The role of the Council will be to give religious guidance whenever consulted by
the members, the Board of Trustees, the Executive Council or the General
Assembly.

(iii) It shall also advice the three departments of Education, Tabligh, Media and Public
Relations and Welfare on the priorities and the best method of conducting the task
involved.
(iv)

The council will alert and warn the Departments, the Executive Council and the
General Assembly whenever violation to Islamic rules occurs

(v)

The council shall be the guardian of the Shia Faith and alert the community in
general on any issue of importance for the Muslims and Shia in any matter in may
deem necessary

(vi)

The Council of Ulama shall serve as a link between the office of Marji'iyas and
the Association

(vii) The day to day running of the Council of Ulama shall be under the Central
Committee, consisting of the chairman and any two to five members appointed
within themselves
(viii) The Council will make bylaws on who qualifies to join the Council as well as
other rules relevant to the functioning of the Council

24. Resignation:
A member institution may resign by tendering written notice to the Secretary, giving
effective date of resignation. No refund of subscription shall be due

26. Affiliations:

Ahlul Bayt Assembly of Tanzania may join other associations and organizations that
share similar aims and objectives.


27. Amendments to the Constitution:

(i)

Any member institution may propose an amendment in writing to the Executive


Council, which they will consider, and table to the membership anytime before
the next AGM.

(ii)

Proposed amendments must reach the executive no later than 90 days prior to the
AGM.

(iii) Resolutions to amend the constitution must be carried by 70% of all voting
members of the Ahlul Bayt Assembly of Tanzania including proxies

28. Dissolution:
(i)

The Ahlul Bayt Assembly of Tanzania shall not be dissolved unless a Special
General Meeting called for this specific purpose endorses such a resolution by
75% of all voting members of Tanzania Ahlulbayt Board

(ii)

The meeting shall be chaired by the Chairman of the Board of Trustees and in
absence any member of the Board of Trustees

(iii) In case of such dissolution, the net assets of the Ahlul Bayt Assembly of Tanzania
shall be donated to any such Organization with aims and objectives similar to that
of of the Ahlul Bayt Assembly of Tanzania with the approval of majority of
members present.

29. This constitution was adopted at ... Special General Meeting of the founder members
held at ... on ... whose signatures appear appended here in below.

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