Wednesday, January 16, 2008

MSA BYLAWS

Muslim Students' Association of the University of Tulsa

BYLAWS

The Muslim Students' Association of the University of Tulsa is a non-profit Islamic religious and social organization, a registered on-campus student organization providing TU students with the opportunity to lead a spiritual life in a supportive Islamic environment, and seeking to educate the Tulsa and Tulsa University communities about Islam.

The Muslim Students' Association of the University of Tulsa, hereinafter referred to as the MSA-TU, exists and operates in conformity with the normative Islam as presented by the Qur’an and Sunnah (life style of Prophet Muhammad, Peace & Blessings of Allah Subhanahu wa Ta’ala be upon him), and strives to make Islam better understood by all. All Muslim students of the University of Tulsa that aim to follow this Islamic way of life normative Islam, without ethnic and culture innovations, are welcome into the fold of brotherhood-sisterhood of MSA-TU.

The Purposes of the MSA-TU are enumerated in the Constitution of the Muslim Students' Association of the University of Tulsa. In order to ensure that such purposes and the attendant goals are met by the leadership and membership of the MSA-TU, the following Bylaws have been adopted. Preamble to the Bylaws is an integral part of these Bylaws:

Section I: Preamble

Section II: Executive Committee

Section III: Funds

Section IV: Activities

Section V: Meetings

Section VI: Property Use

Section VII: Amendment Process

Section VIII: Bylaws Effectiveness

I: PREAMBLE

The Muslim Students’ Association of the University of Tulsa (“MSA-TU”) has special relationship with the Islamic Society of Tulsa (IST), the North American Islamic Trust (NAIT) and the Muslim Students’ Association of the United States and Canada (MSA National). These relationships have led to the following obligations and privileges to MSA-TU, which are not subject to unilateral modification by the MSA-TU:

MSA-TU is the founding affiliate of the Islamic Society of Tulsa (IST) and is recognized such in the Constitution of IST. IST is the cosigner of the Ground Lease Agreement executed in November 1999 with the University of Tulsa that permitted the construction and operation of the Islamic center at 3020 E. 4th Place, Tulsa, OK 74104. IST provided financial, logistical and leadership support for the construction of the Islamic center. IST has the right to use and instruct appropriate use of the Islamic center with the University of Tulsa and the MSA-TU approval, and shall remain the Arbitrator of issues that are not settled by the Executive Committee of MSA-TU.

The North American Islamic Trust (NAIT) provided financial guarantees to the University of Tulsa and the builder-contractor of the Islamic center, so that the construction of the Islamic center could be permitted and completed per undertakings with the University of Tulsa and City of Tulsa. MSA-TU is bound that all assets of the MSA-TU be perpetually entrusted to the NAIT as Trustee with the MSA-TU as the sole Beneficiary on a perpetual basis.

The Muslim Students’ Association of the United States and Canada (“MSA National”) is the historic umbrella organization for the on-campus Muslim Students’ Associations throughout the continent. MSA-TU derives its tax-exempt status through its affiliation with the MSA National.

SECTION II: EXECUTIVE COMMITTEE

Article 1. Members of the Executive Committee

The Executive Committee of the MSA-TU, its highest governing entity, shall include seven positions: President, Secretary, Treasurer, Public Relations Coordinator, Daw'ah/Outreach Coordinator, Social Activities Coordinator, and Masjid Activities Coordinator.

Article 2. Members and Voting Members

To be a member of the MSA-TU, an individual must be subject to the jurisdiction of the University of Tulsa (TU faculty, staff, or students), must have a valid TU email address (i.e. not an alumni email) and apply in writing to become a member. Only on receipt of a formal note of acceptance through email by the President, an applicant will become a member.

The Executive Committee will have the authority to put the membership of any member in abeyance if he or she works against the organization, its Constitution and purposes or Islam. This shall also include anyone found attempting to hold or holding an event at the Islamic center without prior written approval of the Executive Committee. Only the Faculty Advisor/Sponsor will have the right to terminate such membership in abeyance, in consultation with the Chairman of the IST.

To be a Voting Member of the MSA-TU, a member must pay a fee of $25 or any other sum that a standing Executive Committee may announce per semester, by October 15th and February 15th. A non-payee will remain a member but not a Voting Member. A Voting Member must have his/her TU email address registered with the MSA-TU Listserv at least eight weeks prior to elections. Each email address will be allowed only one vote per election. No proxy voting will be permitted. In case of multiple vote transmittals from an email address, only the first vote will be honored.

