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Constitution of Uganda Muslim Supreme Council

BISMILLAH RAEHMAN RAHIM

(IN THE IN THE NAME OF ALLAH, MOST GRACIOUS, MOST MERCIFUL)

“And hold fast, All together, by the Rope with God (stretches out for you) and be not divided among yourselves:” (S III: 103)

THE COMPANIES ACT (CHAPTER 110 of The Laws of Uganda)

THE AMENDED MEMORANDUM AND ARTICLESOF ASSOCIATION (CONSTITUTION)

OF

UGANDA MUSLIM SUPREME COUNCIL LIMITED

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Ashad SENTONGO, 12/19/12,

Legal Form of UMSC: Some of the key informants have suggested that UMSC should not be registered at all but only rely on the Qur’an and Hadith as its constitution; while others have suggested that the registration should not take the company form because it makes the organization look like a business entity rather than a religious one. IS REGISTRATION BETTER? IF SO WHAT FORM IS APPROPRIATE, ALBEIT THE BEST? Religious organizations like the UMSC have an option of existing as unincorporated associations or incorporated ones. The problems with the former include that: the association will have no legal personality; This implies that it can not own property; enter contracts on its own and in its name; and any liability has to be born by the members rather than the association; the association can not sue or be sued ; and its capacity to mobilize money and deal with third parties will be greatly limited, as the norm is for such parties to demand for evidence of registration. The possible forms of existence of the UMSC are by way of: an unincorporated association, which will involve merely having a constitution that will govern the relationship between Muslims and or their other organizations; A Trust, which will involve drawing up a Constitution and or regulations and having the same registered under The Trustee Incorporation Act, with named persons as the trustees of the community, who will thereby be named as the beneficiaries of the trust. The trust is a relationship between those that donate, the trustees who keep, manage and maintain and the beneficiaries on whose behalf the trustees will hold trust assets/property and execute duties and carry out activities forming the objectives of the trust; The third option is the current form, which is “the company limited by guarantee”. In this case, the objectives of the organization are laid out in what is known as the memorandum of association. The organization is obliged only to do what is permissible by way of having been listed as an objective of the organisation. Any activity done outside these objectives is ultra vires, simply put, it is not valid. The way the organisation will be managed and run is laid out in what is known as the Articles of Association. Both these documents form the constitution of the organisation and once registration is done, legality of the actions touching the organisation especially on management issues will be gauged based on whether the provisions laid out having been complied with or not. Upon registration/incorporation, the organisation acquires legal personality; can sue and be sued in its own nmae; can own property; can enter contracts in its own name; its liablity is born by it and not the members or directors/management, e.t.c. By comparison, the unincorporated entity is very risky and does not fit the needs of the entire Muslim which is over 7 million now; The trust model means that the community has to put its trust in a few individuals in whose names the UMSC propeties would now vest; it exposes the organisation to too much control by the Minister of Lands, as is authorised by the Trustees Incorporation Act. This authority can and has been abused in the case of the Muslim Sunni Association and others. It would be a grave mistake and indeed against Islamic norms to be bitten twice from the same hole; The current form has its weaknesses as indicated by some infromats but is still the best. It allows self regulation, unlike the Trust model, whose permission to self regulate is taken away by the wide Ministerial powers in the law; Further, changing the form would require liquidation of the UMSC, and setting up the Trust, which in itself is very costly, and complicated, especially considering the many assets UMSC has, and divergent interests in it; There has been allegations that the churches have a better form of registration, and I have found that in the case of The Protestant Church, it was initially reguated by an Act of Parliament, The Church of England Trustees Act (Chapter 158 of The Laws of Uganda). In 1961, it chose to break away from the Church of Engand and came with a constitution which regualtes the communion of churches that are otherwise autonomous. The Trustees are registered under The Trustees Incorporation Act. The Board of Trustees is constituted by all the Diocesian Bishops as the representatives of their jurisdictions. The Trustees are only relevant with regard to property ownership and management. The Church is however governed by Canons and Books of Worship that are universally used and the archibishop of Cantebury is the indirect head thereof, whereof, the Church of Uganda is part of the world wide communion of Angican Churches. Uganda is part of the world wide communion of Angican Churcheshop of Cantebury is the indirect head thereof. rd to In the case of the Catholic Church, it also has tructees but this is part of an international strcuture of the Catholic Church headed by The Pope. The Orthodox Church also has Trustees registered under the Trustees Incorporation Act and is part of an international structure. The Muslims in Uganda do not subscribe to ant international organisation. This is fundamental difference they have with their christian fellow country men and women. There is no linkage to an international body of arbitartors or overseers as is the case with some christian communities. It is important that the legal structure chosen supports this absolute autonomy character of the community. A part from the guidance in The Qur'an, Hadith and other Sharia Law sources, the rules regulating the organisation of the Muslim community are autochtonous to the Ugandan Muslims. It is worth noting that in some of the above mentioned churches, cases of misappropriation of communal/ church properties has taken place and disputes keep coming up on that basis, as was the case with the UMSC eading to the current impulse. The Trust model does not therefore seem to be a solution to the UMSC problems. In view of all the above, added to the bad experience Muslims have had with the Trust Model of The Sunni Muslim Community (Where the Minister effectivey assumed the powers of the members and substituted the board of trustees appointed by them with one that immediately misapproporiated the all the association's properties, it is deemed unwise to change from the Company Limited by Guarantee status to the trust model. The complaint that the UMSC appears more as a business than a religious entity can be cured by removing the objectives and articles that make it so and instead have provisions that allow it freedom to set up and own other companies that will engage in business, to make the UMSC self sustaining. Further, the words "NOT FOR PROFIT " should have been added after the words "LIMITED BY GUARANTEE" , and the objectives should have emphasised that no income of the organisation would be used for the benefit of the members e.g. as dividends; other changes should be made to cure this problem, as will be indicated against the respective provisions herein. The recommendation should be to stay with the current form but improve on this constitution to cure the flaws at hand. On the hand, since most of the key informats were inclined to have trustees, these can be catered for within the current structure, whereby A Board of Trustees is created and appointed to hold The UMSC Property with the UMSC (the company) or the entire Muslim Community as the named beneficiary. A management company can be formed to manage these properties on behalf of the trustees. The Shura should in that case have the powers to appoint this Board . Such would not require liquidation of the UMSC but rather put the properties out of its management's jurisdction.


CONTENTS

NAME AND OBJECTIVES OF CORPORATIONCOMPANY…………………........ 1

ARTICLE 1: NAME AND MEMBERSHIP…………………………..... 6ARTICLE 2: …………………………………………….COMPOSITION AND PRESANTATION…………….… 6ARTICLE 3: ELECTRAL COMMISSION……………………….…… 10ARTICLE 4: CHAIRMAN……………………………………………... 11ARTICLE 5: MUFTI…………………………………………………... 12ARTICLE 6: QUALIFICATIONS FOR THE OFFICE OF

MUFTI….. 14ARTICLE 7: DIRECTOR OF SHARIA………………………………. 14 ARTICLE 8: MAJLIS AL-ULAMA………………………………….. 16ARTICLE 9: IMPEACHMENT OF CHAIRMAN, MUFTI,

DEPUTY CHAIRMAN,

MUFTI, DEPUTY MUFTI AND

SECRETARY GENERAL…………….. 18ARTICLE 10: EXECUTIVE COMMITTEE…………………………… 20

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It is better to re- arrange the Articles, so that posts are provided for in a consecutive manner and thereafter, the committees are also provided for consecutively. Further, the general clause on impeachment should appear after the different posts are provided for, so as to make the constitution easy to follow. Please note that part of the problem with the constitution is that it is not user friendly, therefore as we review it, we should remedy this defect as well.


The Tabe of Contents: This area will need to be reworked in view of the impending changes.


ARTICLE 11: THE JOINT SESSION………………………………………... 23

ARTICLE 12: THE MANAGEMENT COMMITTEE………………… 24ARTICLE 13: THE SECRETARY GENERAL……………………………...

26ARTICLE 14: THE SECRETARY FOR RELIGIOUS

AFFAIRS………….. 29ARTICLE 15: THE SECRETARY FOR FINANCE AND

PLANNING…… 29ARTICLE 16: FINANCE……………………………………………… 30ARTICLE 17: MEETINGS……………………………………………. 34ARTICLE 18: APPOINTMENTS COMMITTEE……………………..

35ARTICLE 19: MUSLIM DISTRICT COUNCILS…………………….

36ARTICLE 20: MUSLIM DICTRICT COMMITTEE………………….

39ARTICLE 21: COUNTY AND JUMA MOSQUE COMMITTEE……

42ARTICLE 22: SUPERVISION OF MUSLIM DISTRICT

COUNCILS 43ARTICLE 23: GENERAL……………………………………………... 43SIGNATORIES TO THE CONSTITUTION…………………………… 46SCHEDULE………… “A” ARTICLE 5: DUTIES OF THE MUFTI…………….. 47SCHEDULE “B” ARTICLE 12: DUTIES OF THE MANAGEMENT

COMMITTEES……………………………………... 48

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These should form part of the main body of the Constitution.


These should form part of the main body of the Constituttion.


THE


AMENDED MEMORANDUM OF ASSOCIATION

1. The Name of the corporationCompany is “UGANDA MUSLIM SU-PREME COUNCIL LIMITED ” (Established on the foundation of the Holy Qur’an Hadith or the Teachings of the Holy prophet MUHAMMAD (S.A.W.) the FOUR CALIPHS and the Four I

2. MAMS without deviation from the principles and laws of Islam).

3. The Registered Office of the CorporationCompany (hereinafter called the Council) will be situated in Uganda. Plot 23-25 Old Kampala Road

4.

5. The UMSC shall be a company limited by guarantee without a share capital and not for profit.

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The Words "Not for Profit": These critical words are missing yet they define the character of the UMSC to have it away from regulations that would relate to private business companies.


This name may need to be changed in view of the changing character of the organisation


The Name : Under the law the word “LIMITED” must be put after the name but consent can be obtained from the Minister to dispense with it after incorporation.


6.

7. The objectives for which the Council is established are:-

a) To Unite and keep united and achieve and maintain th all encompassing e unity of immediacy to all, amongst Muslims in Uganda; and

b) Without prejudice to the foregoing, to bring together and act as a platform for cooperation, unity of purpose, coordination, arbitration, mediation and a tool of indivisibility of and amongst all Muslims and organizations under which Muslims in Uganda organize, arrange and manage their religious/spiritual affairs; and

c) To promoteadvance and promote the Islamic religion for the benefit of the Uganda Public and the entire human race; and

d) To advance and promote and the spiritual, moral and material welfare of Muslims in Uganda; and

e) To promote greater understanding and awareness of Islam; and

f) To organize, educate and enhance the development of the Ugandan Muslim Community; and

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Objectives Review: It has emerged that the objects of the UMSC are not sufficient to cover all the intended activities the community expects from it and indeed charges it with. An example is that most of the key informats have criticised the UMSC of failing to unite the Muslim Community in Uganda. However, in the Constitution, unity is only mentioned in the preamble to the Articles of Association, and does appear in the Objects Clause of the Organisation. Working for Muslim Unity is thereofore not a task any leadership of the UMSC has been directly legally charged with. We have looked at the different forms of Unity, to determine what form the UMSC should strive to achieve. The MUslim Scholars in Uganda whom we have consulted have guided that Islam decrees unity of the Muslim Umah but acknowledges and respects the diversity amongst the Muslims, to the extent that they do not make Muslims change from being a community holding on to one rope. The purpose of the objectives on unity that are proposed is to achieve all forms of unity, incuding unity in diversity , so that the differences need not result in disunity or unresolvable disputes. Further, the UMSC is carrying out and intends to engage in many activities which the objectives do not cover, making such activities ultra vires (illegal). Further, many key informats have emphasized the need to incorporate comtemporary issues such as the role of women in society organisation and development, and the respect for the youth and disadvantaged groups rights, to make the organisation more relevant in the modern era. We have sought to rectify and cater for the above within the context of Islamic Law, by adding to/ modifying the existing objetives and introducing new ones, followed by Articles in the Articles of Association that will help to realise them.


g) To encourage positive contribution to the Ugandan Muslim Community and the Ugandan society as a whole and promote social justice; and

h) To advance the Islamic faith and religion for the benefit of the public in accordance with the following doctrines:

I) The belief in the oneness of Allah, The Most High, Most Powerful, who does not beget nor was He Begotten; II) The belief in Allah’s revelations that ended with the Quran; and III) The belief in the prophethood of all Allah’s Angels; and the belief in Allah’s messengers and prophets, with Mohammad (Peace Be Upon Him) as the last and most important messenger and prophet of Allah; and 1V) The belief in and observance of The Holy Month of Ramadhan; and V) The belief in and performance of the Haj for those who can afford; and VII) The belief in and observance of the five daiy mandatory prayers; and V III ) The belief in the Final Day of Judgment and the hereafter as taught in the Quran and Hadith; and

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As taught by The Prophet Mohammad (SAW), these constitute the five pillars of Islam agaisnt which being a Muslim or not is to be determined. The Musim jurists in Uganda have unanimously guided that we should lay these out as the determinat of who a Muslim is within the meaning of this constitution.


i) To set up, organize and ensure the setting up and smooth operation of Sharia/Khadis’ Courts and the enforcement of sharia law in all aspects of life as permissible in Uganda; and

j) To promote, advance and put in place mechanisms, facilities, institutions and other things necessary for the Muslims to practice their religion, and in particular to be able to perform and fulfill the five pillars of Islam and the sixseven pillars of faith in Islam. This is to include but not limited to the setting up and or coordination/facilitation of and working with the institutions set up for: the collection, management and distribution of Zakat, Waqfu and all manner of Islamic funds; the handling, organization and management of Hijja and Umra; the coordination, management and overseeing the affairs of Imams and Duwats; the management and running of Mosques; Islamic advocacy and such other institutions as may from time to time be set up by members of the Muslim Community to further common goals; and

k) To engage in all activities that the Council may deem necessary for promotion advancement of the Islamic faith and

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religion, including but not limited to: broadcasting of Islamic message of dawa and or teaching nature; the holding and organizing of of prayer meetings, conferences and congregations, lectures; public celebration of Islamic festivals; producing and/or distributing literature on the Islamic faith and religion; to generally enlighten others about the Islamic faith and religion; providing services of Islamic worship; Islamic teachings; setting up and maintaining of facilities or services to allow and enable Muslims to practice their faith or follow its doctrines; producing or making available literature explaining the Muslim doctrines and how to find out more about them and distribution of the Qur’an, hadith publications and other Islamic texts; and

l) The relief of sickness and the preservation of health among people including assisting in the treatment and care of persons suffering from mental or physical illness of any description or in need of rehabilitation by the provision of facilities for the same, provision of financial assistance, support, education, spiritual guidance and prayers, and by

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setting up running and maintaining hospitals, residential homes and similar institutions and or assisting in the provision of equipment, facilities and services ; and

m) To relieve the elderly and the poor people who are in need, by providing specially designed or adapted housing, and items, services or facilities calculated to relieve the needs of such persons and to relieve financial hardship, sickness and poor health amongst elderly and the poor people ; and

n) The relief of financial hardship among people living or working in Uganda or elsewhere by interalia providing such persons with goods and or services which they could not otherwise afford through lack of means; and

o) The relief of financial hardship, either generally or individually, of people living in Uganda by making grants of money for providing or paying for items services or facilities the relief of the sick and the poor living in Uganda either generally or individually through the provision of grants, goods or services.; and

p)

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To advance the education of the public in the Islamic religion and to advance the education of students at all levels of the education system interalia by providing and assisting in the provision of facilities for education in schools, colleges and institutions of learning, the use of lectures, research, publishing educational materials, hands-on training; and

q) To advance and promote the education of and educate and train Muslims and Sheikhs for the preaching of Islam and the performance of the rites of Islam; and

r) To establish and operate Educational Institutions for the instruction and training of people for the benefits of Islam; and

s) To conduct refresher courses for the orientation of Sheikhs, Preachers, Imams and other Muslim religious leaders in the performance of their responsibilities; and

t) To operate Institutions of charity and rest home for orphans, destitute, the disabled and other needy persons; and

u) To purchase or buy any other means acquire any free-hold mailo land, leasehold or by other property or rights

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and interests in land whatsoever which may be necessary for or may be conveniently used in the promotion of Islamic faith in Uganda or otherwise in the fulfilment of the objectives of the Company/the Council; and

v) To set up and manage companies and other organizations to improve, manage, charge, cultivate, develop, exchange, let on lease, or otherwise mortgage, chargee sell or dispose of items, grant rights and/or privileges over or otherwise deal with all or any part of the property, interests, and rights of the Council;

w) T to raise appeals for funds in any of the Islamically permissible mannerssuch a manner as the Council shall think fit and give security for such money where required, by way of or borrowed, raised or owing by mortgage, charge or lien upon the whole or part of any property of the councilCouncil of any obligation or liability it may under-take;

x) T to enter into any arrangements, cooperation, ageements and relationships with Governments (local and international) or au-authorities (Municipal, Local or otherwise), Non-Government Organisations, International Organisations, or corporations companies, trusts or other

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Wording that connotes business intention: Please note these words as an alternative to the words proposed below as introducing the business objects. The mischief is the organization being involved in doing business for the sake of it, and the flip side being to disengage the same but leave it self sustaining.


types of public and or private organisations or persons that may seem to the Council conducive to the attainment of the Council’s objects or any of them and to obtain from any such Governments, Authoritiesy, Corporation, Non-Government Organisations, International Organisations Corporation, and companiesy and Concessions, rights and interests which the Council may think desirable and to carry out, exercise and comply with any obligations concessions made in the process; and .

y) T to erect, manage and supervise mosques, schools, institutions, Islamic centers and/or hospitals libraries,for the benefits and/or hospitals for the benefit and welfare of Muslims and other people;

z) For purposes of raising money to finance the charitable and religious objectives and activities of the Council, tto carry on the business of planters, growers and producers of coffee, cocoa, cotton, coconuts, maize, sugar, fruits, and natural products of any kind whatsoever, cattle farming, sheep breeders, dairy, produce or products; and for the benefits of the Council;

To engage in advocacy, local and

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This, and the objectives that follow are what many informants termed as the business character of the UMSC. It is vital for the UMSC to be financially self reliant but this should clearly come out as the object as opposed to leaving the wording open ended. I have therefore put the proposed additions.




