Muslim Entrepreneurship in Ireland - Dr Thomas M. Cooney, Director - Institute for Minority Entrepreneurship at the Dublin Institute of Technology,invites you to participate in his survey on Muslim Entrepreneurship in Ireland.
Inrecent years, the number of Muslims in Cork has increased substantially, and this has cultivated the importance to think of an advised integration strategy. We firmly believe that it is our duty to aid in the integration of newcomers into our society and to take the initiative to help them make the best of their potentials for the benefit of the Muslim society. It is this kind of thinking that is the framework for the Cork Muslim society. A positive involvement of the Muslims into the society could be structured around different forms participation leading to the development of a civic sense of belonging to this society. Therefore, the members of Cork Mosque Committee are suggesting a new proposal for the constitution of Cork Muslim Society and looking for share the experience of every member of the society in this proposal.
The Cork Muslim Society is registered at The Friendly Society (Registration number 1793 S.A) and also registered as Charity Society. Every member can download the constitution from our web site www.corkmosque.org he can ask for free hard copy from any member of the mosque committee. You can send your suggestions and opinions through our email (in web site) or you can drop it to the mosque. If u likes to discuss any point, u can also contact any member of the committee. All phones and email addresses are on the web site and also hanged in the mosque.
The main points suggested in the new proposal are;
1- The addition of the new definition of senior members,
Senior members are those who were elected as committee members or trustee members and hold these positions for a period of not less than 12months. Senior members may include those who are either working as employee with the society, or have been employed by the society in the past and are known to some present members/ employees.
2- Change the way of nominate and choose the trustee members.
Any two ordinary members of the Society shall be at liberty to nominate any other ordinary to serve as a Trustee of the Society having received his agreement. Nominations must be in writing at least one day before the general meeting. Three Trustees shall hold office until retirement, death, leaving permanent residence in Ireland or removal from office by a resolution of the Society.
It will be replaced by,
- A trustee must be nominated by at least 2 senior members of the society; such nomination must be approved by the majority of ordinary members present and who have the right to vote in general meeting. Three Trusteesshall hold office for not more than five years or until retirement, death, leaving permanent residence in Ireland or removal from office by a resolution of the Society.
The reason of change,
-The work in the mosque makes the senior members more familiar with the society members and who is better to be nominate for this position. The ordinary members still has the right to accept or refuse this nomination.
-Five years is giving the chance to the society members to change the trustee members and it is enough to judge their performance.
3- The bank account shall be in the name of the Cork Muslim Society.
It will be replaced by;
-The bank account shall be in the name of the Cork Muslim Society and signed by trustee names.
The reason for change,
It makes the money safer and the building money will not be change every year with committee members.
4- Change the General meeting procedure,
The presence of at least sixty ordinary members shall constitute a quorum. If,within one hour from the time appointed for the meeting, a quorum of members is not present, the meeting shall stand adjourned to the same day in the following week at the same time and place, and if at eh adjourned meeting a quorum of members is not present within one hour of the time appointed for the meeting.
It will be replaced by;
The presence of at least 50% of ordinary members shall constitute a quorum. If, within one hour from the time appointed for the meeting, a quorum of members is not present, the General Assembly convenes after one hour on condition that the attendance comprises of no less than one third of the members. If the number is less than one third, the meeting shall stand adjourned to the same day in the following week at the same time and place, and if at the adjourned meeting a quorum of members is not present within one hour of the time appointed for the meeting. The ordinary members present shall be a quorum.
The reason of change,
50% of members are more reliable percentage as the number of Muslims increased last few years.
5- The procedure of proposing an amendment will be change,
- Any member of the society may propose an amendment to the constitution. Notice of amendment must be accompanied by the respond version, and signed by the proposer and seconder, and must be sent to the secretary at least two weeks before the meeting of the general assembly.
It will be replaced by,
-Any member of the society may propose an amendment to these rules. Notice of amendment must be accompanied by the respond version, and signed by the at least twenty supporter of such amendment (who are ordinary members in the society) and must be sent to the secretary at least two weeks before the general meeting of the society.
The reason of change,
This makes the changes in constitution not easy for every one. Approval of 20 members of this amendment means that it is a serious point.
