21/PRED/LIC/XII/2016 - The Investigation Results of Logan Islamic Center Constitution

No. 21/PRED/LIC/XII/2016
The Investigation Results of Logan Islamic Center Constitution
December 1, 2016

As-Salamu Alaykum,

As an organization, the role of a Constitution is important. It defines the organization’s foundation, purpose, and regulations. During our time serving as a committee, the 2016/17 LIC committee found not only one constitution, but four including the amendment. This fact is alarming because it obscures the LIC regulations. Aware of its importance, we conducted investigations to determine which version of the constitution to follow. We found that:

  1. There is an English variant one of the LIC constitution. In essence, the content and the format of the document is similar to the Arabic version. Due to these facts and confirmation from Br. Elsanousi, we believe this document is original version of the LIC constitution.
  2. There is an Arabic version of the LIC constitution. According to Br. Elsanousi, who was the 2009/10 LIC President and currently a member of the 2016/17 committee, this document was translated from English variant one by Br. Yaser Nazal who was the 2008/2009 LIC President. Since this is the translated version, we decided just to focus on the English variant one.
  3. There is an English variant two of the LIC constitution. In essence, it is similar with the English variant one, but with added contents and language/words modifications. Unfortunately, due to the lack of written and verbal resources, we could not get or verify the history of this document.

There is a document which amend the LIC constitution to accommodate the Board of Trustee. In this document, there contain no date nor signature; there is only the LIC stamp.

In order to clarify which version (i.e., English variant one or two) that the LIC committee should follow, we contacted North American Islamic Trust (NAIT) and Cache County Record Office. We contacted NAIT because they are the owner of LIC, as stated in all version of the LIC constitutions. Additionally, all version of the LIC constitutions required us to inform NAIT about any changes in the constitution. We contacted Cache County Record Office because it is our responsibility as an U.S. institution to update our documentations to this office. We found that:

  1. NAIT has no copy (either hardcopy or softcopy) of the LIC constitution; see the attached email communication with NAIT.
  2. Cache County Record Office has no copy of LIC constitution; confirmed by Br. Elsanousi.

These findings could only mean that the English variant two is an unofficial LIC constitution. Therefore, we conclude that the legal constitution is the English variant one.

The next issue, about the amendment of the LIC constitution. In all versions of the LIC constitution, any amendment to the constitution should (a) not against the Islamic law; (b) approved by two-thirds of the frequent comers; and (c) approved by NAIT. We were able to clarify this issue through communicating with various brothers and the handover meeting. In summary, we found that:

  1. There was no communication to NAIT about amendment of the LIC constitution; confirmed through email communication, see the attachment.
  2. There was a community meeting which discussed the community need for a Board of Trustee; confirmed by br. Adnan, br. Abdurazag, and br. Adam.
  3. In this meeting, the community agree to form the Board of Trustee; confirmed through the community meeting notes and handover meeting.
  4. No amendment of the LIC constitution was agreed during the meeting; confirmed through the handover meeting.
  5. There was a follow up mistake after the meeting where the person in charge for the documentation used the term "amendment of LIC constitution" instead of "the creation of the Board of Trustee"; confirmed through the handover meeting.

This findings mean that no amendment to the LIC constitution was made. However, the committee acknowledge that a community meeting was occurred. If it was necessary to change the LIC constitution for accommodating the creation of the Board of Trustee, the committee is ready to help in the best we can to follow the proper procedure in amending the constitution.

Conclusion

The legal LIC constitution is the English variant one. A community meeting was held to discuss and form the Board of Trustee. There was no amendment to the constitution. If it is necessary to amend the constitution, then (a) proposal, (b) community meeting, and (c) communication with NAIT are in order. The committee is ready to help this process in the best we can.

May Allah accept our efforts for betterment of Logan Islamic Center and reward us with the best.