THE PREAMBLE TO
THE CONSTITUTION OF THE KHOJA SHIA
ITHNA-ASHERI JAMAAT. DAR ES SALAAM
BISMI-L LAHI-R RAHMANI-R RAHEEM.
The contents of this set of documents shall
collectively be known as the ‘Constitution of the
Khoja Shia Ithna-Asheri Jamaat, Dar es Salaam.
This Constitution shall come into effect on the
____ day of _____ 1990 in place of the existing
one, adopted on the 04th of September, 1937,
according to which, for the past 53 year, our
Jamaat has been functioning.
Therefore, working on the old Constitution,
bearing in mind the changes between the Thirties,
Nineties and Tomorrows, and taking due notes of
the rights, duties and priviledges of Members,
Board of Trustees and Managing Committee, a new
Constitution was drafted and presented to the
members for deliberations and adoption.
Al-hamdu lil-lah, these having been successfully
accomplished, the Managing Committee has the
honour and pleasure of presenting you, our
esteemed Members with the revised Constitution of
the Khoja Shia Ithna-Asheri Jamaat, Dar es
Wa S-salamun Alaykum wa Rahmatu L-Iahi Wa
ALIRAZA RAJANI ______________________
H.R. JAFFER ___________________________
The Khoja Shia Ithna-Asheri Jamaat
DAR ES SALAAM.
Friday 4th May 1990
9th Shawall 1410
AMENDED CONSTITUTION OF THE KHOJA
SHIA ITHNA-ASHERI JAMAAT, DAR ES
It is hereby established an association of the Ithna-
Asheries of Dar es Salaam to be named and styled
as “The Khoja Shia Ithna-Asheri Jamaat, Dar es
Salaam” (hereinafter referred to as “The Jamaat”).
2. REGISTERED OFFICE:
The Registered Office of the Jamaat shall be
situated in Dar es Salaam, Tanzania.
3. AIMS AND OBJECTS:
The Aims and Objects of the Jamaat shall be in
accordance with the tenets, doctrines and sheriah of
Shia Ithna-Asheri Sect of Islam. These shall be:
I a) To promote the Jamaat in religious,
economical, social, educational and health spheres.
b) To Create, Cultivate and maintain
goodwill amongst all its members.
c) To settle differences and disputes of any
nature in the Jamaat or between two or
more members of the Jamaat.
d) To encourage unity and mutual
understanding within the Jamaat and
between the Jamaat s and other
communities of different races and creeds
e) To propagate and defend Shia Ithna-
f) To establish and to maintain mosques and
other religious institutions.
g) To own proper ties and to have
investments in furtherance of the said
Aims and Objects.
h) To do all such other lawful acts as are
incidental to or conducive to the
attainment of any of the above mentioned
Aims and Objects.
ii. Provided that for the purposes of attaining the
Aims and Objects aforesaid, the income of the
Jamaat shall be utilized primarily for the benefit of
the Shia Ithna-Asheries resident in Dar es Salaam.
iii. To fulfil these aims and objects, Jamaat may
raise funds by various means.
iv. Further provided that the Jamaat may offer its
services and utilize its income derived by way of
fees or special donations for the purpose of
attaining clause 3 (i) of the Aims and Objects.
I) Any male person of the Shia Ithna-Asheri Faith
of Khoja origin over the age of 18 years and
who is a resident of Dares Salaam shall be
eligible to become a member of the Jamaat.
II) Every application for membership shall be in
writing and shall be submitted by the applicant
to the Honorary General Secretary together
with the first subscription.
III) Every member of the Jamaat shall abide by
the Constitution and By-laws of the Jamaat in
force at that time.
IV) Any new resident of Dar es Salaam who
qualifies for membership on changing his place
of residence shall be eligible to become a
member on transfer from any other Jamaat by
producing certificate or letter of clearance in
addition to fulfilling the conditions of clause 4
I) The subscription payable by each member shall
be as determined from time to time by the Jamaat
at its General Meeting.
II) The Managing Committee shall have the right
to exempt any member from payment of the annual
subscription on the grounds of the applicant’s
inability to pay such subscription.
III) The subscription shall be due on 1st January in
each year and shall be payable latest by 31st March
6. RIGHT AND BENEFITS OF REGISTERED
I) All registered members shall have the right to
speak at any General Meeting of the Jamaat on all
matters on agenda and shall be eligible for election
as trustees, (subject to their complying with the
condition laid down in rule no. 26 (III»), office
bearers and members of the Managing Committee
or sub-committee (s) of the Jamaat, and shall have
the right to vote at such meetings subject, however,
to rules 10 (I).