Article 3. MSA-TU Listserv

The MSA-TU Listserv is the platform through which announcements will be made regarding upcoming events, including MSA-TU events, TU campus events, and other local events that are of interest to the Greater Tulsa Muslims. Such communications shall be at the discretion of the MSA-TU Listserv owners. The MSA-TU Listserv owners will be the standing MSA-TU President and Secretary.

Article 4. Election Committee and Election of the Executive Committee

Elections for the Executive Committee will be held annually. During election processes, at least two graduating members of the standing Executive Committee will form the Election Committee. If at least two members of the Executive Committee are not graduating, then vacancies in the Election Committee will be filled by graduating MSA-TU voting members, who must be approved unanimously by the standing Executive Committee. Members of the Election Committee will not be allowed to vote.

Once the Election Committee is in place and announced on MSA-TU Listserv, the pre-election proceedings will begin. New members of the Executive Committee shall be nominated by emails sent to the general MSA-TU email address (MSA@TU.edu) during the period of one designated week. Self-nominations will not be accepted, and candidates must be nominated by an official voting member of the MSA-TU (see Section 1.4) and seconded by another voting member of the MSA-TU. Nominees may include previous and/or existing MSA-TU Executive Committee members. The Election Committee will tabulate nominations and seek email acceptance by the nominees. Then, all the accepting nominee candidates will be invited to fill out a standard survey composed by the Election Committee and its Faculty Advisor/Sponsor. All candidates shall be obligated to respond to the survey within seven days. The Election Committee will compile the candidates’ answers, and sent out to the registered voters via email of MSA-TU Listserv. This email will also indicate the dates and times of elections, which will continue for a period of forty-eight hours after the candidate surveys have been sent to the Listserv. Any candidate who does not respond within the prescribed time to the standard survey will not be approved as a candidate by the Election Committee

During the election process, ballots will be cast only through the MSA-TU Listserv. A preferential voting system will be used wherein each voter must rank at least six candidates from 1 (most preferred) to 6 (least preferred).

The Election Committee will tabulate ballots, and the candidate receiving the lowest number of points will be named the new President of the MSA-TU. The candidate with the lowest number of points from the gender opposite that of the President will be named the new Secretary of the MSA-TU. After the President and Secretary have been selected, the next five candidates with the lowest number of points will be selected as general Executive Committee members. These five candidates must include at least one candidate from each gender. The seven new members of the Executive Committee will then be notified of their selection by the Election Committee in an email sent simultaneously to the standing Executive Committee, the newly elected Executive Committee, and the registered voters.

The newly elected Executive Committee will then have a meeting, during which specific committee positions will be assigned to the five at-large committee members (not the President or Secretary). When all Executive Committee positions have been filled, an email announcement will be sent to the general MSA-TU body introducing the new Executive Committee. The new Executive Committee will be introduced formally before the end of the academic year in a social gathering, preferably a dinner, wherein all Muslim students of the University of Tulsa will be invited.

In the event of a vacancy in the position of the President, the Vice President shall succeed to this position. A special election or appointment must be made for the position of Vice President within thirty (30) days. In the event of a vacancy of any other officer position, a special election shall be called within thirty (30) days. If any special election is required, the Election Committee shall notify all voting members of the MSA-TU at least fourteen (14) days prior to the date of the special election. In the event of an unexpected vacancy, all officers may choose to forgo elections and unanimously elect an interim officer for the maximum term of one semester.

Article 5. Executive Committee Decision Making Process

For decision making on policy matters, the President will consult with the other members of the Executive Committee to develop a consensus. This consultation shall be in a meeting called with a prior e-mail notice of at least seven days. At the conclusion of this meeting, the President will announce the pending decision to the Executive Committee.

If the President cannot make a decision or if any two officers disagree with the decision, a second meeting will be held within seven days for additional discussions. After the second meeting, the President will announce the new decision which can be either the same or different from the first decision. This decision will be final.

If after the second meeting, a decision still cannot be made, the Faculty Sponsor/Advisor will be asked to assist. The Faculty Sponsor/Advisor may also be consulted at any time during the decision making process by any member of the Executive Committee. The Faculty Sponsor/Advisor will consult with the Chairman of the Islamic Society of Tulsa in all substantive matters.

Article 6. Executive Committee Responsibilities

The duties, responsibilities and functions of the Executive Committee are specific to each officer:

President:

The President is to ensure that the goals and purposes of the MSA-TU as defined in the MSA-TU Constitution and Bylaws are fulfilled, to carry out official responsibilities incumbent on an on-campus student organization, and to oversee the activities of the other members of the Executive Committee.

The President will act as an advisor for any student on campus who approaches the MSA-TU for guidance, and may delegate this responsibility to any of the other officers if he/she feels that somebody else will be better suited to the specific issue at hand.