The Cork Muslim Society of Ireland is a specially authorized society for Muslims in County Cork. The organization called the Cork Muslim Society (CMS) shall be hereafter referred to as "The Society".
2 ADDRESS
(a) The headquarter of the Society shall be in Cork.
(b) The address of the Society shall be: Unit D, Sitecast Industrial Estate, Togher, Cork, Ireland
(c) The Committee shall be empowered to change the address of the Society if deemed necessary and a notice of such a change shall be sent to the Registrar of the Friendly Societies, Dublin within 14 days
3 AIMS AND OBJECTIVES
(a) To cater for the religious, cultural, and social needs of Muslims in County Cork.
(b) To try and represent Islam in its true perspective and to follow up and correct any misrepresentations of Islam.
(c) To organize from time to time lectures and seminars and/or publish papers or magazines on Islamic topics.
(d) To maintain Islamic literature in the libraries of Cork, Ireland.
(e) The Society shall be dedicated to the service of Allah and shall remain above any ethnical and territorial considerations.
(f) To try to alleviate the difficulties of Muslims in distress.
(g) To provide, within the limits of the capacity, such services as may be required for the welfare of Muslims in hospitals, prisons and elsewhere and to facilitate burials, according to Islamic rites, of Muslims in Cork, Ireland.
(h) To provide, within the extent of the funds and materials acquired, for the foregoing aims and objects at the discretion of the Committee.
4 MEMBERSHIP
(a) Honorary membership shall be conferred on all Muslims in Ireland.
(b) The ordinary membership shall be open to all Muslims in County Cork.
(c) The age of ordinary member shall be 18 years by the day of election.
(d) There shall be no membership fee payable by an applicant for ordinary membership but applicants shall be required to complete an application form and register with the society. All applications must be proposed by any two existing ordinary members. Ordinary membership is conferred seven days after registration.
(e) Registration of members is the responsibility of the Committee. The Secretary shall keep a register of all members.
(f) There is annual administration fee of 20 Euros.
(g) An ordinary member of the Society, once admitted to membership shall continue to be an ordinary member until the end of the year, death, resignation, removal from membership for failure to represent Islam in its true perspective and for a failure to follow up and correct any misrepresentation of Islam or his/her leaving the country for a period in excess of six consecutive months without showing his/her intention to return.
(h) An ordinary member who served the society, as a trustee, a committee member, or an employee, for a period of not less than 12months is promoted to a senior member.
(i) Every Muslim shall have the right to attend General Meetings but only ordinary members shall be entitled to vote at such meetings.
(j) Every Ordinary Member of the Society shall have one vote and no more.
(k) Where Shari'ah (According to Islamic Teachings) proof exists against any ordinary member or members of his or their acting contrary to the Shari'ah then the Trustees may undertake to censure such member or members. The form of censorship may include limitations of rights within the Society including the loss of ordinary membership.
5 MEETINGS
(a) All meetings of the Society shall begin and end in the Islamic way.
(b) No meeting shall entertain any motion that is contrary to the teaching of the Holy Qur'an and the Sunnah.
(c) A resolution put to the vote of the meeting shall be decided using a poll.
5.1 ANNUAL GENERAL MEETING (A.G.M)
(a) Shall be held in JANUARY of each year.
(b) A notice of at least two weeks shall be given for such a meeting.
(c) The presence of at least 50% of ordinary members shall constitute a quorum.
(d) If, within one hour from the time appointed for the meeting, a quorum of members is not present, the General Assembly convenes after one hour on condition that the attendance comprises of no less than one third of the members.
(e) If the number is less than one third, the meeting shall stand adjourned to the same day in the following week at the same time and place, and if at the adjourned meeting a quorum of members is not present within one hour of the time appointed for the meeting. The ordinary members present shall be a quorum.
(f) The Trustee shall nominate who will oversight the annual general meetings, and also shall nominate a number of brothers (3-4) for the management of the general meetings.
(g) The Committee shall determine the date, location and proposed agenda of the annual General meetings.
(h) Decisions of the annual General meeting shall be endorsed by an absolute majority (50%+1) of the ordinary members present.
(i) The general assembly is the highest authority in the event of the session and its decisions are binding on all members.