Please note that some of these have been catered for before in my proposed additional objects. I have therefore deleted the same.


international public relations, and propagation activities related to and or intended to advance and promote the Islamic religion in Uganda, including but not limited to conservation protection and improvement of the physical and natural environment, human rights as prescribed in Islam, Islamic women rights realization, Muslim youth empowerment, giving relief and protection to refugee and victims of disasters, natural and man made and or wars and conflicts, and the protection and uplifting os standards for the disabled, the poor, the needy and the disadvantaged; and To set up a registry of Muslim marriages in Uganda, and set up, coordinate and supervise/oversee facilities for the ceremonisation or conduct of Muslim marriages, and with the guidance of Islamic teachings,to provide, for the benefit of the public, assistance through conciliation for couples whose relationships appear to be breaking down, and where such relationships have already broken down, to advise and help in the settlement of differences or potential differences over associated matters such as custody and access to children, and financial matters; and aa) For purposes of raising money to

finance the charitable and religious objectives and activities of the Counciltoto carry on the business of stationers, printers, lithographers, envelop

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manufacturers, book-binders, book-binders, book-sellers, dealers in any materials used in the manufacture of paper and any other articles or things of a character analogue to the foregoing or any of the connected therewith;

bb) For purposes of raising money to finance the charitable and religious objectives and activities of the Councilto establish and carry on all or any of the business of dealers and workers in cement, lime, plasters, clay, gravel, sand, minerals, earth, coke, fuel, granite, stone (including artificial stone) bricks, blocks, spun, concrete pipes, sanitary fittings and builders’ requisites and quarry y dioners, builders, general contractors and carriers;

cc) For purposes of raising money to finance the charitable and religious objectives and activities of the Councilto construct, erect, maintain and/or alter any buildings, machinery, plantorplanters works necessary or convenient for the purpose of the Council;

dd) For purposes of raising money to finance the charitable and religious objectives and activities of the CounciltoTo carry on any other business whether financial, manufacturing or otherwise and

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This, and the objectives preceding it are what many informants termed as the business character of the UMSC. It is vital for the UMSC to be financially self reliant but this should clearly come out as the object as opposed to leaving the wording open ended. I have therefore put the proposed additions.


This, and the objectives immediately preceding are what many informants termed as the business character of the UMSC. It is vital for the UMSC to be financially self reliant but this should clearly come out as the object as opposed to leaving the wording open ended. I have therefore put the proposed additions.


I could not establish the meaning of the word used, i.e. “dioners”




to engage in any activity calculated to generate Income into the Council or to enhance the value of or render profitable any of the Council’s assets.

4. The operations of the Council are to be carried on in Uganda and elsewhere.

5. Tthe income and property the CorporationCouncil however, whosoever derived shall be applied solely towards the promotion of the objects of the Council as set forth in the Memorandum and no portion thereof shall be paid , transferred, directly or indirectly by way of profit Bonus and/or Dividends to the members of the Council: Provided however that nothing herein contained shall prevent the payment in good faith of remuneration of any Sheikh, Muslim, servant or any person who has rendered services to the Council.

6. If upon the winding up or dissolution of the Council there remains, after satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to some other institution or institutions having objectives similar to the objects of the Council with like restrictions on the

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distribution of income and property among members as are contained in the immediately preceding clause hereof, such institution or institutions to be determined by the Council at or before the time of dissolution.

7. The liability of the members is unlimited Each member under takes to contribute to the assets of the UMSC in the event of its being wound up while he or she is a member, or within one year after he or she ceases to be a member for payment of the debts and liabilities of the UMSC contracted before he or she ceases to be a member, and of the costs, charges and expenses of winding up, and for adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding one Uganda shillings (UGX 1)

.

We, the members of the UGANDA MUSLIM SUPREME COUNCIL LIMITED Execute Committee whose names and address are sub-scribed hereunder are desirous of being formed into a corporationCompany in pursuance of this Memorandum or constitution.

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Guarantee against Liability: The law requires that the members of a company limited by guarantee should specify an amount which they guarantee as obliged to pay in the event that the company goes insolvent. It is a requirement of the law under section 4(3) of the companies Act (Chapter 110 of the laws of Uganda) (comment – this is a requirement of the law under section 4(3) of the companies Act (Chapter 110 of the laws of Uganda). We have proposed that the requirement be met and a figure of UGX. 1 ( One Shilling) be put.


NAMES, ADDRESSES AND OCCUPATIONS/DESCRIPTIONS OF THE SUB-SCRIBEERS:

…………………………………………………………………………………Dated this ………………….. day of ………………….., 20……..

WITNESSED TO THE ABOVE SIGNATURES.

THE COMPANIES ACT (CHAPTER 110 of THE LAWS OF UGANDA)

AMENDED ARRTICLES (SD)OF ASSOCIATION

OFUGANDA MUSLIM SUPREME COUNCIL LIMITED

Whereas the Uganda Muslim Supreme Council (herein called UMSC) was intended to create unity, harmony and development among Muslims in Uganda, Muslims have continued to

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Removing Government Meddling: The preamble to the Articles make reference to the Government as the entity that had the primary interest in the formation of the UMSC and as the one that actually created it. The new preamble proposed to have the Ugandan Muslims own the constitution and indeed the UMSC, and apprciate its existence and roles. A number of key informats have decried the medding in UMSC affairs by successive Governments. Considering the preamble to the Articles and information given during the various interviews, , we found that the Muslims themselves invited and encouraged the said Governments to do so. To cure the vice, we have sought to interalia remove the traces of the state from the Articles, which shoud be a purely private document.


experience divisions, inadequate levels of mobilization and sensitization, underdevelopment, poverty, economic and social backwardness and marginalization; AND

WHEREAS there has for several years been demand by the Muslims of Uganda for a review and improvement of the Memorandum and Articles of Association/Constitution of the Council; AND

WHEREAS a number of Commissions of Inquiry into the affairs and management of the Council as listed in Schedule 1 hereof have cited the Memorandum and Articles/ Constitution of the Council as one of the main causes of the problems facing the Muslim Community in Uganda and have thus recommended changes in the way the Council is structured and managed by; AND

WHEREAS following the expiry of the life of the General Assembly in 2002, without the same having appointed an electoral commission to organize fresh elections in accordance with the constitution/articles of association, there has arisen a dispute as to whether the elections that were thereafter organized leading to a new assembly were lawful; AND

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WHEREAS the conduct of the affairs of the UMSC are to be in accordance with the Sharia Law, under which in case of a vacuum the Muslims are authorized either directly or through their representatives to select an Advisory/ Consultative Council (Shura), which is meant to act as the superior organ of the organization/community of the Muslims; AND

WHEREAS in view of all the above and in a bid to finding solutions to the problems facing the Muslims in Uganda and the UMSC in particular, the adversaries within the UMSC agreed on the…..Day of……2012 to form a Joint Committee to interalia review and find the causes of the perennial disputes within the UMSC and the Muslim Community at large; AND

WHEREAS the Joint Committee made a report of its findings on the ….Day of…….2012, wherein it was interalia proposed that the Constitution/Memorandum and Articles of Association of the UMSC requires amendment in a number of respects; AND

WHEREAS following the report of the said Joint Committee, a meeting of all Muslims as members of the UMSC, individually and or through the different organisations through which the Muslims otherwise come together

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The justification for the Shura is Contained in The Quran, 42: 38; 2: 233 and 3:159 . See also the guidance by Muslim Scholars especially Gharm Allah Al-Ghamdy and Abu al Hasan Ali Ibn Muhammad Ibn Habib al Mawardi


and to which they otherwise belong and all Muslim Stakeholders in the UMSC was convened on the……. Day of………by the Registrar of Companies, following a requisition of a member dated………… and the said Plenary met on the….Day of………… and resolved and accordingly hereby amend, update, modify and improve the Memorandum and Articles of Association of the UMSC and appointed a Shura whose members are the signatories to this amended Memorandum and Articles of Association;

AND WHEREAS this amended Memorandum and Articles of Association has been made in consultation and with the concurrence of all stakeholders in the Muslim Community of Uganda including the organizations listed in schedule I1 1 hereto , whose leaders have appended their signatures to the said schedule as confirmation thereof;

AND WHERESA all Muslims as members of the UMSC acting through their different representatives in the Plenary/extra ordinary meeting of the members have also agreed to and hereby waive any right of objection, challenge or claim whatsoever to or arising out of the making and passing of

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Procedure for adapting The Amended Constitution: This remedy comes from Section 131 (1) and (2) of The Companies Act. Sub-Section (1) is to the effect that every Company should hold an annual general meeting atleast once every year in addition to any other meetings in that year. Sub-Section (2) states that : “if default is made in holding a meeting of the Company in accordance with sub-section 1, the Registrar may, on the application of any member of the Company, call or direct the calling of a general meeting of the Company and give such ancillary or consequential directions as the Registrar thinks expedient, including directions modifying or supplementing, in relation to the calling, holding and conducting the meeting, the operation of the company’s Articles; and it is declared that the directions that may be given under this sub-section include a direction that one member of the Company present in person or by proxy shall be deemed to constitute a meeting.” In this case, the Key Informants have revealed that the UMSC has skipped very many general meeting over the years, including the preceding year, which will justify the remedy being invoked. Further, the conflict relating to the life of the General Assembly can bring into question the legality of any AGM called, but the Registrar has the authority to suspend any Articles and modify others to give our proposed solution legality thereby bringing all stakeholders on board.


this amended Constitution/Memorandum and Articles of Association.

Whereas it has been found that there is disunity among we Muslims in Uganda based on factions.AND WHEREAS that the disunity has not been in the interest of us Muslims and the country as a whole. AND WHEREAS THE Government considers that the said disunity is a source of insecurity among the citizens and is aware of its primary duty which the protection of its citizens. AND WHEREAS The Government is of the opinion that in order to protect its citizens, there should be no factions in the Muslim faith which cannot justify their existence on the interpretation of the Quran or the teaching s of the Holy Prophet Mohammed (S.A.W) AND WHEREAS in order to bring about the desired unity, the Government did convene conferences of Muslims attended by Muslim representatives from all the Districts of the Country. AND WHEREAS THE said delegates deemed it necessary that in the interest of Islam all Muslims in Uganda should unite and that to this end there should be

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The involvement of The Government in the formation of The UMSC has been cited by several KIs as the main cause of failure by the Organization to unite Muslims and serve its other purposes. It is important to delink the UMSC from Government in terms of regulation and make it more self regulatory as should be the case with Companies. These recitals I propose to delete mainly served the purpose of giving Government a role in the management and governance of Muslim affairs through the UMSC, which would otherwise have been the subject of private law and regulation as applies in the case.


established a body unifying all Muslims. NOW THEREFORE we members of the Muslim faith having been elected on equal basis to represent all the Muslims in Uganda and having assembled here in the Conference Centre on 29th April, 1972 to bring about the desired unity and to this end setup one unifying body to coordinate and cater for all our affairs appertaining to the Muslim faith, we hereby give to ourselves this Constitution and resolve as shown below.

ARTICLE 1: NAME AND MEMBERSHIP:

(1) There shall be one body in perpetuity unifying all Muslims in Uganda to be known as the UGANDA MUSLIM SUPREME COUNCIL (hereinafter referred to as “the Council”) with (hereinafter referred to as “the Assembly”) in which all powers of the Council shall reside.

(2) (3) All Muslims, men and women, shall be

members of the Council.(4) ARTICLE 2: COMPOSITION REPRESENTATION:(5) For purpose of these Articles Uganda shall be divided into (6)

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Defining Membership: Under Section 27 of The Companies Act of Uganda, a member of a company is defined as either the subscriber to the memorandum of a company or a person who agrees to become a memberand whose name is entered in the registerof members Accordingly, automatic membership is not permissible. What is possible is automatic eligibility so that the membership is triggered by one of the listed things . It is worth noting that the agreement required of one to become a member is not required to be in writing. This implies that one could agree by conduct or verbally e.g. if an advert is posted informing all that the membership of the UMSC shall include all muslims in Uganda save those who will have expressed a disclaimer, one can righty say that agreement has been procured from the Muslims to be members of UMSC. In the future, the fact that the Memorandum and Articles will continue being public docments, the non disclaimer of people who will join the religion in the future could cater for agreement by conduct. To avoid the legal provisions on membership of companies being misused or taken advantage of, we have included a paragraph defining all Musims in Uganda as beneficiaries of the UMSC in addition to their being members. We have also included other organisations under which Muslims associate as members of the UGMC. This is to recorgnise the reality that Muslims have many other organisations under which they associate and carry out acts of faith. There has been reported a continued existence and operation of other such organisations, whcih has some times undermined the success and or effectiveness of the UMSC. We hope that bringing these to the dining table and giving them a role through the Shura and participation in different meetings will cure this. The alternative to all the above is to make the Juma Mosques the members. In this case the definition of a Mosque is the congregation that attends to the particular place of worship. The voice of the congregation will with its constant consultation be carried by the Mosque Leaders, and it is these leaders who will in turn sign in the register of members or otherwise give indicate the consent of thier congregation to membership. This will be in line with Islamic jurisprudence which takes the Mosque as the nucleus of the organisational structure of the Muslim Umah.


Perpetual Existence: It is illegal to say that a company is to exist in perpetuity, when the Companies creates the right of the members of any company to liquidate it. Indeed even the UMSC constitution allows liquidation. I have therefore deleted these words.


Please note that I propose to replace the acknowledgment of the historical meeting at Mbarara with a meeting of the General Assembly, which is the organ of the Council with the powers to amend the Constitution. I find it an error that in 1986 when the constituiton was amended, this reference was left there as the basis of legitimacy of the amendments. This error was repeated when it came to the signatories of the amended constitution, if the version given to the JMC is the current authentic one. It is vital to make the preamble apply to both the Memorandum and Articles, and only the Aeticles, as was the case before. Therefore, its positioning needs to change.


(7) (8) (9) (10) (11) (12) (13) (14) (15) [(16)] twenty six (26) Muslim Districts namely:-

(16)[(17)] Karamoja(17)[(18)] Acholi(18)[(19)] Sebei(19)[(20)] Bugisu(20)[(21)] Teso(21)[(22)] Lango(22)[(23)] Arua(23)[(24)] Madi(24)[(25)] Bunyoro(25)[(26)] Toro(26)[(27)] Mbarara(27)[(28)] Bushenyi(28)[(29)] Rukungiri

(29)[(30)] Kabala(30)[(31)] Masaka(31)[(32)] Rakai(32)[(33)] Mubende(33)[(34)] Est Buganda(34)[(35)] Luweero(35)[(36)] Mokono(36)[(37)] Kampnla(37)[(38)] Jinja(38)[(39)] Iganga(39)[(40)] Tororo(40)[(41)] Pallisa(41)[(42)] Nebbi

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1) The Joint meeting of the Majlis Al-Ulama and the Executive Committee (hereinafter called the ‘Joint Session’) may, subject to the approval of the assembly signifiers by resolution, creation new Muslim Districts or merge existing Districts and determine their Headquarters in the interests of efficient administration or for any other good cause but before deciding on any of the above matters the Joint Session shall consider the following factors:-

2) Muslim population in the area,3) Number of Juma Mosques in the area,[4)] Number of Maddrasas in the area,4)[5)] Availability of Sheikhs in the area,5)[6)] Office and Residential accommodation, 6)[7)] Guarantors for the maintenance of

thee District Kadhi and staff,7)[8)] A reasonable sum of money to finance

the establishment of the District and to run Islamic activities in the District for at least two years.

8)[9)] The overall efficiency of the parent District.

9)[10)] [11)] (3) Each of the following Districts shall be represented on the

assembly by three (3) Representatives including the District Kadhi.

a. Pallisa.

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For avoidance of doubt, there should be more certainty in these guidelines e.g. how many mosques or Muslims should form a district?


b. Rakai.c. Mukono.d. Nebbi e. Bushenyi.f. Rukungiri.The rest of the Districts will each be represented by five (5) representatives including the District Kadhi.

4) The Joint session may, subject to the approval of the assembly signified by resolution from time to time increase or decrease the number of representatives from any District according to changes or shifts in the Muslim population.

(5) A representative to the assembly shall be a male Ugandan mature, respectable and good practicing Muslim who does not violate the norms of Islam and is able to write and speak one of the following languages; English Swahili Luganda

(6) (a) Members of the assembly shall be popularly elected from Juma mosques, counties (matwale) and Districts all

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acting as electoral colleges in accordance with such directives or guidelines as may from time to time be issued in that behalf by the electoral commission as hereinafter establish.

(b) Each Juma mosque shall elect two (2) representatives one of whom shall be the mosque imam to the county council where an electoral college will be formed to elect five (5) representatives to the District council from whom two or four representatives to the assembly as the case may be shall be elected. In either case the District Kadhi shall join the elected members as the third or fifth representative of the District. (c) Notwithstanding the provisions of sub-paragraph (a) of this paragraph, there shall be eight specially elected members of the assembly to be elected by the assembly from the entire Muslim population of Uganda during the first general meeting of the assembly.(7) The life of the assembly shall be five (5) years and the chairman and members thereof shall be eligible for re-election.

(8) If an elected member of the assembly is appointed to a full-time office within the

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I propose to delete this clause. If we agree to adopt selection as opposed to election as a means of coming up with leaders, and leave open the pool from which the selection can take place, then this clause is irrelevant.


This needs to be re-formulated in view of the proposed decentralization of power and authority.


Elections: From the interviews and consultations, it has emerged that the electoral system the UMSC employs is not Islam prescibes. Islam prescribes a way leaders should be chosen, and this is different from what is in the UMSC constitution. For instance in Islam the process of choosing a leader is not meant to get one who pleases the electorate or otherwise who is most popular, but rather one who merits to occupy the position. The process is not supposed to involve only those who know what the leader they are chosing shoud be like i.e. those knowledgeable in the particular subject, not the masses or masses representatives per se. Campaigning or any form of soliciting of votes is forbidden. This system is cleary contrary to the tenets of an election. We have accordingly proposed that "Elections be substituted with a "Selection" Process. Selection guidelines and regulations should be formulated using this part of the SHARIA AS A GUIDE, and the same be clearly made an integral part of the constitution in a schedule. We have laid out some of the guidelines that could be adopted (see the Draft Schedules) Some of the key areas that need to be considered when formulating the regulations in this schedule are: Campaigning and or canvassing for votes In Islam it is forbidden to ask for and or actively seek for positions of leadership; It is also not permissible that there is need for a crisis and Islam needs one's services of leadership and that person does not offer themseves. Reference is made to several Hadiths and Surat Yusuf: 55. It is however permissible for one to tell the electoral college his/her qualities and abilities, without campaigning; Please see the extract on leadership in Islam attached for further guidance on this and other related issues.


council, his place on the assembly shall forthwith become vacant.

(9) If an elected member of the assembly dies resigns or is removed by the assembly, his place shall forthwith become vacant.

(10) The assembly shall have power to remove, dismiss or discipline any of its members who ion its opinion conducts himself in a manner which offends the council, the assembly or Islam or otherwise becomes incapable of performing his duties or misses three consecutive meetings of the assembly without a justifiable reason.

(11) The District Muslim council or the assembly in the case of a specially elected member, concerned shall fill the vacancies created under paragraph 8 and 9 of this article.

(12) There shall be a register of the members of the assembly kept by the secretary general wherein the following particulars shall be entered:- (a) The names and addresses of the members. (b) The date at which the member became a representative.