The President will also be responsible for representing the MSA-TU in university activities and representing the MSA-TU officially during MSA-TU activities in accordance with the policies of the standing MSA-TU Executive Committee.

The President will be the official liaison with the Islamic Society of Tulsa, the North American Islamic Trust and the Muslim Students Association of the United States and Canada.

Secretary: The MSA-TU Secretary will be responsible for sending out agendas to all officers, at least two days prior to each meeting, keeping a written record of all MSA-TU meetings and the proceedings carried out within those meetings, and maintaining a record of all decisions made by MSA-TU officers regarding MSA-TU policy and activities both in and out of meetings as well as a record of any issues and their resolutions. No voice recording of the meetings will be permitted, and violator will forfeit his/her right to be a member of the Executive Committee.

The Secretary will also be required to maintain the MSA-TU webpage and Listserv. If the elected Secretary is not technologically inclined, webmaster responsibilities may be assigned to another member of the Executive Committee or any other responsible MSA-TU voting member, with the approval of the President. . The duties of the Webmaster shall be: (1) Maintain MSA website. (2) Update the Website in a timely manner whenever there is an announcement. (3) Arrange audio/video recordings from specific events, and post these on MSA website, or place in MSA-TU archives.

Treasurer: At each meeting of the Executive Committee, the Treasurer will present a written financial status report to the officers regarding the availability and expenditure of funds.

Public Relations Coordinator: The Public Relations Coordinator will advertise all the MSA-TU events in ways deemed appropriate for the specific events, but only an event is approved in a planning meeting of the Executive Committee.

Daw'ah/Outreach Coordinator: The Daw'ah/Outreach Coordinator will organize activities and events focused on promoting facts of the mainstream Islam and enriching the general student body with information about Islam and Muslims.

Social Activities Coordinator: The Social Activities Coordinator will be responsible for organizing social activities and events focused on building a sense of togetherness and community within the general MSA-TU body as well as between the MSA-TU and the TU campus. Activities should incorporate brothers-only events, sisters-only events, and mixed events. Islam Week and Ramadan events will be among the annual events organized by the Social Activities Coordinator. The Dawah/Outreach Coordinator will delegate responsibilities for major events amongst the Executive Committee to make sure that everything runs smoothly.

Masjid Activities Coordinator: The Masjid Activities Coordinator will organize daily jama' prayers, Friday Jumuah, weekly Islamic classes, and other activities to increase Islamic knowledge amongst MSA-TU members. The Masjid Activities Coordinator will be the liaison with the Imam Committee on behalf of the Executive Committee, and will be responsible to designate khateeb for the weekly Jumuah prayer.

Article 7: Special Committees

The Executive Committee will constitute special committees for specific purposes and for a specified period of time, including but not limited to:

Imam Committee: The Executive Committee will select three names of male MSA-TU students to comprise the Imam Committee, and arrange these in an order of preference to lead daily prayers at the Islamic center. Any male member of the Executive Committee can be an Imam.

Fund Raising Committee will be established to raise funds for one or several of the activities of the MSA-TU, to be chaired by a designee of the President.

Article 8. Selection of Faculty Advisor/Sponsor

Before the start of the fall semester, and as needed during the year, a Faculty Advisor/Sponsor for the MSA-TU will be selected by the President and Secretary of the MSA-TU, in consultation with the Chairman of IST.

SECTION III: FUNDS

Article 1: Sources

Sources of funding for the MSA-TU shall include: (1) all available funding within the University grant sources and budgetary contributions to student organizations; (2) Charitable donations, including Jumuah collections; (3) Fund Raising Committee.

Article 2: Bank Account

All funds of the MSA-TU shall be held in a bank account. The Treasurer and the President shall be authorized jointly to withdraw funds in cash from the MSA-TU bank account.

Article 3: Receipts & Disbursements

The Treasurer will keep accounting and check books, and pay all bills and reimbursements. No payment shall be made by the Treasurer unless it has been authorized by either the relevant member of the Executive Committee, the President, or the Secretary.

Payments in cash will be minimal and only in special circumstances. All cash receipts and payments will be recorded in writing by the Treasurer and countersigned by either the President or the Secretary.

SECTION IV: ACTIVITIES

Article 1. Types of Activities Sponsored by the MSA-TU

Throughout the academic year, the MSA-TU will carry out a number of activities that strive to meet the goals of the MSA-TU as defined in the MSA-TU Constitution and Bylaws. The MSA-TU shall at all time operate in conformity with the normative Islam as presented by the Qura’n and Sunnah (life style of Prophet Muhammad, Peace & Blessings of Allah Subhanahu wa Ta’ala be upon him).