II) A registered member may get at the
convenience of the Managing Committee on social
(which shall not be against the Sheriah) and on
religious occasions, furniture, crockeries, utensils,
etc. in accordance with the terms and conditions as
set by the Managing Committee and on payment of
a prescribed fee, if any. The Managing Committee
at its discretion may allow or refuse the use of such
III) Any member who is in arrears of his
subscription for twelve months or over shall not be
entitled to the services rendered by the Jamaat with
the exception of those which are to be offered
7. TERMINATION OF MEMBERSHIP:
I) Any member desiring to resign from the
membership of the Jamaat shall submit his
resignation in writing to the Hon. General
II) If any member renounces the Shia Ithna-Asheri
faith, he shall cease to be a member of the Jamaat
from the date of his renunciation.
8. GENERAL MEETING:
I) An Annual General Meeting shall be held every
year not later than 31st March for the purpose of
transacting the following:
a) To confirm minutes of previous General
Meeting (s) (which hitherto have not been
b) To receive and to adopt audited accounts of the
Jamaat for the preceding year.
c) To receive and to adopt audited accounts of the
Board of Trustees for the preceding year.
d) To receive and adopt accounts of the affiliated
and other sub-sections.
e) To appoint an Auditor for ensuing year.
f) To discuss another business introduced by the
II) An Election Meeting shall be held once every
two years to coincide with the Annual General
Meeting as prescribed in para (I) above. In addition
to the requirements of para (I) (a) – (f) such
election meeting shall also receive and shall adopt
the report of the Managing Committee and that of
the Board of Trustees covering the period of its
preceding term, and shall elect members of the
Managing Committee; and those of the Board of
III) The Jamaat shall meet at such other times as
the Managing Committee may decide and such
meetings shall be known as “Special General
IV) It shall be incumbent upon the Managing
committee to convene a Special General Meeting
of the Jamaat with in four weeks of receipt of a
requisition notice signed by not less than 25% of
the members of the Jamaat.
V) In the event of the Hon General Secretary or
the Managing Committee neglecting to call a
Special General Meeting within four weeks of the
receipt of the requisition as stated in (IV) above,
these members shall themselves circulate a sevenday
notice among the members of the Jamaat and
shall convene the Meeting themselves stating the
objects, the place and the time of such a meeting.
VI) The President, whom failing the Vice
President, whom failing, a chairman to. be
appointed by a majority of the members present,
shall preside at a General Meeting of the Jamaat
and his rulings shall be final upon points of order
and matters of procedure. The Chairman shall have
a deliberative as well as a casting vote.
9. NOTICE OF GENERAL MEETINGS:
I) At least 14 days’ notice shall be given in respect
of all General Meetings provided that in the case of
Special General Meetings 7 – days’ notice shall be
II) Notices of all General Meetings shall be deemed
to have been properly given if such notices are
displayed an the Jamaat’s Notice Board.
III) All documents as reports, accounts and
resolutions to be presented by the Managing
Committee or the Board of Trustees to the
members at any meeting of the Jamaat, shall be
made available to the members from a designated
place at least 3 days before the date of such a
10. VOTING AT GENERAL MEETINGS:
I) No member shall be entitled either to
participation or to vote at any general meeting
of the Jamaat or its committees if he shall be in
arrears of this subscription whether demanded
II) AIl voting shall be by a show of hands or by
ballot as determined by the Chairman. .
III)Na resolution of a General Meeting shall be
cancelled, rescinded or withdrawn within six
months of the passing of such a resolution
unless special grounds are submitted to the
Managing Committee which shall decide by a
three fourths majority whether the matter
should be taken to the General Meeting far its
11. QUORUM AT GENERAL MEETINGS:
I) Save and except as provided in clause 35,
quorum at all General Meetings shall be 100
members or 25% of the members (whichever is
less), provided that in the case of a meeting called
by a requisition of the members under Clause 8
(IV) the quorum shall be 25% of the members.
II) If within 15 minutes of the time appointed for
any General Meeting a quorum is not present the
meeting shall stand adjourned to a time and place
to be appointed by the Chairman. Provided that if
called under Clause 8 (IV) the meeting shall stand
III)Any number of members present at such a
reconvened meeting shall constitute a quorum.
12. MANAGING COMMITIEE :
I) The affairs of the Jamaat shall be managed by a
Managing Committee which shall consist of the
following 14 members of whom the first five will
be office bearers of the Jamaat;
b) Vice President
c) Hon. General Secretary
d) Hon. Joint General Secretary e) Hon. Treasurer
f) Nine Committee Members
II) The office – bearers and seven members of this
Managing Committee shall be elected at the
Election Meeting and two members shall be
appointed by the Managing Committee.
III) No member shall be entitled to be elected or
nominated as a member of the Managing
Committee of the Jamaat unless he shall have
become a member twelve months prior to the
election and is not in arrears of subscription.
13.TERM OF OFFICE OF THE MANAGING
The term of office of the Managing Committee
shall be for a period of two years.