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(c) The date at which a person ceased to be a member.

ARTICLE 3: ELECTORAL COMMISSION:

There shall be an electoral commission consisting of nine (9) members elected from the entire Muslim population of Uganda by each assembly during its last session before general elections.

The electoral commission shall conduct and supervise the election of Muslim Representatives to the assembly in accordance with the provisions of sub-paragraph (a) and (b) of article 2 of these articles.

The electoral commission shall have power to entertain receive and determine any complaint or dispute arising out of the general elections and its decision thereon shall be final.

At the end of the general elections and any disputes/complaints arising there from the electoral commission shall make a report thereon and submit the same to the Joint session for information and necessary advice to the assembly.

The electoral commission shall have power to co-opt or employ any Muslim person it shall consider necessary for the proper discharge of its responsibilities.

The electoral commission shall regulate its own procedure and issue such guidelines as it shall deem fit for the proper conduct of the elections.

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ARTICLE 4: CHAIRMAN: There shall be a part – time Deputy Chairman of the Assembly elected by the assembly from the entire Sunni Muslim population of Uganda under the Mufti.

The Chairman and Deputy chairman shall be mature respectable and good practicing Muslims who do violate the norms of Islam and are capable of writing the official language of records of the council.

The Chairman or deputy chairman of the assembly shall also be the chairman of the executive committee and the Joint session except for purposes of paragraph 2 of Article 9 of these Articles.

Subject to the provisions of paragraphs 5 and 6 of this Article, the Chairman and deputy chairman shall each remain in office for the life of the assembly.

The Chairman or deputy chairman shall be liable for removal by the assembly for any of the following reasons:-If he becomes of unsound mind;If he is declared bankrupt;If he conducts himself in a manner unbefitting his office;If he commits a criminal offence which in the opinion of the Joint Session tarnishes his image in the public;If he violates Islamic norms;If he becomes incapable of performing his duties.

The chairman or deputy chairman shall vacate his office if he:-

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resigns in writing addressed, in the case of Chairman, to the Mufti and in the case off Deputy Chairman to the Chairman;is removed as a result of successful impeachment;dies.

ARTICLE 5: MUFTI:There shall be a mufti of Uganda to be styled “HIS EMINENCE THE MUFTI” who shall be the leader and head of Muslims I Uganda.

There shall be a There shall be a mufti of Uganda to be styled “HIS EMINENCE THE MUFTI” who shall assist the Mufti in the execution of his functions and duties.

The mufti and deputy mufti shall be nominated by the Joint session from the entire Sunni Male Muslim population of Uganda for the approval of the Assembly.

The Mufti shall be the chairman of the Majlis Al- Ulama and signatory to its decisions and ceremonies.

The Mufti shall be the official representative of the Council on all National Occasions and ceremonies.

The Mufti shall be an ex-officio member of the Executive Committee and Chairman of Management committee.

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It has been suggested that we delink the spiritual leadership from the executive one. This linkage needs to be rethought.



This change has been suggested by many KIs who have presented a convincing case that in the joint session are persons not well knowledgeable about the qualifications a mufti should have. Upon consultation with the Learned Jurists, we have established that the purpose of elections in Islam should not be to please the voters but to get some one meritorious for the job; The electorate should always be persons who know the goals of an Islamic election, together with those in authority among the Muslims; The above position is based on Surat Nisa: 83. From this verse of the Quran, Allah decrees that when a major issue is at hand, it should not be handled with excitement but referred to The Prophet, or those in leadership who should consult the ones knowledgeable about the subject and come up with a decision. The selection of leaders is considered a major issue that should be handled in accordance with this decree. This is how the electorate of Muslim leaders should be determined. The issues the above decree poses are whether the electoral college in the UMSC constitution is Islamic and who are those in Leadership in the Muslim Community; In the Sunni Islamic jurisprudence, every Muslim Community/Organisation should have what is called the Majlis-Ash-Shura, interpreted to mean "the Consultative or Advisory Council". Acoording to Muslim scholars such as Mohammad Rida and Faiyadh, the Majlis ash-Shura should be the best of the Ummah composed of the scholars; and those experienced in life (i.e. experts in Islamic and non Islamic fields, such as economics, engineering, medicine, lawyers, the leaders, businessmen); men with wisdom and judgement; above average relatively; and respected people of the society; they should have a deep knowledge of Islam as a basic preliquisite; must be people whose opinions and decisions are obeyed and respected; and should have people from many fields of expertise to ensure a broad base od support and knowledge. It is the above organ (Shura) that is charged with the selection of Muslim leaders, make rules and regulations, remove and or discipline leaders, and make the most important decisions of the organisation. In Uganda, it is lacking, and this party explains why the community finds it hard to resolve conflicts on their own. We propose that A Majlis Ash-Shura be put in place, as the most important step towards addressing all issues, and challenges facing the Muslim Community in Uganda. It is our proposal that all leaders of Muslim Organisations with a defined minimum number of followers should sit with the Ulamas at the different levels to select the leaders. This issue of who is a leader that should sit with the Ulamas needs to be thoroughly debated. This is where the role of the royal family comes as well. Some KIs seem to contend that using the mosque as the basic unit is sufficient to cater for this, since these organisations operate and relate to their followers through Mosques as the center of Islamic practice.


1) Subject to the provision of paragraph 8 and 9 of this Article the Mufti and Deputy Mufti shall remain in office until they are 70 years old.

2) Disqualification from holding the office of Mufti and Deputy Mufti.

[3)] The Mufti and Deputy Mufti shall be liable for removal by the assembly for any of the following reasons:-

3)[4)] If he becomes of unsound mind[5)] If he is declared bankrupt;4)[6)] If he conducts himself in a manner

unbefitting his office;[7)] If he commits a criminal offence which , in

the opinion of the Joint session, tarnishes his image In the public;

5)[8)] If he violates Islamic norms;6)[9)] If he becomes incapable of performing his

duties.7)[10)] 8)[11)] The Mufti or the Deputy Mufti as the

case may be, shall vacate his office if he:-[12)] Resigns in writing addressed to the

Chairman;9)[13)] Is removed as a result of impeachment;[14)] Dies.10)[15)] 11)[16)] The duties of the Mufti are more

specifically set out in schedule “A” to any official of the Council.

12)[17)]

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This has no place in Islam


[18)] ARTICLE 6: QUALIFICATION FOR THE OFFICE OF THE MUFTI

[19)] To be considered for office of the mufti a person must have the following qualification:-

13)[20)] Ugandan,14)[21)] At least 40 years old,[22)] A degree or its equivalent in Sharia from

a recognized university,15)[23)] Fluent in Arabic language,16)[24)] AHLISUNNAHWAL-JAMA’AH,17)[25)] Responsible, properly married and a

good practicing Muslim,[26)] Free from offences under the National and

Islamic Laws.18)[27)] ARTICLE 7: DIRECTOR OF SHARIA:[28)] There shall be a Director of Sharia of

Uganda.19)[29)] [30)] The Director of Sharia shall be appointed

by the JOINT SESSION and shall be:20)[31)] At least 40 years old,21)[32)] A holder of a degree in Sharia obtained

from a recognized Islamic University.22)[33)] From Ahlisunnah Wal-Jam’ah,23)[34)] Fluent in Arabic language and having a

working knowledge of English,24)[35)] Responsible, properly married and a

good practicing Muslim,25)[36)] Free from offences under the National

and Islamic Laws.26)[37)]

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we propose that this be at every region and the national fatuwa be made by their joint committee which will choose a chairman on a rotational level too.


[38)] The Director of Sharia shall preside over the Highest court of record in Islamic relating to:-

27)[39)] Marriage28)[40)] Divorce29)[41)] Inheritance30)[42)] Endowments,31)[43)] Any other disputes or issues whose

resolution does not conflict with State Laws.32)[44)] [45)] The Director of Sharia shall have

sufficient Sharia staff appointed by the Joint Session to conduct Sharia Courts both at Headquarters and District levels.

33)[46)] [47)] Subject to the provisions of paragraphs 6

and 7 of this article the Director of Sharia shall remain in the office until the age of 65 years.

34)[48)] [49)] The director of Sharia shall be liable for

removal by the Joint Session for any of the following reasons:=

35)[50)] If he becomes of unsound mind[51)] If he is declared bankrupt;36)[52)] If he conducts himself in a manner

unbefitting his office;[53)] If he commits a criminal offence which ,

in the opinion of the Joint session, tarnishes his image In the public;

37)[54)] If he violates Islamic norms;

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This seem to have no place in the Sharia


38)[55)] If he becomes incapable of performing his duties.

[56)] The Director of Sharia shall vacate his office if he:-

39)[57)] Resigns in writing addressed to the Chairman;

40)[58)] Is removed as a result of impeachment;41)[59)] Dies.42)[60)] 43)[61)] ARTICLE 8: MAJLIS AL-ULAMA:44)[62)] There shall be a Majlis Al-Ulama

consisting of 20 learned Sheikhs as follows:-45)[63)] The Mufti of Uganda as its Chairman;46)[64)] Ta Deputy Mufti of Uganda;47)[65)] Secretary for Religious affairs as its

secretary;48)[66)] 17 learned Sheikhs nominated on the

basis of their knowledge and experience by the Executive Committee for the approval of the Assembly.

49)[67)] 50)[68)] The Majlis Al-Ulama shall address

itself to and make final decisions on all matters relating to the interpretation of the Holy Quran and Hadith; the pronouncement of FATWA; the training, graduation, confirmation, orientation and disciplining of Sheikhs, the promotion of DA’WA and such other matters as are related or incidental to the foregoing.

51)[69)]

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This needs to be revisited in view of the various joint sessions as opposed to the original one.


52)[70)] Every member of the Majlis Al-Ulama shall, unless by special dispensation of the Assembly, retire at the age of seventy years.

53)[71)] 54)[72)] A member of the Majlis Al-Ulama shall

be a holder of at least a Degree in Sharia or Dawa from a recognized Islamic University or a Sheikh who, in the opinion of the Executive committee or the Joint session as the case may be, possesses sufficient knowledge in Sharia or Dawa through prolonged experience.

55)[73)] 56)[74)] A member of the Executive Committee may

also be a member of the Majlis Al-Ulama and serve on both Committees.

57)[75)] 58)[76)] The Majlis Al-Ulama shall regulate its

own procedure.59)[77)] 60)[78)] In addition to the qualification set

in paragraph 4 of this article a member of the Majlis Al-Ulama shall be :-

61)[79)] Mature, responsible, properly married and a good practicing Muslim,

62)[80)] Free from offences under the National and Islamic Laws.

63)[81)] Fluent in Arabic language,64)[82)] From AHLISUNNAHWAL-JAMA’AH,65)[83)] Solvent.66)[84)] 67)[85)] Disqualification of a member of the

Majlis Al-Ulama.

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68)[86)] A member of the M Majlis Al-Ulama shall be liable for removal by the Joint session for any of the following reasons:-

69)[87)] 70)[88)] If he becomes of unsound mind71)[89)] If he is declared bankrupt;72)[90)] If he conducts himself in a manner

unbefitting a member of the Majlis Al-Ulama;73)[91)] If he commits a criminal offence

which , in the opinion of the Joint Session tarnishes his image In the public;

74)[92)] If he violates Islamic norms;75)[93)] If he reaches the retirement age;76)[94)] If he becomes incapable of performing

his duties.77)[95)] (9) Vacation of the office of the

Majlis Al-Ulama.78)[96)] A member of the Majlis Al-Ulama shall vacate his office

upon:-79)[97)] his resignation communicated to the

Mufti in writing;80)[98)] his death;81)[99)] removal by the Joint Session;82)[100)] attaining the age of 70 years.83)[101)] 84)[102)] (10) Vacancies.85)[103)] With the exception of the Mufti and Director of Sharia

any vacancies on Majlis Al-Ulama shall be filled by the Joint Session and the Assembly shall be informed at its next meeting.

86)[104)] 87)[105)] 88)[106)] ARTICLE 9: IMPEACHMENT OF CHAIRMAN, DEPUTY

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89)[107)] CHAIRMAN, MUFTI, DEPUTY MUFTI AND90)[108)] SECRETARY GENERAL91)[109)] 92)[110)] An impeachment shall be initiated by

a petition signed by at least one third of the membership of the Joint Session and upon receipt of such petition the Chairman or Mufti, as the case may be, shall convene a meeting of the Joint Session.

93)[111)] 94)[112)] Where the impeachment is against the

Chairman the petition shall be addressed to the Mufti.

95)[113)] 96)[114)] In any other case affecting other

officers the petition shall be addressed to the Chairman.

97)[115)] 98)[116)] On receipt of the petition the

Chairman or the Mufti, as the case may be, shall send a copy thereof to the person impeached for a reply and such person shall stand suspended.

99)[117)] 100)[118)] A Joint Session shall be convene at

least seven days after delivery of the copy of the petition to the person impeached.

101)[119)] 102)[120)] Where the person impeached is the

Secretary General, the Mufti shall appoint one of the Secretaries to act as Secretary to the

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Impeachment of Leaders; Kis have strongly recommended that impeachment should be handled the same way as selection of leaders i.e. by the the Shura with regard to the Muftis and other religious leaders and the joint session with regard to other office bearers. The necessary adjustment therefore to be made in the clauses that follow.


Joint Session and the Joint Session shall appoint an acting Secretary General.

103)[121)] 104)[122)] Upon the removal of the Chairman or

Secretary General, the Joint Session shall nominate a person to fill the vacancy and submit the nomination at a special general meeting convened for the purpose.

105)[123)] 106)[124)] In case the person nominated is the

acting Secretary General at the special General meeting the Assembly shall appoint a person to act as temporary Secretary for that meeting.

107)[125)] 108)[126)] The Assembly may by a two-thirds

majority of the members present and voting reject a nomination.

109)[127)] 110)[128)] If the Assembly shall reject a

nomination then the Joint Session shall make a fresh nomination for the approval of the Assembly.

111)[129)] 112)[130)] 113)[131)] ARTICLE 10: EXECUTIVE COMMITTEE:114)[132)] 115)[133)] There shall be an Executive Committee

of the Council which shall consist of:-116)[134)] Four representatives each from

Buganda, Eastern, Northern and Western regions and Kampala District elected by the Assembly

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from the entire Muslim population of Uganda. At least one of the four representatives from each region and Kampala District shall be a Sheikh.

117)[135)] The Mufti, the Deputy Mufti, the Chairman, the Deputy Chairman and the Secretary General.

118)[136)] The Executive committee may co-opt either permanently or on adhoc basis persons with special expertise considered necessary for the proper discharge of its duties; provided that at no time shall the number of co-opted members exceed four.

119)[137)] 120)[138)] The Secretary for Finance and

Planning shall be a non-voting member of the Executive Committee.

121)[139)] 122)[140)] Other Secretaries shall attend

meetings of the Executive Committee by invitation.

123)[141)] 124)[142)] Disqualification of a member of the

Executive Committee.125)[143)] Any member of the Executive Committee

shall be liable for removal by the Assembly for any of the following reasons:-

126)[144)] If he becomes of unsound mind;127)[145)] If he is declared bankrupt;128)[146)] If he conducts himself in a manner

unbefitting a member of the Executive Committee;

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129)[147)] If he commits a criminal offence which in the opinion of the Assembly tarnishes his image in the public;

130)[148)] If he violates Islamic norms;131)[149)] If he becomes incapable of

performing his duties.132)[150)] 133)[151)] Vacation of office on the Executive

Committee.134)[152)] Any member of the Executive Committee

shall vacate his office upon his:-135)[153)] resignation in writing to the

Chairman;136)[154)] death; 137)[155)] removal by the Assembly.138)[156)] 139)[157)] Vacancies on the Executive Committee

caused by death, resignation or otherwise shall be filled in the following manner:-

140)[158)] In the case of an elected member by the Joint Session.

141)[159)] In the case of a co-opted member by the Executive Committee.

142)[160)] 143)[161)] The Executive Committee shall be the

principal organ of governing, conducting and administering the affairs of the Council and shall have full powers to act on behalf of the Assembly between the meetings of that body but subject to subsequent approval by the Assembly.

144)[162)]

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145)[163)] In particular and without derogation from the generality of the immediately preceding paragraph, the Executive Committee shall have power, inter-alia:-

146)[164)] to appoint, discipline, transfer and terminate the appointment of the employees of the Council and members of the Standing Committees, Adhoc Committees, Executive Boards for Industries, Schools, Houses, Hospitals or other bodies;

147)[165)] from time to time to determine an annual fee to be levied against every Muslim in Uganda and to provide for methods of enforcing payment thereof;

148)[166)] to create or approve the creation of administrative and other posts necessary for the proper running of the affairs of the Council;

149)[167)] to administer the property and finances of the Council; enter into or approve any agreement, loans, mortgages, or charges; approve any projects intended to generate funds for the Council and to approve the supplementary or additional estimates of revenue and expenditure of the Council;

150)[168)] to approve the Council’s annual estimates of the revenue and recurrent and capital expenditure including supplimentaries thereto;

151)[169)] To formulate, issue, promulgate or otherwise enforce any rules, regulations and bye-laws, including staff Regulations,

41


Financial Regulations, Administrative Regulations, for the better carrying out of the provisions of these Articles and Memorandum of Association;

152)[170)] To delegate any or all of its powers, duties and functions to officials, functional Committees, Boards and/ or Adhoc Committees.

153)[171)] 154)[172)] 155)[173)] ARTICLE 11: JOINT SESSION:156)[174)] There shall be a body called “The

Joint Session” constituted by the joint meeting of the Executive Committee and the Majlis Al-Ulama.

157)[175)] 158)[176)] The Joint Session shall be

responsible for inter-alia:-159)[177)] The initiations of proposals, for

the consideration and approval of the Assembly on the creation of new Muslim Districts or whenever necessary, the merging of existing ones;

160)[178)] The nomination of the MUFTI and the Secretary General for approval of the Assembly;

161)[179)] The appointment and disciplining the Director of the Sharia, the Secretary for Religious Affairs, the Secretary of Finance and Planning, the Secretary for Administration, the Secretary for Education and Social Services and such other Secretary

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or Secretaries as shall be necessary to man such departments of the Council as it may from time to time create;

162)[180)] The filling up of vacancies on the Majlis Al-Ulama and the Executive Committee;

163)[181)] The consideration of impeachment of the members of the Majlis Al-Ulama and the Executive Committee and any other responsibilities which may be considered befitting of a joint decision.

164)[182)] 165)[183)] The Chairman of the Assembly and the

Executive Committee shall be the Chairman of the Joint Session except when the meeting is for his impeachment in which case the Mufti shall be the Chairman of such meeting.

166)[184)] 167)[185)] The Secretary General shall be the

Secretary to the Joint Session but where the meeting is for his impeachment the Mufti shall designate any of the Secretaries to be Secretary of that particular meeting.