The activities of the MSA-TU will include a combination of events; some for the MSA-TU only, and some for the entire TU campus.

The following events shall be Mandatory, and shall be held at the main sanctuary (2-story) of the Islamic center: Five daily congregational prayers, Jumuah prayer, and Ae’tekaf during the last ten days of Ramadan. The two mandatory Eid salahs may be held in the main sanctuary, or elsewhere, in consultation with the Faculty Advisor/Sponsor and the Chairman of the IST.

All events, including the mandatory ones enumerated above and interfaith events, must be held under the auspices of the Executive Committee. A voting member of the MSA-TU may propose an event in writing to the President, at least sixty days in advance of the day of the event. The Executive Committee may, in its sole discretion, may approve the proposed event.

The MSA-TU shall avoid sponsoring or holding controversial events or events that are not sanctioned by the mainstream understanding of Islam, even though an event may have passionate celebrants in some parts of Muslim world. Decision of the Executive Committee in this regard shall be final. However, MSA-TU shall not interfere if such events are held by one or more Muslim students at other facilities of the University of Tulsa.

Article 2. MSA-TU Events Planning

Events will be managed by one or more of the members of the Executive Committee, but planning responsibilities will be divided fairly amongst all officers. All events must be preceded by at least three planning meetings:

At the first planning meeting, the officer(s) incharge of the event will present a general overview of the event planned, addressing topics such as segregation, food, funding, location, date and time, and expected attendance. At this point, any concerns about the nature of the event itself or about the plans for the actual event may be brought up and discussed amongst the officers, and major disagreements regarding the event will be resolved following the guidelines defined in these Bylaws. Any officer who does not attend this planning meeting without prior notice forfeits his/her right to bring up any such concerns in the future.

Assuming the event is approved in the first planning meeting, a second meeting must be held at least 10 days before the event is scheduled to happen. At this meeting, the officer(s) in charge of the event will go over all progress made in putting the event together, and will then delegate remaining responsibilities amongst the Executive Committee members. Any concerns regarding the logistics of the event may be brought up at this meeting for discussion, but at this point no concerns regarding the nature of the activity itself are to be discussed. Anything that needs to be done for the event that comes up following this meeting can be discussed through an email addressed to all officers.

The third and final meeting will take place no later than an hour prior to the event. The purpose of this meeting is to ensure that everything is in order for the event to run smoothly and to take care of any last minute preparations.

SECTION V: MEETINGS

Article 1. Types of Meetings

MSA-TU meetings will be of three types in nature: planning meetings, discussion meetings, and general body meetings. Planning meetings and discussion meetings may be called by any member of the Executive Committee through an email sent out to all other members of the Executive Committee. General body meetings must be called by the President, or through a request sent to the President by two or more members of the Executive Committee. Input of the Faculty Sponsor/Advisor regarding issues on the agenda may be solicited for any of the three types of meetings. Any request of the Faculty Sponsor/Advisor or the Chairman of the IST for a meeting with the Executive Committee will be honored expeditiously.

Article 2. Planning Meetings

These meetings are aimed at planning specific events hosted by the MSA-TU. Planning meetings will be conducted as defined in Section 2.2. They must each be preceded by a brief agenda emailed to all officers. The agenda may be modified during the meeting, but is necessary to ensure that all urgent discussions are held. At any point during the planning meeting if one of the officers has a concern regarding the specific topic being discussed at that time, the officer must signal to the President and wait to be addressed. After a concern is raised, a discussion will take place amongst the officers regarding the ways to alleviate the specific concern and possible compromises that can be made. If no agreement can be made, the discussion on the specific concern will continue at a discussion meeting (see Section 3.3). After the head organizer(s) of the specific event has gone through all the information regarding the event, a general discussion will follow that will include any issues not addressed during the event presentation as well as a go/no go vote for the event which requires a 5/7 majority.

Article 3. Discussion Meetings

Any issues regarding events that could not be solved during the planning meeting will be brought into a discussion meeting. This meeting will be preceded by an agenda emailed to all officers, and discussion will include only those issues that are on the agenda. All officers will be invited to state their opinion regarding the conflict, supporting their opinions with Islamic sources (i.e. Qur’an, Sunnah and scholarly view by those who are familiar with the fiqh of Muslim minority life) that they find relevant to the issue and to the nature of the conflict and suggesting possible compromises. After all views have been expressed, the officers may choose by consensus to take a vote on the options for resolving the conflict. Such a vote would require a 5/7 majority for the selected option to be incorporated into the event planning. If no vote is taken, discussions on the conflict may be continued for three more days via emails sent to the entire Executive Committee. Any email that is not addressed to the entire Executive Committee will not be taken into account in the decision making process. At this point, the Faculty Sponso/Advisor will also be called upon for guidance, who may consult with the Chairman of IST. After three days, a vote may be taken via emails sent to the President as well as the head chairperson(s) of the event. This vote requires a 5/7 majority for the selected compromise to be implemented. If on the third day no vote is taken, the discussions will be dropped and the event will carry on as originally planned with no changes made.