1 4 . TENURE OF OF F ICE OF THE
I) Members of the Managing Committee shall hold
office until the next election meeting.
II) Members of the Managing committee shall be
eligible for re-election, EXCEPT that a person
who has served three consecutive terms as “The
President” shall not qualify for the fourth term, but
may be elected after a lapse of at least one term.
III) A member of the Managing Committee shall
vacate his seat:-
a) If he ceases to be a Shia Ithna-Asheri;
b) If he resigns;
c). If he is certified or otherwise judged to be
of unsound mind or insane;
d) If he ceases to reside in Dar es Salaam;
e) If he fails without good and sufficient cause to
attend four consecutive meetings of the Managing
15.METHOD OF ELECTION OF THE
Members of the Managing Committee shall be
elected at the Election Meeting by ballot if there
are more than one candidate for any post.
16.POWERS AND FUNCTIONS OF THE
I) The Managing Committee shall have the power
to appoint and dissolve Sub-Committees and to
assign to them powers and duties as may be
deemed necessary. The Sub-Committees shall abide
by rules of procedures as defined by the Managing
Committee from time to time. The President and
Hon. General Secretary shall always be ex-officio
members of Sub-Committees appointed by the
II) The Managing Committee shall have the power
to make, repeal and amend rules, regulations and
by-laws which may be found necessary for the
furtherance of the Aims and Objects of the Jamaat
and the management of the affairs of the Jamaat.
III)The Managing Committee shall have the power
to create, receive and raise funds and through the
Board of Trustees to invest such funds to buy,
build or own properties.
IV)The Managing Committee, through the Board
of Trustees, shall have the power to sell properties
belonging to the Jamaat, provided prior approval is
obtained from the General Meeting.
V) The Managing Committee shall have the power
to incur expenses for the purpose of the
Management of the Jamaat and for carrying out its
VI)The Managing Committee shall have the power
to fill any vacancy occurring among its members
except that in the event of the office of the
President becoming vacant, the Vice President shall
assume the office of the President for the
remaining period Office
VII) The Managing Committee shall have the
power to nominate two members’ to the Managing
17.MEETINGS OF THE MANAGING
I) The first meeting of the newly elected Managing
Committee shall be held within two weeks of the
Election Meeting jointly with the retiring members
of the Managing Committee for the purpose of
adopting any minutes of the previous meetings of
the Managing Committee and proper handing over
of the affairs of the Jamaat.
II) The Meetings of the Managing Committee shall
be convened at the behest of the President by the
Hon. General Secretary or in his absence by Hon.
Joint General Secretary at least once every month.
III)Within seven days of the receipt of a requisition
in writing signed at least by two thirds of the
members of the Managing Committee, the Hon.
General Secretary or in his absence the Hon. Joint
General Secretary shall call a special meeting of
the Managing Committee for the deliberation of
the matters specified therein, failing which these
members may call such a meeting.
IV) Seven days notice shall be given in respect of
each Meeting of the Managing Committee. A
shorter .notice may be given when it is deemed
V) No meeting shall be deemed irregular by reason
only of non-receipt of a notice by any member of
the Managing Committee.
VI) If any member of the Managing Committee
remains absent from its three consecutive meetings
without any specific reason (s) he shall be notified
of the fact in writing by the Hon. General
Secretary before calling the fourth meeting. If the
member, in spite of such notice and without a valid
excuse remains absent from the fourth meeting,
then he shall be considered to have automatically
ceased to be member of the Managing Committee.
18QUORUM AT MEETINGS OF THE
I) Quorum at all Meetings of the Managing
Committee shall be 50% provided the President or
the Vice President or the General Secretary is
present during the whole of such meeting.
II) If within 15 minutes of the time appointed for a
Meeting of the Managing Committee a quorum is
not present, the meeting, if called under Clause 17
(III) shall stand dissolved. In any other case it shall
stand adjourned to a time and place to be appointed
by the Chairman.
III) Any number of members present at such an
adjourned meeting shall constitute a quorum with
the same proviso as in 18 (I).
19. DUTIES OF THE PRESIDENT:
I) The President shall hold the highest office of the
Jamaat, and due respect, honour and privilege shall
be given to him as such:
II) THE PRESIDENT SHALL:
a) Be the executive head of the Jamaat.
b) Preside over all meetings of the Jamaat and the
Managing Committee. In his absence the Vice
President shall take the Chair, and if he too is
absent, members present shall elect their own
c) In the event of the tie in any division called for
at a meeting, the President shall have a casting as
well as a deliberative vote.
d) Have the right to supersede any decisions of the
Managing Committee members where a clear
decision cannot be made.
e) Appoint heads of Sub-Committees, to be known
as Secretary of the Sub-Committee.
f) Appoint to the Managing Committee up to a
maximum of two members, at any given time, in
the event of vacancies occurring therein.
g) Have the right to incur expenditures on behalf
of the Jamaat, which he shall report to the
Managing Committee at its subsequent meeting.
h) Represent the Jamaat or appoint any person to
do so at any Public Function.
i) Make Public announcements or statements
whenever necessary or appoint someone to do so.