168)[186)] 169)[187)] The Joint Session shall regulate its

own procedure. 170)[188)] 171)[189)] ARTICLE 12: THE MANAGEMENT COMMITTEE:172)[190)] There shall be a management committee

consisting of :- 173)[191)] The Mufti and Deputy Mufti,174)[192)] The Secretary General,175)[193)] The Secretary for Religious affairs,

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176)[194)] The Secretary for Finance and Planning,

177)[195)] The Secretary for Education and social services,

178)[196)] The Secretary for Administration,179)[197)] Any other Secretary or Secretaries

that may be appointed from time to time by the Joint Session.

180)[198)] 181)[199)] The Mufti shall be the Chairman of

the Management committee.182)[200)] 183)[201)] The Management Committee shall

regulate its own procedures.184)[202)] 185)[203)] 186)[204)] Subject to the provisions of

paragraph 8 of Article 10 the management committee shall be the principle instrument for running the day to day affairs of the council and its Secretary shall be individually responsible for the initiation of policies and administration of such Department as may be assigned to him by Joint session. The duties of the Management Committee are more specifically set out in schedule “B” to these Articles.

187)[205)] 188)[206)] Each of the Secretaries shall be

responsible be responsible to the Secretary General in the administration of such department as may be assigned to him and the

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Management shall be collectively responsible to the Executive committee and the assembly for the proper administration of the affairs of the council.

189)[207)] 190)[208)] The Management Committee shall meet

at least twice a month.191)[209)] 192)[210)] The management Committee may

establish such sub-committees dealing with the affairs of particular departments as may be deemed necessary.

193)[211)] 194)[212)] Before taking office every member of

the Management Committee shall be required to take an oath in the prescribed form :-

195)[213)] To observe and uphold the Sharia and its constitution;

196)[214)] Not to divulge or disclose Council secrets that may come to his knowledge by virtue of his office.

197)[215)] 198)[216)] With the exception of the Secretary

General, other Secretary shall be professionally, technically and/or administratively qualified for their posts and shall, subject to the provisions of paragraph 10 of Article 23, hold the office, until the age of sixty years.

199)[217)] 200)[218)] The Secretary General shall have

power to suspend any secretary, and may assign

45


such Secretary’s portfolio and departmental responsibilities to any other Secretary as he shall think fit.

201)[219)] 202)[220)] Any case of suspension of a

Secretary shall immediately be referred to the Management Committee for consideration and if the management committee shall uphold such suspension then the matter shall be referred to the Joint Session for final decision.

203)[221)] 204)[222)] If any Secretary is out of Uganda

or otherwise unable to perform his duties for any other good reason the Secretary General shall designate some other Secretary to perform his duties.

205)[223)] 206)[224)] ARTICLES 13: SECRETARY GENERAL207)[225)] There shall be a Secretary General of

the Uganda Muslim Supreme Council nominated by the Joint Session from amongst the entire male Sunni Muslim population of Uganda for approval by the assembly.


Secretary to the Assembly, Executive Committee, and the Joint Session.

210)[228)] 211)[229)] The Secretary General or his duly

appointed representative shall be an ex-officio member of any Committee, Sub-committee, Adhoc committee or Board

46


established by the Assembly, Joint Session or the Executive Commit-tee, or any other body set up for the proper running of the affairs of the Council.

212)[230)] 213)[231)] The Secretary General shall have

executive powers, exercisable after consultation with the Mufti, and shall be the Chief Accounting Officer responsible to the Executive Committee, to the Joint Session and the Assembly for proper Administration of the affairs of the Council.

214)[232)] 215)[233)] The Secretary General shall be

directly answerable to the Chairman for matters relating to the business of the Executive Committee, Joint Session, and Assembly, and to the Mufti for matters of the Management Committee and those of the Joint Sessions where the Mufti is Chairman.


head of the Secretariat and shall have power to give directives to other Secretaries.

218)[236)] 219)[237)] Subject to paragraph 11 of this

Article, the Secretary General shall remain in office for a term of seven years and shall be eligible for re-election.

220)[238)] 221)[239)] The Secretary General shall be

responsible for coordination of the financial,

47


administrative and other matters of the district and shall, in that regard, issue such directives as he deems fit.

222)[240)] 223)[241)] Qualifications for the office of

Secretary General.224)[242)] The Secretary General shall be:-225)[243)] a respectable, properly married and

good practicing Muslim of sound mind;226)[244)] a holder of a degree from a

recognized University;227)[245)] fluent in the English language;228)[246)] ALSUNNAHWAL-JAMA’AH;229)[247)] free from offences under the National

and Islamic Laws; 230)[248)] at least thirty five years old.231)[249)] 232)[250)] Disqualification from holding the

Office of Secretary General.233)[251)] The Secretary General shall be liable

for removal by the Assembly for any of the following reasons:-

234)[252)] If he becomes of un sound mind, 235)[253)] If he is declared bankrupt ,236)[254)] If he conducts himself in a manner

unbefitting in his Office,’237)[255)] If he commits a criminal offence

which In the opinion of the Joint Session tarnishes his image in the public,

238)[256)] If he violates Islamic norms, 239)[257)] If he becomes incapable of performing

his duties.

48


240)[258)] 241)[259)] Vacation of the Office of the

Secretary General.242)[260)] The secretary General shall vacate

his Office if he:- 243)[261)] resigns in writing addressed to the

Chairman,244)[262)] is removed as remove as a result of a

successful impeachment or for any other reasons,

245)[263)] dies.246)[264)] 247)[265)] The Secretary General shall have

power to delegate any of his powers and/or duties to any of his subordinate officials of the Council.

248)[266)] 249)[267)] ARTICLE 14: SECRETARY FOR RELIGIUOS

AFFAIRS:250)[268)] There shall be a Secretary for

Religious Affairs who shall be appointed by the Joint Session.

251)[269)] 252)[270)] The Secretary for Religious Affairs

shall be a holder of a degree in Islamic studies from a recognized Islamic University, fluent in Arabic language with a working knowledge of English.


shall be the coordinator of religious affairs

49


We should not have a department dealing with religious affairs in an organization meant to engage in religious affairs. I propose that we have different departments under each Mufti to handle the different aspects of religion, e.g. Marriage and Divorce Dept. Inheritance Dept. Zakat Dept. Waqfu Dept. e.t.c. The current setting makes the organization appear intended to do some other business and the religious affairs simply have a department to cater for them as an auxiliary issue.


between the Districts and Headquarters of the Council.


shall perform such duties as may be assigned to him by the Joint Session, Majlis Al-Ulama, the Mufti and the Secretary General.


shall be a member of and Secretary to the Majlis Al-Ulama.

259)[277)] 260)[278)] ARTICLE 15: SECRETARY FOR FINANCE AND

PLANNING: 261)[279)] There shall be a Secretary for

Finance and Planning appointed by the Joint Session from the entire Muslim World.


Planning shall be:-264)[282)] a holder of at least a degree in

Commerce or equivalent professional qualifications from a recognized University or Professional Institution with a working experience of at least five years;

265)[283)] properly married and a good practicing Sunni Muslim.


Planning shall:-268)[286)] control the income and expenditure of

the Council;

50


The Management structure to operate under the C.E.O and the regional secretaries should be put in a schedule after advise by Management and Human Resource consultants. Personnel Manuals and Accounting Manuals should be developed as these are lacking. The detail in this provision should be contained there and in the schedule, we simply refer to the manuals as may be amended from time to time.


269)[287)] implement the overall financial and economic policies and strategies of the Council and its subsidiary or associated companies and undertakings;

270)[288)] receive departmental budgets and compile them into a Council’s master budgets for the consideration of the Management Committee;

271)[289)] prepare or cause to be prepared statements of accounts of the Council’s Financial affairs and present the same to the management committee and thereafter to the Executive Committee;

272)[290)] Generally advice the Secretary General on the State of Finances of the Council with a view to ensuring that the same is healthy at all times.

273)[291)] 274)[292)] ARTICLE 16: FINANCE: 275)[293)] The financial year of the Council

shall run from 1st January to 31st December of the calendar year.

276)[294)] 277)[295)] The Management Committee shall

prepare an annual budget of the Council’s estimates of revenue and recurrent and capital expenditure for presentation to Executive committee for final approval before the beginning of the financial year to which it relates.

278)[296)]

51


279)[297)] Subject to any financial regulations that may be promulgated any expenditure of Council funds shall be effected by means f written instruments signed by the proper officer, under the supervision of the appropriate Secretary and the ultimate control of the Secretary General as the Chief Accounting Officer of funds of the Council.”Proper Officer” means any finance or other officer authorized by the Management Committee to control any votes or items of expenditure.

280)[298)] 281)[299)] The management committee shall have

power to approve any re-allocation of votes within a given department and the Executive Committee may approve the transfer of funds from one department to another.

282)[300)] 283)[301)] All instructions concerning the

Councils’ funds shall be in writing.284)[302)] 285)[303)] Revenue earning departments or

institutions of the Council such as Schools, Hospitals, Dispensaries, Industries, Houses, Shops, Farms and Ranches shall, subject to any relevant financial regulations be self-accounting units and shall, where appropriate, be run as separate subsidiary Companies with their own Boards of Directors appointed by and responsible to the Executive Committee.

286)[304)]

52


287)[305)] The Council shall open and operate such Bank Accounts at such Banks as the Management Committee shall from time to time decide.

288)[306)] 289)[307)] Muslim District Council shall be free

to open and operate Bank Accounts in the name of Uganda Muslim Supreme Council and shall Mutatis Mutandis, follow the financial provisions, or any special regulations or bye-laws laid down for Districts by the Executive Committee or the Secretary General.

290)[308)] The Management Committee shall maintain Proper Books of Accounts showing:

291)[309)] Income and Expenditure,292)[310)] Assets and liabilities of the

Council.293)[311)] PROPER BOOKS shall not be deemed to

be kept if there are not kept such books of accounts as are necessary to give a true and fair view of the state of the Councils Affairs and to explain its transactions.

294)[312)] 295)[313)] The books of Accounts shall be kept

at the registered office of the Council or at such other place or places as the Executive Committee shall think fit, and shall always be open to the inspection of the members of the Executive Committee.

296)[314)] 297)[315)] The Executive Committee shall

establish an Internal Audit Unit (headed by an

53


Internal Auditor) which shall audit the accounts of the Council and Muslim District Councils and report to the Secretary General.

298)[316)] 299)[317)] The Accounts of the Council and all

its organs shall be annually audited by a firm of qualified External Auditors nominated by the Executive Committee for the approval of the Assembly.

300)[318)] 301)[319)] There shall be a Council Accounts

Committee, nominated by the Executive from the entire Muslim population of Uganda (so however that at least 50% of the membership shall be members of the Assembly) for approval by the Assembly, whose duty shall be to scrutinize the audited accounts of the Council. The Council’s Accounts Committee shall have power to summon before any Council official to answer any questions that may arise from the audited accounts of the Council.

302)[320)] The Council Accounts Committee shall make its reports and recommendations to the Assembly.

303)[321)] Every Muslim in Uganda shall pay an annual fee as shall be determined by the Executive Committee from time to time.

304)[322)] 305)[323)] The revenue of the Council shall be

derived from donations, collections and payments made by Muslims in accordance with the Sharia, Waqf establishments and from

54


activities of economic nature undertaken by or on behalf of the Council.

306)[324)] 307)[325)] The Executive Committee shall from

time to time determine the proportions of funds collected from Muslims to be retained by or forwarded to:-

308)[326)] Juma Mosque Committees,309)[327)] County Councils,310)[328)] District Councils,311)[329)] Headquarters,312)[330)] as the case may be.313)[331)] 314)[332)] ARTICLE 17: MEETINGS:315)[333)] There shall be annual, special, and

extraordinary General Meetings of the Assembly.

316)[334)] 317)[335)] The Annual General Meeting shall be

convened by the Chairman called by twenty one days written notice sent to every member of the Assembly and published in the local press and Radio Uganda in all major languages.

318)[336)] 319)[337)] A special General Meeting shall be

convened after such notice as the Chairman may decide but which in any case, shall not be less than seven (7) days.

320)[338)] 321)[339)] There shall be an Extra-ordinary

General Meeting of the Assembly convened by the Secretary General upon a receipt of a

55


Recast this to fit in the new structure


Memorandum signed by one third of the members of the Assembly requisitioning such meeting. The meeting shall be convened by a seven day’s notice sent and published as in Paragraph 2 of this Article, and the Chairman shall be immediately informed.

322)[340)] 323)[341)] The Executive Committee shall meet at

least once every three months.324)[342)] 325)[343)] The Majlis Al-Ulama shall meet at

least once every three months on the instruction of the Mufti.

326)[344)] 327)[345)] A meeting of the Joint Session shall

be convened on the instructions of either the Chairman or the Mufti depending on the nature of the business to be discussed.

328)[346)] 329)[347)] At all meetings of the Assembly, the

Executive Committee, the Majlis Al- Ulama, the Joint Session or any other bodies or organs set up by or on behalf of the Council, the quorum shall be one-third of the Chairman thereof shall have both the original and casting votes.

330)[348)] 331)[349)] The Executive Committee shall make

standing orders which shall govern the proceedings of the Assembly, the Joint Session, the Executive Committee and other

56


Committees established under this constitution.

332)[350)] 333)[351)] Any Committee established under

this Constitution may co-opt any person it deems necessary for the better performance of its functions. The co-opted members shall have no vote and shall not exceed one fifth of the total membership.

334)[352)] 335)[353)] 336)[354)] ARTICLE 18: APPOINTMENTS COMMITTEE:337)[355)] There shall be part-time Appointments

Committee consisting of a Chairman and four members (at least one of whom shall be a Sheikh) appointed by the Executive Committee from within itself.

338)[356)] 339)[357)] The Secretary responsible for

Administration shall be Secretary to the Appointments Committee.

340)[358)] 341)[359)] The Appointments Committee shall

advice the Executive Committee on the recruitment, appointment, promotion, discipline and termination of the services of the Council staff and whenever required by the Executive Commitment services of the Directors of the subsidiary companies and/or other institutions of the Council.

342)[360)] ARTICLE 19: MUSLIM DISTRICT COUNCILS:

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Recast in view of the new structure


343)[361)] There shall be a Muslim District Council for each Muslim District which shall be headed by a District Kadhi.

344)[362)] 345)[363)] The Muslim District Council shall

consist of the following:-346)[364)] The five representatives elected from

each county (Twale),347)[365)] The District Council Chairman

appointed by the elected members of the Muslim District Council from the entire Muslim population of the District,

348)[366)] The District Khadhi,349)[367)] The County Sheikh,350)[368)] The District Secretary and Treasurer

as ex-officio.351)[369)] 352)[370)] The District Secretary and Treasurer

shall be elected from the entire Muslim population of the District by the members of the Muslim District Council.

353)[371)] 354)[372)] Each Muslim District Council shall

nominate three persons from whom the Mufti shall, on the advice of the Majlis Al Ulama, appoint a District Khadhi.

355)[373)] 356)[374)] Qualifications for holding the office

of District Khadhi.357)[375)] A District Khadhi shall be:-358)[376)] at least 30 years but not more than

70 years of age;

58


359)[377)] a holder of at least a THANAWI certificate in Islamic studies from a recognized Islamic Institution of learning with at least a five years working experience in Islamic Affairs or a person who has accumulated knowledge and experience which is considered adequate by the Majlis Al-Ulama;

360)[378)] a respectable, property married and good practicing Sunni Muslim;

361)[379)] free from offences under the National and Islamic laws;

362)[380)] capable of reading and writing at least one of the following languages:-

363)[381)] English364)[382)] Luganda365)[383)] Swahili366)[384)] 367)[385)] In case any Muslim District Council

fails to nominate a qualified person to the office of the District Khadhi then, acting on the advice of the Majlis Al-Ulama and after consultation with the Muslim District Council concerned, the Mufti shall appoint and post to the District any qualified person as District Khadhi.

368)[386)] 369)[387)] The District Khadhi shall be the

Executive head of the District and shall be responsible for the following duties:-

370)[388)] Planning and supervision of all Islamic activities in the District.

59


371)[389)] Co-ordination of the County Sheikhs in the District.

372)[390)] Maintenance of good relationships and contacts with other religious denomination in the District.

373)[391)] The District Kadhi shall be Chairman of:-

374)[392)] Muslim District Council of Sheikhs; and

375)[393)] Muslim District Management Committee.376)[394)] 377)[395)] The District Kadhi shall be an ex-

officio member of all Committee established at the District level.

378)[396)] 379)[397)] The District Kadhi shall categorize

matters affecting the District and refer each one to the appropriate Secretary at the Headquarters of the council.

380)[398)] 381)[399)] Where a member of the Muslim District

Council elected to be the General Assembly he shall retain his seat on the District Council but if he is appointed to a Council full time office, he shall vacate his place on the District Council and the County from which he comes shall proceed to elect another person to replace him.

382)[400)] 383)[401)] The Muslim District Council shall,

within the District, have powers Mutatis mutandis similar to those of the Assembly;

60


that is to say, to discuss and take decisions on matters affecting the welfare of Muslims in the District the raising and disbursement of Mosques, and Education, Health and other Institutions, the administration of the any property of the Council within the District and any other matter or functions which may be conferred upon or assigned to it by the Executive Committee Majlis Al-Ulama or the Management Committee of the Council as the case may be.

384)[402)] 385)[403)] ARTICLE 20: MUSLIM DISTRICT COMMITTEE:386)[404)] There shall be a District Executive

Committee, a District Council of Sheikhs, a Joint Committee of the District Executive Committee and the District Council of Sheikhs (hereinafter referred to as “the Joint Committee”), and a Management Committee all appointed by the Muslim District Council.

387)[405)] 388)[406)] The Muslim District Executive

Committee shall consist of:-389)[407)] The Chairman of the District Council

as it s Chairman,390)[408)] The District Kadhi,391)[409)] The District Secretary as its

secretary, 392)[410)] The District Treasurer,393)[411)] Two members from each Muslim County

one of whom shall be a County Sheikh and the

61


other to be appointed by the Muslim District Council.


Committee shall, so far as applicable have duties within the District similar to those of the Executive Committee at the Committee at the Council Level.


Committee may establish such Sub- Committees as it shall; deem necessary for the proper discharge of its responsibilities.


Committee may make standing instructions for the better carrying into effect of the provisions of this constitution within the District, but such standing instructions shall not be effective until they are approved by the Secretary General.

400)[418)] The Muslim District Executive Committee shall set up and/or establish such departments or full-time paid posts a may be necessary for the proper running of the affairs of the Council within the District. Such departments and/or posts, shall however, be subjected to the approval of the Secretary General.