Article 4. General Body Meetings

General Body meetings will include all voting members of the MSA-TU. Muslim students of the University of Tulsa that are not members of the MSA-TU, non-TU Muslims as well as any non-Muslim TU students who have actively participated in MSA-TU activities will be welcome to attend, but may not speak at the meeting, unless specifically invited. Announcement of a General Body meeting will be made through MSA Listserv and other avenues at least two weeks in advance. These meetings will be mediated by the Faculty Sponsor/Advisor, with the assistance of the Chairman of the Islamic Society of Tulsa. At least one General Body meeting will be during each academic year, toward the end of the Spring semester, whose agenda will include:

i. Review the Annual Report presented by the President, which should summarize the activities of the MSA-TU during the preceding year.

ii. Review of the Annual Financial Report prepared by the Treasurer, which should summarize the financial activity of the MSA-TU during the preceding year, and its current financial position.

A General Body meeting may address issues of general nature that could not be solved in the discussion meetings. Conflicts addressed at general body meetings will not include specific problems with specific events, but rather the general manner in which MSA-TU activities are to take place. Such a meeting is to be held if a similar conflict is brought up for multiple events, indicating a problem with the structural functioning of the MSA-TU instead of a problem with the planning of any specific event. Only the attending voting members will be allowed to carry out discussion and debate regarding the conflict, given that all discussions remain good-natured and non-aggressive and remain within the framework of the issue at hand. Following the discussion, all attending voting members will be able to participate in any ballot vote called by the chair that will determine the course of action for the MSA-TU.

SECTION VI: PROPERTY USE

Article 1. Real Property Title & Assets

The North American Islamic Trust (NAIT) shall hold title to all assets of the MSA-TU In Trust (Waqf) for the benefit of the MSA-TU as the sole Beneficiary.

Article 2. Property Use

All real property shall be possessed, used, and operated by the Beneficiary exclusively for Islamic religious, educational, and similar activities, all in furtherance of Islamic faith and in compliance with Islamic Rules of Conduct and Code, applicable laws, rules and regulations.

Article 3. Property Use Rules

The Beneficiary shall formulate internal rules for the use of Trust property consistent with the provisions of Article 2 above, the Islamic Rules of Conduct and Code, and safety of its users, and shall submit a copy of such rules to the IST and NAIT for its approval. In no event shall the Beneficiary use the Trust property in a manner other than as provided in such approved rules.

Article 4. Interpretation of Islamic Terms

Any dispute arising from the interpretation of the term "Islamic Rules of Conduct" or "Islamic Code" or "Islamic Law" or "Islamic Principles" or "Islamic Faith" shall be subject to arbitration by a FIQH Committee of reputable Muslims in the United States (Islamic Jurisprudence Committee) appointed by the Islamic Society of Tulsa in consultation with NAIT. The decisions of such FIQH Committee shall be final and binding on both parties and entry of judgment may be made in a court of proper jurisdiction. Responsibility for the costs of any such arbitration shall be decided by the Chairman of the Islamic Society of Tulsa, in consultation with the Faculty Advisor/Sponsor.

SECTION VII: AMENDMENT PROCESS

If at any point a matter arises that is not addressed by these MSA-TU Bylaws and/or it is otherwise deemed prudent to amend these Bylaws, an amendment may be suggested by any voting member of the MSA-TU to the President of the Executive Committee. The President will present it to the Executive Committee within thirty days for consideration. An affirmative vote of six members of the Executive Committee will be required for approval. To be effective, any approved amendment shall require a written consent of the Chairman of the Islamic Society of Tulsa and the Faculty Advisor/Sponsor.

SECTION VIII: BYLAWS’ EFFECTIVENESS

These Bylaws represent the amended version of the Bylaws that have been historically followed by the MSA-TU, and were approved by the Executive Committee on this day 17of September 2007.

MSA-TU Executive Committee: ______________________

President

CONSENTED TO:

MSA-TU Faculty Advisor/Sponsor: ______________________

Date: Pamela Smith

Islamic Society of Tulsa: _____________________

Date: Farooq Ali