5.2 SPECIAL GENERAL MEETING
(a) Shall be convened by the committee whenever it may deem it necessary (after agreement of the majority of committee members).
(b) Shall be convened if requested in writing by 20% of the registered society members (at least 80% of whom signed this request shall be present at the special general meeting).
(c) A notice, indicating the subject to be discussed, of least one week shall be given for such a meeting.
(d) The quorum shall be as for the A.G.M.
(e) If, within one hour from the time appointed for the meeting quorum of members is not present, the meeting if convened on the request of members shall be dissolved.
(f) Shall be convened if one fifth of the total numbers, (or if the number is 1,000 or more than such numbers as is prescribed by the Act) by an application into the Registrar, signed by them in the forms respectively provided by statutory regulations on their behalf, may so apply.
6 TRUSTEES
(a) The Trustee must be an Irish citizen and being resident in County Cork for a period not less than five years.
(b) All the property of the Society whatsoever and however shall be vested three Trustees as joint tenants.
(c) The Trustees may deal with the property so vested in them by way of sale, exchange and in any way they see fit provided the transaction is legal and in accordance with Shari'ah. Such authority to deal in property shall be given by resolution of two-third of the Members of the Society present and entitled to vote at a duly convened General Meeting of the Society and when so passed shall in favor of the purchaser, exchange or lessee be binding upon all Members of the Society.
(d) The Trustees shall be vested with the authority to invest, in collaboration with the Committee, the funds of the Society in accordance with the provision of the Trustee (Authorised Investment) Act 1958.
(e) Three Trustees shall hold office for five years or until retirement, death, leaving permanent residence in Ireland or removal from office by a resolution of the Society.
(f) No trustee shall be a paid employee of the Society
(g) No Trustee can hold a position on the Committee.
(h) No Trustee shall receive any monies, gifts (except memorial gifts of value less than 25€/year) and properties from the Society.
(i) The Trustees must meet at least twice a year to examine the financial state of the Society.
(j) Election of Trustees shall take place in accordance with the following rules:
1. A trustee must be nominated by at least 2 senior members of the society, such nomination must be approved by the majority of ordinary members present who have the right to vote in general meeting. Nominations must be in writing at least one day before the general meeting.
2. Balloting lists shall be prepared (if necessary) containing the names of the candidates only in alphabetical order and each Member present at the A.G.M. and qualified to vote for number of such candidates not exceeding the number of vacancies.
(k) The Trustees being as follows:
1. to be decided during the general meeting
2. to be decided during the general meeting
3. to be decided during the general meeting
7 THE COMMITTEE
(a) The committee has seven elected members
(b) All members of the Committee must be elected at the Society's Annual General Meeting every two years.
(c) Any ordinary member having resided in Ireland for at least SIX MONTHS shall be eligible for election or co-option to the Committee
(d) Any two ordinary members of the Society shall be at liberty to nominate any other ordinary to serve as an officer or Committee of the Society having received his assent. Nominations must be in writing at least one day before the general meeting.
(e) A paid employee or consultant of accountant who is an ordinary member of the Society will not be eligible for either election or co-option on to Committee.
(f) Balloting lists shall be prepared (if necessary) containing the names of the candidates only in alphabetical order and each Member present at the A.G.M. and qualified to vote for number of such candidates not exceeding the number of vacancies.
(g) In case there shall not be a sufficient number of candidates nominated, the Committee shall fill up the remaining vacancies.
(h) If two or more candidates obtain an equal number of votes, the other elected Committee members shall select, by lot from such candidate or candidates who is or are to be elected.
7.1 THE COMMITTEE MEETINGS
(a) The Committee shall meet periodically at least once a month for the dispatch of business, adjourn and otherwise regulate their meetings as they think fit.
(b) The committee meeting shall be deemed valid by the attendance of two thirds of members.
(c) Any four members of the Committee present shall constitute a Quorum at a meeting of the Committee.
(d) A member of the Committee and the Secretary, on the requisition of the Member of the Committee may, at any time summon a meeting of the Committee provided two days notice is given.