401)[419)] 402)[420)] The Muslim District Council of Sheikh

shall consist of the following:-

62


403)[421)] The District Kadhi as its Chairman,404)[422)] The County Sheikhs in the District,405)[423)] The District Dawa/Mauledi Sheikh,406)[424)] The District Zakka Sheikh,407)[425)] The District Slaughter Officer,408)[426)] Five other Sheikhs to be appointed by

the Muslim District Council.409)[427)] 410)[428)] The District Council of Sheikhs shall

watch over the conduct of 411)[429)] Sheikhs and Bawalimu who perform any

religious work within the District and shall discipline, counsel and general guide them in their work.

412)[430)] 413)[431)] The Muslim District Council of

Sheikhs shall have initial responsibility for matters of Fatuwa of and difficult questions of interpretation to the Mufti and disputes to the DIRECTOR OF SHARIA.

414)[432)] 415)[433)] The Management Committee of the

District shall be charged with the day affairs of the District shall be charged with the day affairs of the District and shall consist of:-

416)[434)] The District Kadhi as its Chairman,417)[435)] The District Treasurer,418)[436)] The District Slaughter Officer,419)[437)] The District Dawa/Mauledi Sheikh,420)[438)] Other heads of departments at

District level.421)[439)]

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422)[440)] The Muslim District Management Committee shall prepare an annual budget of the District Council estimates of revenue and recurrent and capital expenditures for presentation to the Muslim District Executive Committee for Discussion and transmission to the secretary General for approval before the beginning of the financial year to which it relates.

423)[441)] 424)[442)] Each District shall employ a full-

time paid Financial Officer who need not necessary be the District Treasurer and who will maintain proper books of accounts for the District.

425)[443)] 426)[444)] The Accounts of the District shall be

audited by an Auditor appointed by the Executive Committee.

427)[445)] 428)[446)] The audited Accounts of the District

shall be presented to the Muslim District Council for consideration and the District Council shall have power to summon before it any official of the District to answer any questions that may arise from such accounts before forwarding a copy of the same together with its comments and/or recommendations thereon to the secretary General.

429)[447)] 430)[448)] ARTICLE 21: COUNTY AND JUMA MOSQUECOMMITTEE

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431)[449)] The Country Committee shall consist of:-

432)[450)] The County Sheikh.433)[451)] The two members from each Juma

Mosque.434)[452)] The County committee shall consist

of”-435)[453)] The County Sheikh.436)[454)] The two members from each Juma Mosque437)[455)] 438)[456)] From foregoing composition the

Committee shall elect a chairman, a secretary and a Treasurer

439)[457)] .440)[458)] The county committee shall discuss

all matters of interest to Muslims within its area and shall regulate its own procedure.

441)[459)] 442)[460)] The county Sheikh shall be appointed

by the District Kadhi on the advice of the District Council of Sheikhs from a list of three names proposed by the country committee.

443)[461)] 444)[462)] Each Juma Mosque shall have a

committee consisting of the following:-445)[463)] A Mosque Imam,446)[464)] A Chairman,447)[465)] Secretary,448)[466)] A treasurer and 449)[467)] Five committee members450)[468)] All members under (b), (c), (d) and

(e) shall be elected by all adult Muslims of

65


the Juma Mosque.451)[469)] 452)[470)] The Juma Mosque Imam shall be

appointed by the District Kadhi on the recommendation of the County Sheikh and on the advice of the District County Sheikh and on the advice of the District Council of Sheikhs from a list of three names proposed by the Juma Mosque Committee as the case may be.

453)[471)] 454)[472)] ARTICLE 22: SUPERVISION OF MUSLIM DISTRICIL455)[473)]

COUNCILS:456)[474)] 457)[475)] Where the secretary General is

satisfied that is serious or widespread misuse of Muslim District Council or District Executive Committee concerned is unable to correct the situation, he may freeze the accounts of the District and order an investigation to be carried out under this Article.

458)[476)] 459)[477)] Where District Accounts are frozen

under this Article, the Secretary General shall make arrangements for meeting urgent expenditure, shall give directives on the basis of which the accounts may be re-operated.

460)[478)] 461)[479)] ARTICLE 23: GENERAL:

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Recast in view of the new structure


462)[480)] This Constitution may be amended at a General Meeting of the Assembly by a resolution supported by the vote of at least two thirds of all the members of the assembly.

463)[481)] Where it is intended to amend the constitution the notice convening the meeting shall state that fact and general natural of the proposed amendment.

464)[482)] 465)[483)] The common seal of the Council shall

be in such form as shall be approved by the Executive Committee and shall be kept under the custody of the Secretary General.

466)[484)] 467)[485)] The common seal of the council

shall be affixed to important document and witnessed by any three of the following:-

468)[486)] The chairman,469)[487)] The Mufti,470)[488)] The Secretary General and471)[489)] Three members of the Executive Committee appointed by

the Executive Committee for that purpose.472)[490)] 473)[491)] The common seal shall be affixed to

documents after resolutions of the Executive Committee to that effect.

474)[492)] 475)[493)] There shall be a part-time Legal

Advisor to the Supreme Council who shall be appointed by the Executive Committee from amongst the Muslim practicing Lawyers of Uganda. The legal Advisor shall be an ex-

67


officio member of the Executive Committee and may attend meetings of other Committees of the Council by invitation.

476)[494)] 477)[495)] The legal Advisor shall advice the

council and its constituent bodies on all legal matters, but the Council shall be free to seek legal advice elsewhere.

478)[496)] 479)[497)] The Uganda Muslim Supreme Council

shall be the Registered Proprietor of any land acquired by it through donation purchase, bequest or otherwise.

480)[498)] 481)[499)] Upon the adoption of this amended

Constitution by the Council and after the general election following immediately thereafter Council officials at all levels, shall be deemed to have resigned their positions and the new Assembly and District Council shall immediately proceed to provide for new administrations in accordance with the provision of this constitution.

482)[500)] 483)[501)] The retirement age of the Council’s

Civil Servants shall be sixty years but a any Council Civil Servants may be removed from his office by the appointing authority, by either termination of his employment or dismissal as the case may warrant for any of the following reasons:-

484)[502)] if the becomes of unsound mind,

68


485)[503)] if he is declared bankrupt,486)[504)] if he commits any criminal offence

involving moral turpitude,487)[505)] if he conducts himself in a manner

unbefitting a staff of the Council,488)[506)] if he violates any serious Islamic

norm(s),489)[507)] if he becomes of the age of sixty

years.490)[508)] The official language of record of

the Council shall be English.491)[509)] Adopted at Kampala this 5th day of

December, 1986492)[510)] SIGNED BY:493)[511)] PRINCE BADRU KAKUNGULU, CHAIRMAN,494)[512)] UGANDA MUSLIM SUPREME COUNCIL, P.O495)[513)] BOX 1146, KAMPALA496)[514)] 497)[515)] 2. ASUMANI MBUBI,498)[516)] DEPUTY CHAIRMAN,499)[517)] UGANDA MUSLIM SUPREME COUNCIL,

P.O BOX 1143, KAMPALA

3. WAKINYANKALI. Z. DEPUTY CHAIRMAN, UGANDA MUSLIM SUPREME COUNCIL, P.O BOX 1146, KAMPALA

4. YUSUFU IS A BYEKWASO, ACTING SECRETARY GENERAL, UGANDA

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MUSLIM SUPREME COUNCIL, P.O BOX 1146, KAMPLALA

Signed by the above at Kampala this …………………..day of ……………….In the presence of:SIGNATURE: ………………………………………NAME ………………………………………PROFESION ……………………………………….ADRESS: ………………………………………

ARTICLE 1: NAME

There shall be one body unifying all Muslims in Uganda to be known as the UGANDA MUSLIM SUPREME COUNCIL LIMITED (hereinafter referred to as “the UMSC ”)

ARTICLE 2: MEMBERSHIP

1. All persons who profess the Muslim faith, men, and women, shall and do unit , organize themselves under and be represented by th e respective Juma Mosques in which they congregate ;

2. Every Juma Mosque shall be an organization of the Muslims who congregate in it and in that capacity ev e ry such Mosque shall be and constitute members of the UMSC ; and

3. The congregation of every Juma Mosque shall be at liberty to formulate bye

70


See comment As 51.


laws to regulate their affairs within the frame work of this constitution, and subject to approval by the Regional Joint Session; and .

4. All Muslim Organisations shall be members of the UMSC; and

5. All persons who profess the Muslim faith men and women shall be beneficiaries of the UMSC.

6. The number of members which the UMSC propose to have is 10 0,000 (One Hundred Thousand) Mosques, which shall together in total have a membership of ten million Muslims but the member may be increased from time by the increase of the number of Muslims in Uganda and as the Shura may confirm.

ARTICLE 2: STRUCTURE, ORGANS AND REPRESENTATION:

10)[12)] For purpose of these Articles and the Organisation, decision making, management, and running of the UMSC shall be divided into Five Muslim Regions, each of which shall be composed of the Muslim Districts listed against/under its name below:

71


Creating Regional Autonomous Governments: This followed the consensus from almost all Key Informants to the effect that the administration of Muslim affairs needs to be decentralized and devolved in view of the need to take services nearer to the common man, and as a way of power sharing.


Indicating The Number of Members: – Section 9(a) of the companies Act makes it mandatory for every company limited by Guarantee to state the number of members with which the company proposes to be registered. Section 9(3) makes it mandatory that whenever the number of members has increased beyond their registered number, the company has to inform the Registrar within 14 days after the increase was decided on or took place and the registrar shall record the increase. The insertion is meant to capture this requirement of the law plus form C attached to the Act, which commands accordingly)


GEOGRAPHICAL ORGANIZATIONAL STRUCTURE:

(i) Northern Region :……………………

(ii) Western Region: ……………………..

(iii) Eastern Region: …………………..

(iv) Sothern Region: ………………………..

(v) Central Region:

a) Karamojab) Acholic) Sebeid) Bugisue) Tesof) Langog) Aruah) Madii) Bunyoroj) Torok) Mbararal) Bushenyim) Rukungiri

n) Kabaleao) Masakap) Rakaiq) Mubender) Est Bugandas) Luweerot) Mokonou) Kampnlav) Jinjaw) Igangax) Tororoy) Pallisaz) Nebbi

72


This is subject to change by the Plenary or the Shura.


11)[13)] HIERARCHICAL ORGANIZATION/STRUCTURE:

The hierarchical organizational structure of the UMSC shall be as follows:

The Mosque:

(i) Every Mosque that qualifies to conduct Juma prayers shall have a Religious Affairs Committee and a Welfare and Development Committee, each of which shall be comprised of 7 members

(ii) Each Mosque that qualifies to conduct Juma prayers shall have a Joint Session to be constituted by a joint meeting of its Religious Affairs and Welfare and Development Committees

(iii) The criterion for a Mosque to conduct Juma prayers shall be laid down by the Shura

(iv) The organizational nucleus of the UMSC shall be the Mosque;

(vi) Every Mosque that qualifies to conduct Juma prayers shall have a

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The Mosque as a Unit of Organisation and member: 1. This is the position of a Mosque in Islam. It is not only meant to be a prayer place, but a center of administration, organization, information, education, socializing, amusement, eating for the needy, a court, a place to consult exchange ideas and engage in poetry, a place for economic activity and development management, shelter for the weak and the travellers, charity collection and distribution, serenity, children and youth center, e.t.c. the core of the implementation of Islamic teachings (see The Role of the Mosque By Sheikh Omar Bakri Muhammad) Part of the problem of the Muslims of Uganda is that they have not fully utilized the unique position of the mosque in Islamic teachings. Many issues, should be easy to resolve and effect if this unique tool is used. By comparison, the other major religions use the Church as the basic unit of their organisations e.g. The Church of England. Why you have the names as ‘Church’ of …..Catholic ‘Church’, Pentecostal ‘Church’ e.t.c, is that membership of their organizations is comprised of the Churches and not the individual followers. The followers simply unite and contribute under the Churches. This seems to be the system recommended in Islam, for on Fridays, every Muslim must attend Juma Prayers in a Mosque and it is significant to have a Mosque he or she is known to attend, and every Mosque must have an Imam as the spiritual head. Having Mosques as organizations and therefore members of the UMSC will solve the problem/challenge of consent required of one to be a member of a company under Section 27 of The Companies Act. It will be easier to generate any form of consensus going through Mosques rather than having to look at individual Muslims as members. Conversely, currently any of seven or so Muslims can challenge the conduct of affairs of the leaders in UMSC exercising his/her right as a member of the company, which could easily be abused. The Mosque Unit as the member solves this problem and avoids an impending nuisance. It is worth noting that in many Mosques Muslims have already formed independent associations, made their constitutions and in some cases even registered as companies limited by guarantee. Examples of such cases are The Kololo Muslim Association Ltd, the Tabiq Muslim association Limited, The Masjid Musa Association, e.t.c. Liberty should be given to Muslims at the mosque level to come up with bye laws to regulate their affairs at the local level, within the framework of the UMSC constitution. This will remove the need to set up splinter organisations like the ones mentioned above.


Religious Affairs Committee and an Executive (for Welfare and Development ) Committee, comprised of 7 members each;

(vii) The Mosque Committee s shall by consensus be selected by the congregations of the relevant Juma Mosques ; (v) The Mosque Religious Affairs

Committee shall comprise of the following

i) Imam (Chairman)ii) Secretary for Daawaiii) Secretary for Zakaat and Waqfuiv) Secretary for inheritancev) Secretary for slaughtervi) Secretary for morality and

spiritual guidancevii) Secretary for marriage and divorce

The Mosque Religious Committee shall amongst its members select a secretary for its meetings and regulates its own procedures subject to this Constitution.(vi) (vii) The disadvantaged Muslim groups

such as the youth, the women and the disabled shall be taken into account during the selection as foresaid;

(viii) The Mosque Welfare and Development Committee shall comprise of the

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following,i) Chairman ii) Secretaryiii) Treasureriv) One woman representativev) One youth representativevi) And two Committee members

selected by the mosque congregation

The treasurer and to the Welfare and development Committee shall be the treasurer of the entire Juma mosque including the Mosque Religious Committee.The secretary to the Welfare and Development Committee shall be the Secretary to the Mosque Joint Committee.The Mosque Welfare Committee shall amongst its members select a secretary for its meetings and shall regulate its own procedures subject to this Constitution.

(ix) A joint meeting of the Religious and Executive Committees otherwise known as the Joint Committee Session shall be the highest decision making organ of the Mosque;

(x) (xi)

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Imams:

(xii) Each Mosque shall have an Imam who shall be the spiritual head of Muslims in its area of jurisdiction, and the Chairman of the Religious Committee and the Joint Session, in both of which he shall have a casting vote.

(xiii) The Juma Mosque Imam shall be appointed by the District Kadhi on the nomination of the County Sheikh and on the advice of the District Council of Sheikhs from a list of three names proposed by the Juma Mosque Committee.

(xiv) The Juma Mosque Imam shall be appointed by the District Kadhi on the recommendation of the Juma Mosque Joint Session and on the advice of the county Juma and District Majlis Al-Ulama from a list of three names proposed by the Juma Mosque Joint Session.

(xv) The Imam shall be the Chairman of the Juma Mosque CommitteeJoint Session and the Juma Mosque Religious Committee and the spiritual head of the Muslims in

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Imams: KYs have revealed that, the Imam is the local spiritual leader of Muslims at the village level, and that is where organization or disorganization begin. Despite this, he has been hirtherto not given adequate coverage in the constitution. We seek to regulate the way one becomes an Imam and clarify his role and powers vis avis other local leaders at the mosque level.


the area of jurisdiction of the respective Juma Mosque.

(xvi) The Imam shall be the Chairman of the Juma Mosque Religious Committee, the Mosque Joint Session and the spiritual head of all the Muslims in the area of jurisdiction of the respective Juma Mosque

(xvii) The Mosque Imam shall be a full time employee of the Juma Mosque he heads and shall be remunerated by way of a percentage not exceeding 2015% of funds he shall generate from the congregation and other activities of the respective Juma Mosque.

(xviii) The Imam shall be subject to removal from office by the District Kadhi in accordance with the provisions on impeachment under this Constitution.

Mosque Joint Session, on grounds that he : Has become physically or mentally become incapable of performing his duties; or has deviated from the commands of the

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Quran and or Hadith; or has exhibited ignorance of Islam, indifference, being an oppressor; or has become a non-believer in Islam; and in which case, the Chairman of the Mosque Executive Committee shall act as Chairman of the Mosque Joint Session.

The Muslim County level:

(xix) Every Muslim District shall have be composed on Muslim Counties as shall be determined by the respective Muslim Regional Administrations.

(xx) Every Muslim County shall have a Religious Council Assembly

(xxi) and a Welfare and Development Council each comprised of such number of members as shall be commensurate to the number of Juma Mosques in such Muslim County

(xxii) as well as an Executive Assembly ; (xxiii) Each Mosque that qualifies to

conduct Juma prayers shall be represented by one person on the County Religious Assembly selected by the respective Mosque Religious Committee and one person on the

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County Level as the Populists’ roadblock: This is where the biggest level is representation is recommended to be. That will make the structure much cheaper and easier to maintain. Further, populist tendencies and mass action ought not to be a consideration when making decisions for the Musim Ummah. Therefore, our proposal is to control this at this level.


County Executive Assembly selected by the respective Mosque Executive Committee;

(xxiv) Each Muslim County shall have a Muslim County Joint Session to be constituted by of a joint meeting of its Religious and Welfare and Development Councils

xviii) Each Mosque that qualifies to conduct Juma prayers shall be represented by one person on the County Religious Council selected by the respective Mosque Religious Committee and one person on the County Welfare and Development Council selected by the respective Mosque Welfare and Development Committee;

xix) Each Muslim County Religious Council shall by consensus nominate from amongst its members three persons from whom a County Sheikh shall be appointed by the District Kadhi.

xx) The County Sheikh shall be the chairman of the respective Muslim County Religious Council, the Muslim County Joint Session and the spiritual head of all Muslims in such Muslim County.

xxi) Each Muslim County Religious Council shall by consensus select from amongst

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its members a secretary to their meetings

xxii) Each Muslim County Welfare and Development Council shall by consensus select from amongst its members a chairman, secretary and treasury

xxiii) The treasurer to the Muslim County Welfare and Development Council shall be the treasurer for the entire Muslim County including the Muslim County Religious Council.

xxiv) The secretary to the Muslim County Welfare and Development Council shall be the secretary to the Muslim County Joint Session.

The Muslim District Level :

(xxv) Each Muslim District shall have a District Religious Committee and District Executive Committee, comprised of…………………and…………… members respectively;

(xxvi) The County Executive Committees shall by way of consensus select District Executive Committees;

(xxvii) The County Religious Committee shall by way of consensus select

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District level: We propose minor changes at this level of leadership.


District Religious Committees each headed by a District Khadi, who shall be the spiritual head of Muslims in the respective Muslim District;

Qualifications for holding the office of District Khadhi.

