A Newark masjid board
secretly sells the masjid on grounds not approved by the community it was serving while the mosque was a local waqf property. It seems hard to believe but it has happened to other masajid, too in America.
As highlighted in our
last newsletter, the above issue was a consequence of the absence of comprehensive and clear bylaws - something that has given rise to conflicts that could have been avoided, as in the case of two masajid New Jersey, and three in California.
To prevent such issues, clearly defined bylaws are crucial - the NUMBER ONE defense against the abuse of power and resources by a center's board.
What to consider when creating or revising bylaws:
Closing Loopholes:
Create bylaws, policies and procedures if your masjid doesn't have them regardless of the size of your masjid or its operations.
If bylaws do exist, revisit and update the vague and inadequate provisions with guidance of a legal expert, close any loopholes that may inadvertently grant excessive authority to the masjid board, and ensure compliance and transparency. Include provisions of accountability for protection against arbitrary actions and manipulation leaving the General Body* powerless and unable to challenge board decisions effectively.
*A General Body comprises of patrons/community members serving the masjid, paying or unpaying, and are registered to vote for masjid. The best practice is to have only paying members to avoid manipulation at election time. This general body elects the board of directors. Masjid staff is not included in that.
Community's Trust Preservation:
For masajid operating under a waqf, maintaining independence of the Waqf board of trustees (BOT) from the masjid board of directors (BOD) is essential to uphold trust and transparency. Unfortunately, conflicts may arise when the BOT and the BOD are the same, allowing for potential breaches of trust. To maintain the sanctity of waqf, establish clear lines of separation through the bylaws, and prevent collusion between these bodies. The court will not honor a local waqf if boards of both are not separated.
Relocation and Expansion Guidelines:
Comprehensive bylaws should provide specific guidelines in cases of relocation or expansion, especially when it is a Waqf. It is integral to carefully assess new facilities, considering community needs and conducting vetting processes - something that was not done in case of the Newark Masjid in the above example.
Use of Financial Resources:
Defining the appropriate process and authority for accessing and deploying financial resources by any stakeholder is a key component of effective bylaws. These provisions would protect the masjid's scarce funds belonging to the people it serves, from being abused to achieve egotistic goals.
Effective Governance & Conflict Resolution Provisions:
Include communication systems and conflict resolution mechanisms to establish effective governance and prevent costly legal battles between the board and general bodies. Communication transparency and documentation are key to preserving community trust and financial resources. Provision should be made to restrict resolution of conflicts to binding arbitration.
Legal Counsel:
Without exception, every Islamic center should seek legal expertise to ensure bylaws are consistent, non-contradictory, and legally sound. A legal expert can identify gaps and weaknesses, and suggest areas for improvement with proper language that safeguards the interests of the mosque and the community.
Removal of Board and Election Mechanisms:
Bylaws should be clear and very specific on:
- how the elections should be conducted;
- how the board can remove a board member;
- how the general assembly can remove the entire board, and
- how to govern until the next election takes place and is completed.
In a nutshell, the significance of well-defined bylaws cannot be overstated for effective mosque governance. Clear bylaws enhance transparency, promote community involvement and empowerment, prevent conflicts, and foster a sense of unity and purpose.