(e) In case of emergency, no notice may be given. It shall not be necessary to give notice of a meeting of the Committee to any member of the Committee who being absent from the State the time
(f) Questions arising at any meeting shall be decided by a majority of votes. Where there is an equality of votes the Chairman shall have a second or casting vote.
7.2 THE COMMITTEE DUTIES
(a) The overall policies of the Society and running of the day to day affairs of the society should be established and conducted by the committee members.
(b) The Committee shall maintain proper books of accounts to be kept in respect of:
i) All sums of money received and expended by the Society and the matters in respect of which such receipts and expenditure took place
ii) All sales and purchases of goods and services by the Society
iii) The assets and liabilities of the Society including last Annual Balance Sheet and Auditors Report.
iv) The books of accounts shall be kept at the Registered Office and shall always be open to inspection by the members of the Committee and Trustees. Annual accounts shall be maintained available for inspection by the Revenue Commissioners when requested.
v) A balance sheet shall be made out to 31st December in every year and laid before the Registrar of the Friendly Societies. Every such account and balance sheet shall be accompanied by a report of the Committee and of the auditors, and the account report and balance sheet shall be signed by its President, and countersigned by the Secretary.
(c) Once, at least, in every year the Committee shall lay before the Society in General Meeting an account of income and expenditure for the period since the preceding account. Such information of the account will be published and made available to ordinary members at least 7 days prior to the General Meeting.
(d) The Committee may from time to time delegate any of their powers to such sub-committee or sub-committee consisting of one or more Members of the Society and one Committee Member as they shall think fit to appoint and may recall or revoke any such delegation or appointment. Any sub-committee shall in the exercise of the powers so delegated, conform to any regulations that may be prescribed, by Committee.
(e) The Committee may affiliate the Society to any other organization provided that it is Islamic in character.
7.3 VACATION OF COMMITTEE MEMBERS
(a) The post of a member of Committee shall be vacated if:
i) He resigns his membership of the Society.
ii) He absents himself from meetings of the Committee for three consecutive meetings without a special leave of absence from the Committee.
iii) He gives to the Committee one calendar month's notice in writing that he resigns his office pending acceptance of the resignation by the Committee.
iv) He is removed by Ordinary Resolution passed by a Special General Meeting of the Society.
(b) All casual vacancies arising amongst the Committee shall be filled by the Committee members.
(c) The Committee shall have power to co-opt any member or members of the Society but not exceeding three in any one year, into the Committee if they deem it necessary for the efficient running of the affairs of the Society.
(d) Any member of the Committee so appointed shall retire at the following general meeting and shall be eligible as a candidate for re-election.
7.4 THE COMMITTEE ORGANIZATION
(a) The committee consists of a president, vice president, treasure, secretary and three members.
(b) All these positions shall be decided at the first meeting after the Annual General Meeting by the seven elected committee members.
7.4.1 THE PRESIDENT
(a) Shall preside at all meetings of the Society but may nominate any member to act as a chairman for the meeting.
(b) Shall act as the spokesman for the Society but may nominate any member to act as spokesman for the Society.
(c) Shall present an account of the Society's activities for the year at the A.G.M.
7.4.2 THE VICE PRESIDENT
Replace the president at his absence (for any reason) until a new president elected by the committee members.
7.4.3 THE SECRETARY:
(a) Shall convene the Committee and General Meetings and shall be responsible for issuing notices and information for such meetings.
(b) Shall keep minutes of the Committee and General Meetings.
(c) Shall always have available and supply to any member, who may so request, a copy of the Constitution at no cost.
7.4.4 THE TREASURER:
(a) Shall be responsible for the collection and payment of the Society's accounts.
(b) Shall keep an account of the Society's finances and assets.
(c) Shall submit to the Registrar of the Friendly Societies, in the prescribed form, a duly audited account of the account of the receipts and expenditure of the Society not later than the 31st May of each year.
(d) Shall present a detailed audited report of the Society's finances to the A.G.M.
(e) Should he decide to resign he shall inform the Secretary in writing, the latter shall then arrange for the auditing of the books before his resignation can be considered. He shall continue in office until his successor assumes office.
8 FINANCES
(a) The income and property of the Society, whosoever derived, shall be applied solely towards the promotion of the objects of the Society as set forth in this Constitution.