A District Khadhi shall be:-

(a) at least 30 years but not more than 70 years of age;

(b) a holder of at least a THANAWI certificate in Islamic studies from a recognized Islamic Institution of learning with at least a five years working experience in Islamic Affairs or a person who has accumulated knowledge and experience which is considered adequate by the Regional Majlis Al-Ulama;

(c) a respectable, property married and good practicing Sunni Muslim;

(d) free from offences under the National and Islamic laws;

(e) capable of reading and writing at least one of the following languages:- English

Luganda

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Swahili

(1) In case any Muslim District Majlis Al-Ulama fails to select a qualified person to the office of the District Khadhi then, acting on the advice of the National Majlis Al-Ulama and after consultation with the District Joint Session concerned, the Regional Mufti shall appoint and post to the District any qualified person as District Khadhi.

(2) The District Khadhi shall be the spiritual head of his Muslim District and shall be responsible for the following duties:-(a) Planning and supervision of all

Islamic activities in the District.(b) Co-ordination of the County

Sheikhs in the District.(c) Maintenance of good relationships

and contacts with other religious denomination in the District.

1) The District Kadhi shall be Chairman of Muslim District Majlis Al-Ulama.

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2) The District Kadhi shall be an ex-officio member of all Committee established at the District level.

3) The District Kadhi shall categorize matters affecting the District and refer each one to the appropriate department at the regional administration.

4) The Muslim District Joint Session shall, within the District, have powers Mutatis mutandis similar to those of the National and Regional Joint Sessions; that is to say, to discuss and take decisions on matters affecting the welfare of Muslims in the District the raising and disbursement of Mosques, and Education, Health and other Institutions, the administration of the any property of the UMSC within the District and any other matter or functions which may be conferred upon or assigned to it by the Regional Executive Committee, Regional Majlis Al-Ulama or the Regional Management team of the UMSC as the case may be.

The Muslim Regional Administrations:

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Regional Administrations: We propose the creation of fully fledged and autonomous regional administrations, headed by a Regional Mufti each on the religious side, assisted by a team of sheikhs and a Secretary General on the administration/executive side, having full time professional management staff. The Regional Mufti should act as the deputy to the Grand Mufti with respect to his region.


(xxviii) Each Muslim Region shall have a Regional College of Eminent Sheikhs otherwise known as The Majlis Al- Ulama, headed by the Regional mufti and selected by way of consensus by the respective District Religious Committee;

(xxix) The Regional Majlis Al-Ulama shall be the organ responsible for and to decide, manage and oversee all religious matters in the respective region;

(xxx) Each Muslim Region shall have a religious head to be referred to as the Regional Mufti, and to be selected by way of consensus by the Regional Majlis Al-Ulama, to which he shall upon selection become the Chairman;

(xxxi) The Regional Mufti shall act as the deputy to the Grand Mufti for purposes of h is Muslim Region;

(xxxii) Each Muslim Region shall have a Regional Executive Committee selected by way of consensus by the respective District Executive Committee;

(xxxiii) Each Muslim Region shall have a Secretary General who shall be head of the Regional Executive

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Committee and Chief Administrative Officer of the region;

(xxxiv) The Regional Secretary Generals shall be selected by way of consensus by the respective Joint Sessions of the Regional Majlis Al-Ulama and the Regional Executive Committee;

(xxxv) The day to day management and operations of each Muslim Region shall be carried out by a Management Team comprised of Department Heads and other staff to be appointed by the Regional Executive Committee and headed by the Regional ED;

The National Level:

b. There shall be a Grand Mufti, who shall be the overall spiritual head of all Muslims in Uganda;(xxxvi) The Supreme Council shall select

the Grand Mufti every 7 (seven) years.

Spiritual and functional structure:The day to day management and running of the spiritual role and activities of the UMSC shall be carried out by the Grand Mufti

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Musumba, 12/19/12,

The National Level (Headquarters): At the national level, we have proposed that there be a Grand Mufti as the spiritual head of all Muslims in Uganda; There should also be a college of sheikhs to serve as the day to today religious cabinet of the Grand Mufti, advise and assist him in the execution of his duties; At this level we have also proposed a day to day religious management committee to carry out religious duties at the national level, over see all religious committees and assemblies, and generally ensure implementation of the religious objectives of the UMCS. These will have departments such as Inheritance, dawa, marriage, Haj e.t.c; On the executive side, we have proposed a full time and professionally competent Chief Executive officer for the whole of the executive wing of the UMSC, to be known as the Executive Director (ED); The ED’s role and responsibilities have been widened beyond the current Secretary General, to make the officer be enabled and empowered and at the same time challenged to play the role of a modern top executive of a b organization like the UMSC; Below the ED, we have proposed to be a Natioanl Executive Committe to play the cabinet role and help take decisions and implement policy decisions of an executive nature at the national level.; The day to day running of the affairs of the UMSC in the administrative and or executive sense shaould be done by a management team as has been the case, professionally appointed; We have not detailed the management positions, as these should be contained in a personnel Mannual and or Administartive Mannual which we propose should be drafted and operationalised immediately; Other operational issue are proposed to be left to be regulated under Mannual, rules and bye laws as the organisation may come up with from time to time. This is to make the constitution stand the taste of time, since these operational needs are usually very dynamic; We propose that the ED, Grand Mufti, arbitration Tribunal, and other national positions be appointed/selected by the Shura as is the requirement in Islamic Law.


assisted by a team of Sheikhs who shall be organized by way of and operate in departments detailed in regulations as made by the Supreme Council.

xviii) The Supreme Council (Shura) :

a) There shall be a Supreme national policy Body/ Council (Majlis-Ash- Shura) otherwise known as the Supreme Council/ Shura composed of Eminent Sheikhs and other eminent Muslims.

b) Membership of the Supreme Council Shall be constituted by automatic qualification by the ascertainable members as are defined by this constitution, or otherwise as prescribed herein, subject to such a person expressly declining to serve as a member of the Shura and

c) At the first sitting of the Shura, the members shall be consensus select a Chairman of

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The Shura: We propose the introduction of a Consultative Council, commonly known in Islamic Organisations and communities as “the Shura”. This body is supposed to act as the final/supreme council on all matter, charged with the selection of a Muslim Leader, normative duties of the community, and supervision and disciplining of the Muslim leaders This council is meant to be composed of the best amongst the Muslims, persons of intergrity, wise, mature, well educated and informed, with experience, e.t.c. The membership should also represent the different sectors of society, e.g. law, medicine, engineering, politics, e..t.c. Please refer to the guidelines given by the best of Muslim Scholars, e.g. Abu al Hasan Ibn Muhammad Ibn Habib al Mawardi and Gharm Al Ghamdy. We have proposed that the Shura will have powers to select a Grand Mufti as the spiritual head of Muslims in Uganda, amend the constitution, select the Executive Director as the executive head of the UMSC, approve the appointment of external auditors, make/approve regulations and generally be the top organ of the UMSC . In Islamic jurisprudence, a leader can only assume office if after his selection he received the ba’ya i.e. acceptance /allegiance by the Muslims, upon which, it is then mandatory for a Muslim to obey that leader and sinful to challenge him. This ba’ya, we seek to achieve through making the regional Muftis, who will have arisen from the regional selection starting with the mosque, members of the Shura. Therefore, any Grand Mufti selected by the Shura shall have received the ba’ya.


the Shura, (hereinafter referred to as “The National Chairman”), and the list of the membership of the Shura shall there by be made , signed by The National Chairman and filed with the registrar.

d) The membership of the Supreme Council (Shura) shall be made up of :

i. Sheikhs who shall have attained the age of 70 years; and

ii. All Leaders and past leaders of the UMSC and other large Muslim organizations owning at least 10 Juma Mosques, Muslim factions of a national character, and religious leaders of the traditional Muslim organizations , at the level of Mufti/Chief Khadi, Deputy Mufti, Amir , Deputy Amir, President or Vice President or such category/level of leaders by whatever terminology referred to ;

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iii. The Grand Mufti; iv. All Regional Muftis; v. Leaders and past leaders of

international Muslim organizations ;

vi. Five highly knowledgeable Sheikhs as may be coopted by the Members in categories i, ii, iii;

vii. One representative from each of Professional Muslim bodies mentioned in Schedule……hereof ;

viii. Five persons being retired and or serving Public servants, professionals or other public administ r ators who shall have attained the age of fifty years of age and selected by the members in categories i) to vi) above.

e) The Supreme Council shall be the final organ on all religious matters in Uganda, including but not limited to policy formulations, religious interpretation and pronouncements (fatua) and appointment of the

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Chairman, Grand Mufti, and the ED and other leaders and Committes/ Tribunals at the National Level .

The National Executive Committee:

xix) There shall be a National Executive Committee, which shall be comprised of 3 representatives selected by way of consensus by each Regional Executive Committee;

xx) Subject to these Articles, the National Executive Committee shall constitute the top administrative organ of the UMSC;

xxi) A representative to the National Executive Committee of the UMSC shall be Ugandan mature, respectable and good practicing Muslim who does not violate the norms of Islam; and is able to write and speak English. Should have a degree as minimum qualification

The General Assembly:

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General Assembly: There is still an issue as to what organ should replace the general assembly as representing the general meeting of the UMSC, which general meeting is supposed to be a meeting of the members and should be held atleast once every year, as per Section 137 of The Companies Act. One school of thought says that a meeting of all religious and executive organs at both the national and regional levels together with the Shura should constitute this meeting,; The other school of thought holds that the above will be too big a meeting, very costly and that the executive and legislative arms will have fused.


Two legged Structure: Pease note that we have proposed a two legged structure, one being the Religious Leg, with organs from the Mosque, up through the regional administration to the Grand Mufti, and the other one being the executive leg, from the Mosque, up through the regional administration, to the Executive Director. The common complaint has been that the Mufti and his fellow Sheikhs should not be involved in the day to day management of the UMSC, or non religious matters such as property and financial management . We have sought to cure the above problem by delinking the two functions right from the Mosque, where the fusion starts, all the way to the top. We have also proposed to improve the persons eligible to become the Chief Executive Officers (Executive Director) of UMSC and by extension the Secretary General of the region, as this has been cited as one of the problems;


xxii) There shall be a General Assembly, which shall be the Joint meeting of the Supreme Council, the National Executive Committee, the Grand Mufti, all Regional Muftis, Regional Secretaries, all Regional Colleges of Sheikhs, all Regional Executive Committees and the National Council of The Youth, People with special needs and women.

xxiii) The General Assembly shall be the Legislative organ of the UMSC but the Supreme Council shall always have a veto on all matters and decisions of the General Assembly.

xxiv) The Chairman of the Supreme Council (hereafter referred to as “the National Chairman”) shall be the Chairman of the General Assembly.

12)[14)] Women Councils :

i) There shall be a Uganda Muslim Women Council at the national level comprised of 5 members each nominated by one of the 5 Muslim Regions.

ii) There shall be a Regional Muslim Women Council for each Muslim

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Special Interest Groups: There has been a general complaint that special interest groups such as the women, the youth, people with disabilities are not given a say in the management of the affairs of UMSC. To cure the above, committees have been proposed to be formed to represent and advocate these categories of Muslims at all levels, since Islam does treat all as equal before Allah save those more pious than others, and especially recorgnises the right of women to be heard.


Region comprised of 5 Members selected by consensus by joint meeting of all District Muslim Women Committees

iii) There shall be a District Muslim Women Committee for each Muslim District comprised of 3 Members selected by consensus by a joint meeting of the respective County Muslim Women Committees

iv) There shall be a county Muslim Women Committee comprised of 3 members selected by consensus by a joint meeting of all Mosque Women Representatives.

v) Each Juma Mosque shall have a Women Representative selected by consensus by the women who attend that particular Mosque

13)[15)] Youth and Special Needs Committees:

i. Each of the County Joint Sessions shall by consensus select one Muslim Youth and one Muslim with Special Needs to represent that particular Muslim County at the District Youth and Special Needs Committee

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ii. Each District Youth and Special Needs Committee shall by consensus select one person among them to represent that particular District at the Regional Youth and Special Needs Committee.

iii. Each Regional Youth and Special Needs Committee shall by consensus select one person to represent it at the National Youth and Special Needs Committee

iv. The National Youth and Special Needs Committee shall by consensus select its Chairman, who shall represent all the Muslim Youth and persons with special needs in the General Assembly and the Supreme Council.

Changing the Composition of Muslim Structures:

14)[16)] The National Joint Session may, subject to the approval of the Supreme Council signified by resolution, creation new Muslim Regions and or Districts or merge existing Regional and or Districts and determine their Headquarters in the interests of efficient administration or for any other good cause but before deciding on any of the above matters the

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National Joint Session shall consider the following factors:-

a) Muslim population in the area, b) Number of Juma Mosques in the area,c) Number of Madrasas in the area,d) Availability of Sheikhs in the area,e) Office and Residential accommodation, f) Guarantors for the maintenance of the

Regional and or District Regions and administrative structures

g) A reasonable sum of money to finance the establishment of the Region and or District and to run Islamic activities in the Region and District for at least two years.

h) The overall efficiency of the parent Region or District, whichever is applicable.

4) The National Joint session may, subject to the approval of the Supreme Council signified by resolution from time to time increase or decrease the number of representatives from any Region and or District to the regional committees according to changes or shifts in the Muslim population.

Selection, removal and life of Committees and Committee Members :

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6) Members of the different committees at different levels i.e. Juma mosques, counties (matwale), Districts and Regions shall be selected by way of consensus from the respective colleges in accordance with such directives or guidelines contained in Schedule…..hereto or as may from time to time be modified by the National Joint Session with the approval of the Supreme Council 15)[17)] The various Boards, Assemblies,

Communities, and Sessions shall each by way of consensus select one of them as a chairperson of the respective organ, to chair, guide and have a casting vote in all meetings of the search program.

16)[18)] The life of all the Committees, Boards, Sessions and Assemblies at the different levels shall be seven (7) years and the chairmen and members thereof shall be eligible for re-selection or one further term.

(8) If an elected member of any Committee, Board or assembly is appointed to a full-time office within the UMSC, his place on such committee or assembly shall forthwith become vacant.

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Selection of Leaders: One of the major causes of disputes has been cited by many as the manner of choosing leaders. Islam has very clear guidelines on how leaders should be chosen, and to say the least, the elections that have been taking place have been largely criticized as contravening the Islamic norms. It for example not permissible to solicit for or campaign for a leadership position, but rather one should be selected by the leaders joining hands with those knowledgeable on the tasks he is supposed to perform, on merit and not popularity . The above eliminated elections and replaces them with either selection or nomination (per the Muslim Scholars, including Gharm and Mawardi-Supra); We have proposed to replace elections with selection by consensus as a mode of choosing leaders; We have also proposed guidelines to be followed during the selection of Muslim Leaders at all levels, and proposed further more be developed. (see a copy of our proposed guide lines attached. We have also proposed that the Electoral Commission be replaced with a Selection Committees.


(9) If any member of any committee, board or assembly dies resigns or is removed by such committee or assembly, his place shall forthwith become vacant and be filled by the organ that elected such member within 7 days.

(10) Each Committee and or Boards and or Assembly shall have power to remove, dismiss or discipline any of its members who in its opinion conducts himself in a manner which offends the UMSC, the relevant committee, board or assembly or Islam or otherwise becomes incapable of performing his duties or misses three consecutive meetings of the relevant committee or assembly without a justifiable reason.

(11) The Organ that will have selected the person so removed shall fill the vacancies created as is under paragraph 8 and 9 of this article.

(12) There shall be a register of the members of all the committees, boards and assemblies kept by the ED wherein the following particulars shall be entered:- (a) The names and addresses of the members.

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(b) The date at which the member became a representative. (c) The date at which a person ceased to be a member.

ARTICLE 3: SELECTION COMMITTEES:

(1) There shall be a National Selection Committee at the National level consisting of 3 members appointed by the Supreme Council

(2) There shall be a Regional Selection Committee at every Muslim Region Comprised of 3 members selected by the National Selection Committee

(3) The Selection Committees shall conduct and supervise the selection of Muslim Leaders and or Representatives to the various positions, Boards, Assemblies and Committees in their area of jurisdiction, in accordance with the provisions of sub-paragraph (a) and (b) of article 2 of these articles.

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(4) Any person aggrieved with the action(s) or decision of a regional Selection Committee shall by written letter appeal to the National Selection Committee whose decision shall be final on the matter/dispute

(5) Any person aggrieved with the actions or decisions of the National Selection Committee shall appeal to the Supreme Council by written letter and the Supreme Council decision shall be final in such a matters and disputes.

(6) If the grievance against the National Selection Committee relates to the Constitution of the Supreme Council, the eldest three members of the Supreme Council Shall constitute themselves into a Committee within 3 days from the date the grievance was communicated and have a final decision on the same within 24 hours.

(7) The Selection Committees shall have power to entertain receive and determine any complaint or dispute arising out of the selection of Muslim Leaders and or Representatives at various levels.

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(8) At the end of each phase of leadership selection and any disputes/complaints arising there from the National Selection Committee shall make a report thereon and submit the same to the Supreme Council for information and necessary advice to the UMSC .

(9) The Selection Committees shall have power to co-opt or employ any Muslim person they shall consider necessary for the proper discharge of their responsibilities.

10) The National Selection Committee shall subject to these articles, including the schedules thereto, regulate the procedure and issue such guidelines as it shall deem fit for the proper conduct of the selection of all Muslim Leaders/holders of different posts within the UMSC.

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ARTICLE 4: NATIONAL CHAIRMAN AND VICE NATIONAL CHAIRMAN:

1) There shall be a part – time National Chairman and vice National Chairman of the Supreme Council and the General Assembly Selected by consensus by the Supreme Council from the entire Sunni Muslim population of Uganda.

2) The National Chairman and Deputy National Chairman shall be mature respectable and good practicing Muslims who do violate the norms of Islam and are capable of writing the official language of records of the UMSC.

3) The National Chairman or in his absence Deputy Chairman shall also be the Chairman of the National Joint Session except for purposes of paragraph…… of Article ……….. of these Articles.

4) Subject to the provisions of……………this Article, the National Chairman and Deputy National Chairman shall each remain in office for seven (7) years but shall be

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National Chairman: It is proposed that the Chairman of the Shura becomes the national chairman, to chair the Shura, and the General Assembly.


eligible for re-selection for one further term of 7 years.

5) The National Chairman or Deputy National Chairman shall be liable for removal by the Supreme Council for any of the following reasons:-

a) If he becomes of unsound mind;b) If according to the Sharia he conducts

himself in a manner unbefitting his office;

c) If he commits a criminal offence of moral turpitude;

d) If he violates Islamic norms;e) If he becomes mentally or physically

incapable of performing his duties.6) The chairman or deputy chairman shall

vacate office if he:-(a) Writes a letter of resignation in

writing addressed, in the case of National Chairman, to the Grand Mufti and in the case of the Deputy National Chairman to the National Chairman;

(b) Is removed as a result of successful impeachment;

ARTICLE 5: MUFTIS:

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Specific Regulations Relating to Muftis: It has been widely proposed that each Muslim region should have its own Mufti, who should be the spiritual head of that region. At the apex, it has ben proposed that we should have the Grand Mufti as the spiritual leader of all Muslims in Uganda, with the power to make fatuwas (Islamic interpretations), represent Muslims at national and international for a, e.t.c. At all levels the muftis will have college of eminent sheikhs and heads of departments to help them execute their duties. The Grand Mufti should be selected by the Shura as per the Islamic norms and the Regional Muftis should be selected by the respective Regional College of Sheikhs.


500)[518)] There shall be a Grand Mufti at the national level. The Grand Mufti shall be addressed as “HIS EMINENCE THE GRAND MUFTI” and shall be the spiritual leader and head of Muslims in Uganda.

501)[519)] Selection of the Grand Mufti

The Supreme Council (Shura) shall by consensus and in secrecy choose/select the Grand Mufti from among all the sunni Muslims in the world by 3 candidates being proposed by atleast one member each, seconded by two other members and approved by atleast 40 members.

502)[520)] The Grand Mufti shall be the chairman of the National Majlis Al- Ulama and the National Joint Session.

503)[521)] The Grand Mufti shall be the official representative of the UMSC on all National Occasions and Ceremonies.

504)[522)] Subject to the provision of paragraph 8 and 9 of this Article the

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Grand Mufti, shall remain in office for a maximum of two terms of 7 years each.

505)[523)] The Grand Mufti shall be at least 55 years old and shall retire at the age of 70 years

506)[524)] Disqualification from holding the office of Mufti or Grand Mufti.A Mufti or Grand Mufti and shall be liable for removal by the Supreme Council any of the following reasons:-

a) If he ceases to be marriedb) If he becomes of unsound mindc) If his actions are deemed harmful to the

mission of Islam;d) If he becomes physically or mentally

incapable of performing his duties;e) If he deviated from the commands of the

Quran and or Hadith;f) If he exhibited ignorance of Islam,

indifference, being an oppressor; or has become a non-believer in Islam;

507)[525)] A Mufti or Grand Mufti as the case may be, shall vacate his office if he:-

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a) Resigns in writing addressed to the Grand Mufti in the case of Regional Muftis and the Chairman in the case of the Grand Mufti;

b) Is removed as a result of impeachment;c) Is declared unfit to continue serving as a

Mufti by the Supreme Council ;

508)[526)] The duties of the Grand Mufti and those of the Regional Muftis are more specifically set out in schedules …… and B…….respectively”

ARTICLE 6: QUALIFICATION FOR THE OFFICE OF A MUFTI

To be considered for office of Grand Mufti a person must have the following qualification:-

a) Ugandan,b) At least 55 years old,c) Possess a very high level of knowledge and

understanding of the Quran and Hadith within the context of Uganda

d) A degree from a recognized Islamic University

e) Fluent in Arabic and English languages,103


Qualifications, Disqualifications and Removal of Leaders: 1. This area we have proposed to modify and put them in line with Islamic norms, which for example make it clear when to remove a leader, and who qualifies to be a leader, in which respects the current constitution materially deviates e.g. Insolvency is not meant to be but it is a ground for removal of leaders at all senior levels.


f) AHLISUNNAHWAL-JAMA’AH,g) Responsible, properly married and a good

practicing Muslim,h) Free from offences of moral turpitude

under the National law;i) Free from offences under Islamic Laws.j) Provided that not withstanding the above,

in selecting the Grand Mufti, the Supreme Council shall always be guided by the teachings of the Quran and hadith.

ARTICLE 8: MAJLIS AL-ULAMA (Colleges of Sheikhs):

1) There shall be Regional Colleges of Sheikhs (Majlis Al-Ulama) at every Muslim Region and a National College of Sheikhs; consisting of 30 learned Sheikhs as follows:-

a) The Grand Mufti of Uganda shall be the Chairman of the National Majlis Al-Ulama

2) The regional College of Sheikhs shall be composed of 5 members each and the National College of Sheikhs shall be composed of 7 members.

3) All the Majlis Al-Ulama shall be selected by consensus by the Supreme Council.

4) With respect to its area of jurisdiction, each Majlis Al-Ulama shall address itself

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to and make final decisions on all matters relating to the interpretation of the Holy Quran and Hadith; the pronouncement of FATWA; the training, graduation, confirmation, orientation and disciplining of Sheikhs, the promotion of DA’WA and such other matters as are related or incidental to the foregoing.

5) A member of a Majlis Al-Ulama shall be a holder of at least a Degree in Sharia or Dawa from a recognized Islamic University or a Sheikh who, in the opinion of the Supreme Council possesses sufficient Islamic knowledge.

6) The National Majlis Al-Ulama shall regulate its own procedure and that of other the Majlis Al- Ulamas.

7) In addition to the qualification set in paragraph 5 of this article a member of any Majlis Al-Ulama shall be :-

a) Mature, responsible, properly married and a good practicing Muslim,

b) Free from offences under the National and Islamic Laws.

c) Fluent in Arabic language,d) From AHLISUNNAHWAL-JAMA’AH,

8) Disqualification of a member of a Majlis Al-Ulama.

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A member of any Majlis Al-Ulama shall be liable for removal by the Supreme Council for any of the following reasons:-

a) If he becomes of unsound mindb) If he is declared bankrupt;c) If he conducts himself in a manner

unbefitting a member of a Majlis Al-Ulama;d) If he commits a criminal offence which ,

in the opinion of the Joint Session tarnishes his image In the public;

e) If he violates Islamic norms;f) If he becomes incapable of performing his

duties.

(9) Vacation of the office of a Majlis Al-Ulama. A member of a Majlis Al-Ulama shall vacate his office upon:-

(a) His resignation communicated to the Grant or the Regional Mufti, as the case maybe Mufti in writing;

(b) Removal by the Supreme Council on ground that ……….. within Article (8) (8), he has become disqualified from continuing to be such a member.

ARTICLE 10: EXECUTIVE COMMITTEES/: WELFARE AND DEVELOPMENT COMMITTEES

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(1) There shall be a National Executive Committee at the regional level, Regional Executive Committee for every Muslim Region, a District Executive Committee for every Muslim District, a County Executive Assembly for every Muslim County and a Mosque Executive Committee for every Juma Praying Mosque. an Executive Committee of the Council the membership of which shall not exceed 30.

(2) The National Executive Committee shall be composed of 30 members selected and appointed by the Supreme Council for a minimum of 2 terms of 7(seven) years each.

(3) In selecting the members of the National Executive Committee, the Supreme Council shall be guided by: Islamic law, the need to achieve equitable representation; geographical representation; the academic and professional qualification of the candidate; experience in matters of welfare and development; the ethical and moral standing of the candidate; and whatever will lead to the realization of the objectives of UMSC

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(4) All other Executive Committees and Assemblies other than the National Executive Committee, shall be composed of eleven members selected and appointed by the Joint Session of their respective cluster levels for a minimum of 2 terms of 7(seven) years each.

(5) Each Muslim Regional Executive Committee shall be chaired and headed by a CEO, who shall be the Executive head of that Muslim region.

(6) Each Muslim District Committee shall be chaired and headed by a District Executive Secretary who shall be the Executive head of that Muslim District

(7) Each Muslim Country Executive Committee shall be chaired and headed by a County Executive Secretary who shall be the executive head of that Muslim County;

(8) Each Mosque Executive Committee shall be headed by a Mosque Executive Secretary who shall be the executive head of that Mosque

(9) The members shall be selected by the Council of Eminent Sheikhs and Muslim Persons taking into consideration regional representation

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Duration of Office Bearers: From the Mosque Committees to the Grand Mufti, we have proposed that their term of office be 7 years with a maximum of two terms. We have proposed the Shura to stay un changed as long as one qualifies to sit on it to create continuity. The above have come out of the general complaint that the term of office of the Mufti and the College of Sheikhs is part of the problems of UMSC.


and expertise in matters of welfare and development.

(10) The ED shall be a member of the Committee and shall serve as its chairman and head

(11) Regional Secretaries shall attend meetings of the National Executive Committee by invitation.

(12) Disqualification of a member of the Executive Committees and Assemblies.

Any member of an Executive Committee or Assembly shall be liable for removal by the Assembly for any of the following reasons:-

(a) If he becomes physically of mentally incapable of performing his duties

(b) If he conducts himself in a manner unbefitting a member of the Executive Committee;

(c) If he commits a criminal offence of moral turpitude

(d) If he violates Islamic norms;(e) If he otherwise becomes incapable

of performing his duties.

(13) Vacation of office on the Executive Committee or Assembly.

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Any member of an Executive Committee or Assembly shall vacate his office upon his:-

(a) Resignation in writing to the National Chairman or the Regional Chairman as the case may be.

(b) death; (c) Removal by the Supreme Council of

the Joint Session as the case may be.

(14) Vacancies on any Executive Committee or Assembly caused by death, resignation or otherwise shall be filled by the respective organ with the mandate to appoint the members of such executive Committee or assembly within four days from the time it falls vacant.

(15) The Executive Committees and Assemblies as the case may be shall be the principal organs of governing, conducting and administering the affairs of the in the respective level administrative tower within the mandate to overlook the operation and delivery of service and projects of the UMSC by the management staff, contractors, suppliers and other persons charged with such tasks.

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(16) In particular and without derogation from the generality of the immediately preceding paragraph, the Executive Committees and Assemblies shall have power, inter-alia:-(a) to appoint, discipline, transfer

and terminate the appointment of the employees of the Administrative tower

(b) To create or approve the creation of administrative and other posts necessary for the proper running of the affairs of the Administrative tower.

(c) To set policies for administration of the property and finances of the UMSC; agreement, loans, mortgages, or charges; approve any projects intended to generate funds for the UMSC and to approve the supplementary or additional estimates of revenue and expenditure of the UMSC;

(d) To prepare for approval by the respective Joint Session the UMSC’s annual estimates of the revenue and recurrent and capital expenditure including supplementary thereto;

(e) Subject to the approval of the respective joint session, to

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formulate, issue, promulgate or otherwise enforce any rules, regulations and Bye-Laws, including Personnel Manuals, Financial and Accounting manuals, Administrative Regulations, for the better carrying out of the provisions of these Articles and Memorandum of Association;

(f) To delegate any or all of their powers, duties and functions to officials, functional Committees, Boards and/ or Adhoc Committees.

ARTICLE 11: JOINT SESSIONS:

(1) There shall be a body called “The Joint Session at every level of the UMSC” constituted by the joint meeting of the Executive Committee and the Majlis Al-Ulama.

(2) The Joint Session is mandated to and or Assembly as the case may be shall be responsible for inter-alia:-(a) At the National level, the

initiations of proposals, for the consideration and approval by the Supreme Council on all policy legislative or otherwise normative

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JOINT SESSIONS: Joint meetings of the religious and the executive committees have been proposed at every level to be the highest organs at the respective levels; This also to create harmony and coordination between the two arms. It is proposed that the spiritual leader at each level be made the Chairman of the Joint Session, so that core purpose of the UMSC is maintained and promoted in whatever decisions and activities are made.


issues (besides the issuing of fatuwas) including but not limited to the amendment of the memorandum and Articles of the UMSC; the making of byelaws, regulations, manuals, policies and other types of guidelines; the creation of new Muslim Regions and Districts or whenever necessary, the removal or merging of existing ones;

(b) The appointment and disciplining

the Executive Secretaries and the ED with respect to the National Executive Committee as shall be necessary to man such departments of the Council as it may from time to time create;

(c) Subject to veto by the higher Joint Session or the Supreme Council as the case may be, have the final say on all matters and decisions within their respective areas of jurisdiction, and carry out any other responsibilities, which may be considered befitting of a joint decision.

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(3) The Chairman of the the National Joint Session shall be the Grand Mufti; the Chairman of each Regional Joint Session, shall be the respective Regional Mufti; the Chairman of the District Joint Session shall be the District Khadhi; the Chairman of the County Joint Session shall be the County Imam; and the Chairman of the Mosque Joint Session shall be the Mosque Imam.

(4) In each Joint Session, the Chairman shall have a casting vote.

(5) The ED with respect to the national level; the ED with respect to the regional level and the Executive Secretaries with respect to other levels of the UMSC shall be the Secretaries of the Joint Sessions with power to delegate such role to any member of the respective Executive Committee or Assembly.

The Executive Director shall be the Secretary to the National Joint Session.

(6) The National Joint Sessions shall regulate the own procedure and that of other joint sessions.

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ARTICLES 13: Executive Director ( Director ( ED)

(1) There shall be an Executive Director (ED) of the UMSC who shall be t he highest ranking executive in UMSC, interalia responsible to and appointed the Supreme Council from amongst the entire male Sunni Muslim population.

(2) The ED shall be a member and Chairman of the National Executive Committee and the Secretary to the Supreme Council and the National Joint Session

(3) The ED or his duly appointed representative shall be an ex-officio member of any Committee, Sub-committee, Adhoc committee or Board established by the , National Joint Session or the National Executive Committee, or any other body set up for the proper running of the affairs of the UMSC at the National level.

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(4) The duties and responsibilities of the ED shall include to :

i. Make strategic plans for the UMSC and its different organs; and

ii. Organize personnel, groups, representatives at different levels, projects and all structures/organs of the UMSC;

iii. Play the leading role and give direction and control over the executive arm of the UMSC;

iv. Coordination and control of the finances and financial management of the UMSC;

v. Coordination of ethics management systems

vi. Fundraising for the UMSC projects and operations;

vii. Employee performance management viii. Performance management of all

organs of the UMSCix. UMSC’s organizational change

and performance managementx. Initiation and pursuance of the

establishment of policies, regulations, byelaws, and procedures for proper, professional and up to date but

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Duties of the Executive Director: It is proposed that the role and duties of the chief executive of UMSC be widened and up dated to march the modern CEO.


Islamic management of the UMSC and the fulfillment of its objectives,

xi. Management of all projects undertaken and to be undertaken by the UMSC

xii. Public Relations and ensuring that the UMSC acquires and maintains a good public image

xiii. UMSC’s systems thinking xiv. Developing and

implementing high-level strategies;

xv. Making major corporate decisions;

xvi. Managing the overall operations and resources of UMSC; and

xvii. Acting as the main point of communication between the different organs of UMSC and the corporate operations;

(5) The ED shall have executive powers, exercisable under the Memorandum and Articles of Association , and shall be the Chief Accounting Officer responsible to the National

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Executive Committee, to the National Joint Session and the Supreme Council

(6) The ED shall be directly answerable to the National Executive Committee for matters relating to the business of the National Executive Committee, the National Joint Session.

(7) Subject to these Articles, the ED shall remain in office for a term of five years and shall be eligible for re-appointment only once

(8) The ED shall be responsible for coordination of the financial, administrative and other matters of all the Regional and other levels of the UMSC administrations/structures/organs shall, in that regard, issue such directives and make decisions as he deems fit.

Qualifications for the office of Executive Director (ED)

The post of ED shall be filled after public advertisement and the terms and

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conditions of recruitment and service will be contained in the management and personnel manual to be developed by the National Joint Session, with the help of experts to be appointed for that purpose.

Without prejudice to the above the ED shall be:-

(a) A respectable, properly married and good practicing Muslim of sound mind;

(b) A holder of a degree from a recognized University;

(c) Fluent in the English language;

(d) ALSUNNAHWAL-JAMA’AH; (e) Free from offences under the

National and Islamic Laws; (f) At least thirty-five years of

age.(g) Have substantial knowledge

and expertise in management, leadership, planning, organizing group and organizations, coordination of activities, projects and resources of large organizations, performance management, finance and or

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accounting and contemporary community and organizational management skills.

The ED shall have power to delegate any of his powers and/or duties to any of his subordinate officials of the executive tower.

Management(9) The National Executive Committee

and Regional Executive Committees shall, following the management and personnel manuals appoint management teams at the Headquarters and the regional eves respectively.

(10) The day to day management and operations of the UMSC at the headquarters shall be carried out by a Management Teams, which shall be organised into departments as may be spelled out in the UMSC Personnel Manual.

(11) The different departments shall be headed by different Directors at the National level and Department Heads at the regional level who shall be assisted by and work with

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other staff to be appointed by the National Executive Committee and the Regional Executive Committees respectively;

(12) The ED the national level and the respective Secretary Generals at the regional level shall head, supervise, direct, manage, control and be responsible for the management teams in their jurisdictions.

(13) The duties, work description, structure and operational guidelines of the regional and national management teams shall be regulated and defined by the management regulations set out in Schedule……hereof, and the Management, Accounting personnel and other Operational Manuals and may be made by the National Joint Session from time to time.

ARTICLE 15: PROCEDURE FOR IMPEACHMENT: a) Member of the Supreme the Grand Mufti, a

Regional Mufti or the Director of Sharia, 121


the ED or the ED (together herein referred to as “the apex offices”)

1) An impeachment of the above shall be initiated by a petition signed by a Muslim and endorsed by at least one third of the membership of the Supreme Council and submitted to the National Chairman and upon receipt of such petition the National Chairman shall convene a meeting of the General Assembly to discuss the petition.

2) In the event that the General Assembly recommends that the member affected be impeached, the National Chairman shall convene a meeting of the Supreme Council, which shall take a final decision on the matter.

3) In any other case affecting other officers of the UMSC other than those mentioned in Sub Article a) (1) above, the petition shall be addressed to the Grand Mufti.

4) On receipt of the petition the National Chairman of the Council or the Grand Mufti, as the case may be, shall send a copy thereof to the person being impeached for a reply which reply/defense shall be filed with the

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person who shall have sent the petition within 4 working days .

5) The Supreme Council in the case of the impeachment of an Apex officer National Joint Session in the case of impeachment of any other officers as the case may be shall be convened upon the expiry of 21 working days after delivery of a copy of the petition to the person being impeached with the notice for such meeting clearly stating its agenda, and the defense if any attached thereto.

6) The meeting of the Supreme Council or the National Joint Session as the case may be convened in accordance with sub-article 4 above shall by consensus and after consideration of the petition, the defense and the Islamic law decide either:

i. To warn the officer concerned and orii. Suspend the officer concerned for a

specified period of time not exceeding one month and or

iii. Suspend the officer concerned indefinitely or

iv. Remove the officer from office.

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7) Upon the removal of the Office bearer as a result of the impeachment the Council the Joint Session as the case may be shall nominate a person to act in the position until the position is dully filled in accordance with these articles.

ARTICLE…THE MUSLIM ARBITRATION AND CONCILLIATION COUNCIL (MAC):

1. There shall be an arbitration and conciliation council appointed by the Supreme Council (Shura), which shall have jurisdiction to hear all disputes between Muslims and between Muslims and non Muslims filed by such non Muslims relating to any issue, including the affairs, management, interest and rights of the UMSC, matrimonial causes , contract disputes and interpersonal relationships.