(b) No portion of the income or property shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit, to the members of the Society.
(c) Provided that nothing herein shall prevent the payment, in good faith, by the society of:
i) Reasonable and proper remuneration to any member of the Society in return for any services actually rendered to the Society,
ii) Reasonable and proper rent for premises demised or lent by any member to the Society;
iii) Repayment of out-of-pocket expenses by any member to the Society.
(d) The bank account shall be in the name of the Cork Muslim Society and signed by trustee names.
(e) The funds of the Society shall be derived from donations by members and from any other source provided that they do not contravene the teachings of Islam.
(f) The Society's expenditure quota and maximum value of cheques shall be set by the Committee. Expenditure or cheques above the pre-set value shall require the authorization of the Committee.
9 EMPLOYMENT PROCEDURES
(a) Committee shall be responsible for establishing a full set of procedures regarding the criteria for advertising of post, criteria for selection, determination of salary scale and the method by which employees may be dismissed.
(b) The Committee shall establish the full set of duties which all the society's employees must undertake in a contract.
10 ACCOUNTABILITY
(a) All office bearers and employees of the society are accountable to the Committee.
(b) Disciplinary action may be undertaken against a member acting contrary to the shariah, constitution, malpractice or breaking the job description rules.
(c) Discipline may include withdrawal of membership and/or removal from office.
11 BUSINESS OPERATIONS
(a) The committee shall be responsible for determining as to which and what type of business operations the society will undertake.
(b) No business activity on behalf of the society shall be undertaken by its members without the consent from the committee in writing.
(c) No one shall represent the society without the consent from the president.
12 BY-LAWS
(a) All by-laws alterations and repeals introduced by the Committee must be properly documented in a special by-law book, clearly stating the purpose and dates on which the by-law takes effect and ceases.
(b) No by-law shall be inconsistent with these with or shall have effect to repeal anything contained in these rules and that any by-law may by set aside by a Special Resolution of a General Meeting of the Society.
(c) All passed by-laws, alterations or repeals, shall be brought to the notice of the members of the Society and all such by-laws so long as they shall be in force shall be binding upon all members of the Society.
(d) The Registrar of the Friendly Societies shall be informed within 14 days of:
i) The new Committee members after each A.G.M.
ii) Any interim change in the Committee
iii) Any change in Trustee and Auditors.
iv) Any change in constitution or by-law or any other rules.
v) Any change in address.
13 DISPUTES
(a) Should any dispute arise amongst members, these should be referred to the Committee and if not resolved there, they shall be referred to a special general meeting of the members.
(b) Any disputes arising between members of the Committee shall be referred to the trustees and if not resolved, shall be referred to a Special Meeting of the Society.
(c) The Principles lay down by the Holy Qur'an and the Sunnah shall be those by which all disputes shall be resolved.
14 INTERPRETATIONS
The Committee shall have the power to interpret this Constitution provided that interpretations are in keeping with the Principles of Islam.
15 DISSOLUTION
(a) That upon the written consent of not less than three fourths of the members the Society may be voluntarily dissolved. Application in writing should be send to the Registrar, signed by them in the forms respectively provided by statutory regulations.
(b) In the event of dissolution of the Society, in accordance with the provision of the Act, the finance and all assets of the Society shall be handed over to an Islamic charitable organization having the main objectives similar to the main objectives of the society. The transfer subjected to RULE 6, paragraph C.
APPENDIX I: AMENDMENT
(a) Any member of the society may propose an amendment to these rules.
(b) Notice of amendment must be accompanied by the respond version, and signed by the proposer and at least two supporter of such amendment (who are members in the committee and must be sent to the secretary at least two weeks before the next general meeting of the society.
(c) The proposed amendment shall not in any way prejudice the aims and objects of the society
(d) The amendment shall require a two-thirds majority of members present and have the right to vote for acceptance.
(e) No amendment of rules shall be effective until it is approved by the Friendly Societies and the revenue commissioners in writing.
APPENDIX II: AUDITORS
A public auditor (to examine, audit and certify the accounts prepared by the treasurer) shall be nominated by the Committee and approved by the trustee. All discrepancies shall be reported by the auditors to the Trustees.