2. All members of the UMSC , save those who will have expressed their disclaimer publically in writing shall for all intents and purposes be deemed to have submitted to the jurisdiction of the MAC.

3. When determining disputes before it, the MAC shall always apply the Islamic

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THE MUSLIM ARBITRATION AND CONCILLIATION COUNCIL (MAC): It is proposed that a permanent arbitration tribunal be set up to adjudicate in Muslim disputes, relating to marriages, contracts, leadership, e.t.c. The Muslims in the U.K have a similar tribunal, and its decisions are enforced by the Courts of Law as arbitral awards. This legal position prevails in Uganda as well i.e. such awards are enforceabe by courts of law as if they were judgments.


Law to the extent possible under Ugandan Law.

ARTICLE 16: FINANCE:

(1) The financial year of the UMSC shall run from 1st January to 31st December of the calendar year.

(2) The Management teams shall prepare annual budgets of the UMSC estimates of revenue and recurrent and capital expenditure for presentation to National Executive Committee and the Regional Executive Committees respectively, who shall present the same to the respective Joint Sessions for final approval before the beginning of the financial year to which they relates.

(3) Subject to any financial regulations that may be promulgated any expenditure of UMSC funds shall be affected by means of written instruments signed by the proper officer, under the supervision of the appropriate Director/Head of department within the management team and the ultimate control of the ED as the Chief Accounting Officer of funds of the UMSC.

(4) ”Proper Officer” means any finance or other officer authorized by the

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respective Management team in its meetings to control any votes or items of expenditure.

(5) Every management team shall have power to approve any re-allocation of votes within a given department and the respective Executive Committee may approve the transfer of funds from one department to another or one organ of the UMSC to another.

(6) All instructions concerning the UMSC’s funds shall be in writing.

(7) Revenue earning departments or institutions of the UMSC such as Schools, Hospitals, Dispensaries, Industries, Houses, Shops, Farms and Ranches shall, subject to any relevant financial regulations be self-accounting units and shall, where appropriate, be run as separate subsidiary Companies with their own Boards of Directors appointed by and responsible to the National Executive Committee.

(8) The UMSC or any of its regional administrators shall open and operate such Bank Accounts at such Banks as the National Executive Committee or the Regional Executive Committee as the case may be shall from time to time decide.

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(9) The Regional Administrations or any organ within their jurisdiction shall on terms approved by and within prior approval of the regional Secretary General be free to open and operate Bank Accounts in the name of Uganda Muslim Supreme Council and shall Mutatis Mutandis, follow the financial provisions, or any special regulations or bye-laws laid down by the Executive Committee or the ED.

(10) The Management teams of both at the national and regional administrations shall maintain Proper Books of Accounts showing:(a) Income and Expenditure,(b) Assets and liabilities of the

UMSC.PROPER BOOKS shall not be deemed to be kept if there are not kept such books of accounts as are necessary to give a true and fair view of the state of the UMSC Affairs and to explain its transactions.

(11) The books of Accounts shall be kept at the registered office of the UMSC or at such other place or places as the National Executive Committee shall think fit, and shall always be open to the inspection of the members of the National Executive Committee.

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(12) The National Executive Committee shall establish an Internal Audit Unit (headed by an Internal Auditor), which shall audit the accounts of the UMSC at all levels and report to the ED, with copies to the Grand Mufti.

(13) The Accounts of the UMSC and all its organs shall be annually audited by a firm of qualified External Auditors nominated by the National Joint Session for the approval of the General Assembly.

(14) There shall be a UMSC Accounts Committee, nominated by the National Executive Committee from the entire Muslim population of Uganda (so however that at least 50% of the membership shall be members of the General Assembly) for approval by the Supreme Council, whose duty shall be to scrutinize the audited accounts of the UMSC. The Council’s Accounts Committee shall have power to summon before any UMSC official to answer any questions that may arise from the audited accounts of the UMSC.The UMSC Accounts Committee shall make its reports and recommendations to the National Joint Session.

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(15) Every Muslim in Uganda shall who earns a living shall pay 0.1% of his annual retained earnings or such other fees as shall be determined by the Executive Committee from time to time being part of his/her Zakat, directly to the UMSC.

(16) The revenue of the UMSC shall be derived from donations, collections and payments made by Muslims in accordance with the Sharia, Waqf establishments and from activities of economic nature undertaken by or on behalf of the UMSC.

(17) The National Executive Committee shall from time to time determine the proportions of funds collected from Muslims to be retained by the headquarters or forwarded to the regional administrations for use at the regional administrations of for onward transmission to the district, county and mosque committees. As the case may be provided the instructions ……………….. the funds shall always specifically state the purpose for which such funds shall be meant.

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ARTICLE 17 Property, Zakat, Funds and Investments

There shall be formed and incorporated independent entity to hold in trust and manage the property and investments of the UMSC.

All the property of the UMSC howsoever acquired shall immediately be transferred to the names of a trustee company limited by guarantee and not having share capital to be known as the Uganda Muslim Property Trust ltd (UMPT)

The UMPT shall act as a trustee, manager, administrator, registrar, secretariat, operator etc of the UMSC properties

The UMPT shall be responsible for generating capital appreciation, rising the income and return, and generally add value to the property vested in it

The UMSC shall monitor, supervise and be responsible for all the property management administration, record keeping and documentation, registration, secretarial and company secretarial services relating to the properties herein vested in it.

The UMPT shall be responsible for securing and keeping in custody and safety the documents of title and all relevant documents relating to the UMSC properties

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Musumba, 12/20/12,

Property, Investment and Financial Management and Security: Following the proposals from most of the key informants, we propose that the management of property and funds, including investment funds be separately organized and catered for; A number of options are available. A body of trustees can be appointed to hold the properties on behalf of the UMSC and a management company created to manage and run the properties on behalf of the trustees as is the case with the Church of England, where the system seem to have worked well; On the other hand, a separate company can be formed, or since one already existed and seem to have worked very well for the UMSC, revived to manage the properties (but this time all the properties not only some), and then another company or fund set up to receive the proceeds and invest them/manage them; We have laid out a sample of how the system could work; The separation of roles and checks and balances should be extended to highly sensitive and money related areas like A National Muslim SACCO, Zakat and Waqfu, as this has been proposed as one of the sure ways of rebuilding public confidence in the UMSC regarding finances. Need for a Charities Law: It has been observed that Uganda lacks a law equivalent to The Charities Acts of The U.S and the U.K, plus the Extension of Charitable Purposes Act of Australia, e.t.c. The Charities laws regulate among other things, the holding of charitable property, its disposition, mortgaging or other dealing. The leaders of religious and other charitable organizations are not free to sale, use and abuse charitable property. Stringent conditions and procedures are laid down and regulated by Governments through Authorities like The Charities Commission for England and Wales, The Charities Directorate of Canada, and other equivalent organizations, all of which is lacking in Uganda, leaving the public un protected. We recommend that Government formulates and Parliament immediately passes a law in this regard, covering not only the Muslim properties and funds , but all charitable properties and assets, Muslim, Christian, Hindu or non denominational. The timing is good since the Government is in the process of up dating the land management systems and strategies.


The UMPT shall not sell, mortgage, pledge, lease or otherwise create encumbrances over the properties vested in it without a resolution and approval of the shura to that effect.

Notwithstanding anything in these memorandum of association or otherwise mosques shall not be sold, mortgaged, leased, pledged or otherwise dealt in under any circumstances whatsoever.

In the event that the UMPT or anybody desires to modify, replace, extend or otherwise temper with the construction and structure of a mosque or construct a new mosque, a plan shall be drawn, detailing the proposed development/alterations and submitted to the ED accompanied by evidence of the availability of prospects of the requisite funds and technical competence for prior approval

The expenses of the UMPT shall be met from the income arising from the properties herein vested in it and after expending the budgeted sums for administration the balance of such income shall be remitted to a fund created by the UMSC for that purpose.

The UMSC funds investment measures

There shall be created an investment management fund to be known as the Uganda Muslim Investment

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Fund ltd which shall manage, control, oversee and monitor the investment and multiplication of

I. All income generated out of the properties of the UMSC less the costs of the UMPT;

II. All money collected by the UMSC as zakat or waqfu and which the UMSC has resolved to invest;

III. All monies collected and generated by the house of zakat and waqfu and which the board thereof has involved to invest

IV. All monies generated from the operations of the UMSC are less cost of administration of the UMSC

House of zakat and waqfu

There shall be a company limited by guarantee and for profit responsible for the collection and distribution of zakat and waqfu, to be known as the house of zakat and waqfu ltd.

The house of zakat and waqfu shall operate under the guidance and general supervision of the National Joint Session

ARTICLE 187: MEETINGS:

(1) There shall be an annual, General Meetings of the General Assembly, which shall for all intents and purposes be

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the annual general meeting of the members of UMSC

(2) The Annual General Meeting shall be convened by the National Chairman called by twenty-one days written notice sent to every member of the Assembly and published in the local press and Radio Uganda in all major languages.

(3) There shall be an Extra-ordinary General Meeting of the Assembly convened by the ED upon a receipt of a Memorandum signed by one third of the members of the General Assembly requisitioning such meeting. The meeting shall be convened by a seven-day’s notice sent and published as in Paragraph 2 of this Article, and the Chairman shall be immediately informed.

(4) The Chairman of the Supreme Council, otherwise known as the National Chairman shall chair all meetings of the Assembly and shall accordingly have a casting vote.

(5) The Supreme Council shall always have powers to veto, modify, vacate or otherwise change all decisions, resolutions and actions of the Assembly, and any decision taken by the Supreme Council in that regard shall always be

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substituted for and taken/deemed as the decision of the Assembly.

(6) The National Executive Committee shall meet at least once every three months or otherwise whenever summoned by the ED

(7) The Majlis Al-Ulama shall meet at least once every three months on the instruction of the Mufti.

(8) The National Joint session shall be chaired by the Grand Mufti, the Regional Joint Sessions shall be chaired by the Regional Muftis; the District Joint Sessions shall be chaired by the District Khadhis; the County Joint Session shall be chaired by the County Imam and the Mosque Joint Session shall be chaired by the Mosque Imam.

(9) Any meeting of a Joint Session shall be convened on the instructions of either its Chairman who shall always have a casting vote at such meetings.

(10) At all meetings of the General Assembly, the Executive Committees, the Majlis Al- Ulamas, the Joint Sessions or any other bodies or organs set up by or on behalf of the UMSC, the quorum shall be one-third of the members and the Chairman thereof shall have both the original and casting votes.

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(11) The quorum of the Supreme Council shall be 40 members and for any resolution to be considered as carried/taken by the Supreme Council, it shall be proposed by at least one member, seconded by at least two members and agreed to by at least 40 members.

(12) The National Executive Committee shall make standing orders, which shall govern the proceedings of the General Assembly, the Joint Sessions, the Majlis Al-Ulamas, the Executive Committees and other organs established under this constitution.

(13) Any Committee established under this Constitution may co-opt any person it deems necessary for the better performance of its functions. The co-opted members shall have no vote and shall not exceed one fifth of the total membership.

ARTICLE 20: MUSLIM DISTRICT COMMITTEES:

1) There shall be a District Executive Committee, a District Council of Sheikhs, a District Joint Session of the District

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Executive Committee and the District Council of Sheikhs (hereinafter referred to as “the District Joint Session”), and a Management team all constituted as herein mentioned.

2) The Muslim District Council of Sheikh shall consist of the following:-

a) The District Kadhi as its Chairman,b) The County Sheikhs in the District,c) The District Dawa/Mauledi Sheikh,d) The District Zakat Sheikh,e) The District Slaughter Officer,f) Five other Sheikhs to be appointed by the

Muslim District Council.3) The District Council of Sheikhs shall

watch over the conduct of

Sheikhs and Bawalimu who perform any religious work within the District and shall discipline, counsel and general guide them in their work.

4) The Muslim District Council of Sheikhs shall have initial responsibility for matters of Fatwa of and difficult questions of interpretation to the Mufti and disputes to the DIRECTOR OF SHARIA.

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5) The Management Committee of the District shall be charged with the day affairs of the District shall be charged with the day affairs of the District and shall consist of:-

a) The District Kadhi as its Chairman,b) The District Treasurer,c) The District Slaughter Officer,d) The District Dawa/Mauledi Sheikh,e) Other heads of departments at District

level.

6) The Muslim District Management Committee shall prepare an annual budget of the District Council estimates of revenue and recurrent and capital expenditures for presentation to the Muslim District Executive Committee for Discussion and transmission to the Regional Secretary General for approval before the beginning of the financial year to which it relates.

7) Each District shall employ a full-time paid Financial Officer who need not necessary be the District Treasurer and who will maintain proper books of accounts for the District.

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8) The Accounts of the District shall be audited by an Auditor appointed by the Regional Executive Committee.

9) The audited Accounts of the District shall be presented to the Muslim District Council for consideration and the District Council shall have power to summon before it any official of the District to answer any questions that may arise from such accounts before forwarding a copy of the same together with its comments and/or recommendations thereon to the CEO.

ARTICLE 21: COUNTY AND JUMA MOSQUE COMMITTEES1) The County Committee shall consist of:-a) The County Sheikh.b) The two members from each Juma Mosque.2) The County committee shall consist of”-a) The County Sheikh.b) The two members from each Juma Mosque

3) From foregoing composition the Committee shall by consensus select a chairman, a secretary and a Treasurer.

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4) The county committee shall discuss all matters of interest to Muslims within its area and shall regulate its own procedure.

5) The county Sheikh shall be appointed by the District Kadhi on the advice of the District Council of Sheikhs from a list of three names proposed by the country committee.

6) Each Juma Mosque shall have a committee consisting of the following:-

a) A Mosque Imam,b) A Chairman of the Executive Committeec) Secretary of the Executive Committeed) A treasurer and e) Five committee members

All members under (b), (c), (d) and (e) shall be elected by all adult Muslims of the Juma Mosque.

ARTICLE 22: SUPERVISION OF MUSLIM DISTRICIL COUNCILS:

1) Where the Regional Secretary General is satisfied that there is serious or widespread misuse of Muslim District funds facilities and the organs concerned is

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unable to correct the situation, he may freeze the accounts of the District and order an investigation to be carried out under this Article.

2) Where District Accounts are frozen under this Article, the Regional Secretary General shall make arrangements for meeting urgent expenditure, shall give directives on the basis of which the accounts may be re-operated.

ARTICLE 23: GENERAL:

1) This Constitution may be amended at a General Meeting of the Assembly by a resolution supported by the vote of at least two thirds of all the members of the assembly and upon approval by the Supreme Council (Shura).

2) Where it is intended to amend the constitution the notice convening the meeting shall state that fact and general natural of the proposed amendment.

3) The common seal of the Council shall be in such form as shall be approved by the National Executive Committee and shall be kept under the custody of the National Chairman

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4) The common seal of the council shall be affixed to important document and witnessed by any three of the following:-(a) The National Chairman,(b) The Grand Mufti,(c) The ED and(d) Three members of the Council of

Muftis appointed by the National Joint Session for that purpose.

5) The common seal shall be affixed to documents after resolutions of the National Joint Session to that effect.

6) There shall be a full-time Legal Advisor to the Supreme Council who shall be appointed by the National Executive Committee from amongst the Muslim practicing Lawyers of Uganda. The legal Advisor shall be an ex-officio member of the National Executive Committee and may attend meetings of other Committees of the UMSC by invitation.

7) The legal Advisor shall advice the council and its constituent bodies and organs on all legal matters, but the UMSC shall be free to seek legal advice elsewhere.

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8) The Uganda Muslim Supreme Council shall be the Registered Proprietor of any land acquired by it through donation purchase, bequest or otherwise.

TRANSITION:

1(a) Upon the adoption of this amended Constitution/memorandum and articles by the UMSC and after the Supreme Council being constituted in accordance with these articles following immediately thereafter UMSC officials at all levels, shall be deemed to have resigned their positions and the new Supreme Council shall immediately proceed to put in place mechanisms for the filling of all other positions of the UMSC in accordance with the provision of this constitution.

b) The filling of all positions of paragraph 10(a) above shall be done within 45 days from the date of the first meeting of the Supreme Council

c) Upon the adoption of this constitution/Memorandum and Articles of Association, the sitting Chairman of the General Assembly shall within 7 days summon all known eligible members of the Supreme Council for the first meeting of the Supreme

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Council.

9) The official language of record of the UMSC shall be English.

Adopted at Kampala this ….. day of ….., 20……SIGNED BY:

1. ……………………………………………

2. …………………………………………….

3. ……………………………………………4. …………………………………………….

Signed by the above at Kampala this …………………..day of ……………….In the presence of:SIGNATURE: ………………………………………NAME ………………………………………

PROFESION ……………………………………….

ADRESS: ………………………………………

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SCHEDULE “A” ARTICLE 5: DUTIES OF THE MUFTI:

1) He shall be the leader and head of Muslims in Uganda.

2) He shall be the Chairman of Majlis Al- Ulama and responsible for issuance or pronouncements of its decisions.

3) He shall be:-(a) The Chairman of the Management Committee(b) Chairman of Assembly for purposes of

electing the Chairman and Deputy Chairman.

4) He shall be the Chairman of the Joint Session when discussing matters affecting the Chairman.

5) He shall verify and approve or disapprove all Islamic Books coming into the Country for the Council and shall whenever necessary comment and / or guide Muslim on any other Islamic books circulating within Uganda.

6) He shall represent the Council on internal and external Conferences on Islam as appropriate.

7) He shall be the official representative of the Council on all National Occasions and Ceremonies.

8) He shall plan and supervise all religious activities of the Council.

9) He shall be responsible for the smooth running of the affairs of the Council.

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We need to recast in view of the new structure.


10) He shall maintain good relations and contact with other religious denominations in the Country.

SCHEDULE “B” ARTICLE 12: DUTIES OF THE MANAGEMENT COMMITTEE:

1. To promote the propagation of Islam and strengthen faith in the minds of the Muslim population.

2. To ensure that three exists an efficient and capable administration in all lower cadres of Management.

3. To plan, organize and supervise the administration of the Councils Affairs so as to ensure the stability, development and prosperity of Muslims of Uganda without prejudice to sex or tribe.

4. To co-ordinate and supervise Council Staff in their day to day work.

5. To initiate and negotiate agreements subject to the approval of the Executive Committee.

6. To discipline junior staff.7. To prepare annual budgets for approval by the

Executive Committee of the Council.8. To devise ways and means of raising resources to

strength the finance of the Council.9. To prepare performance reports regularly for

consideration of the Executive Committee.10. To promote and maintain good relationship

internally and externally with other bodies or authorities.

11. To make sure that the community is well served particularly in Education, Health, and other

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We need to modify this to localise the functions of the regional committees and create a supervisory framework for the national management.


Social Services.12. To initiate and recommend the creation of new

offices.13. To establish Committees whenever necessary for

the proper and efficient performance of the above duties.

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As we


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