20. DUTIES OF THE VICE PRESIDENT:
The Vice President shall assist the President and
shall assume the powers of the President in the
21. DUTIES OF THE HON. GENERAL
SECRETARY AND HON. JOINT GENERAL
The Hon. General Secretary and Hon. Joint
General Secretary shall execute all decisions of the
Managing Committee and shall also:
Be responsible for the smooth functioning of the
Secretariat and the Jamaat’s staff.
II) Be responsible for giving Notices of all
lII) In consultation with the President prepare and
issue notices and agenda of all meetings.
IV) Record and maintain proper minutes of all the
proceedings of the meetings.
V) In consultation with the President deal with all
matters that come before the Secretariat.
VI) Co-ordinate the activities of all Sub-
2 2 . DUTIES OF THE HONORARY
I) All monies, cheques, bills of exchange and funds
of and due to the Jamaat shall be received by and
paid to the Hon. Treasurer of the Jamaat who shall
deposit all monies immediately in the name of the
Jamaat in any bank or banks approved by the
Managing Committee. Such banking accounts shall
be operated jointly by President, Hon. General
Secretary and Honorary Treasurer. Provided,
however, in the absence of the President the Vice
President shall be one of the joint operators.
II) The Hon. Treasurer shall be responsible for the
safe custody of Jamaat’s monies and valuables.
III) The Hon. Treasurer shall maintain a true
and proper accounting records of the Jamaat and of
the Board of Trustees and shall submit them to the
Managing Committee every six months.
IV) The Treasurer shall not make payments of any
accounts, bills or vouchers, without first getting
them certified and authorised by the President or
by Hon. General Secretary.
V) The Hon. Treasurer shall draw up a Balance
Sheet and Income and Expenditure Account and
shall get the same audited. Such audited Balance
Sheet and Income & Expenditure Accounts shall be
presented to the Jamaat at least 3 days before the
date of the Annual General Meeting.
VI) The Hon. Treasurer shall keep a proper
register of members giving the date of admission
and payments of subscriptions.
I) The Managing Committee shall have power to
appoint and dissolve Sub-Committees as and when
11) The Managing Committee shall draw up bylaws
and/ or give guidelines which will govern the
activities of the Sub-committee.
III) A Sub-Committee shall deal with only matters
connected with its respective affairs entrusted to it
by the Managing Committee.
IV) The Secretary of each Sub-Committee shall be
appointed by the President and preferably be a
member of the Managing Committee.
V) Members of the Sub-committee shall be
recommended to the Managing Committee for its
VI) A Sub-Committee shall not incur any
expenditure without prior approval of the
V1I) The term of office of all Sub-Committees
shall end with that of the Managing Committee,
but unless dissolved as per clause 23 (I), members
of the SubCommittees shall be required to remain
in office until new appointments are made by the
succeeding Managing Committee.
24. APPOINTMENT OF AUDITORS:
I) All the accounts of the Jamaat and of the Board
of Trustees shall be audited by authorised Auditors.
1)ie Auditors shall be appointed at an Annual
General Meeting of the Jamaat.
III) Only a citizen of Tanzania who is a resident of
Dar es Salaam shall be eligible for appointment as
IV) lNTERNAL AUDITOR: An Internal Auditor
shall be appointed by the Managing Committee and
shall be a person other than the Auditor appointed
per clause 24 (I).
V) A member of the Managing Committee or a
member of the Board of Trustees shall not be
eligible for appointment as an Auditor.
25. BOARD OF TRUSTEES:
I) A Board of Trustees shall be incorporated under
the Trustees Incorporation Ordinance or any
amendments thereof or replacement thereof with
the title “The Registered Trustees of the Khoja Shia
Ithna-Asheri Jamaat of Dar es Salaam”
II) The properties of the Jamaat shall be vested in
six Trustees (hereinafter referred to as the Board of
iii) Only a citizen of Tanzania shall be eligible for
the post of Trusteeship.
IV) No member of the Jamaat shall be eligible for
election as a Trustee unless he has been a member
of the Jamaat for at least twelve months and is a
resident of Dar es Salaam.
V) The Board of Trustees shall always be six in
number whereof the President or the Vice
President and the Hon. Treasurer of the Jamaat
shall be ex-officio members. The remaining four
shall be elected by the Jamaat in a General
26. TERM OF OFFICE OF THE BOARD OF
The term of office of the Board of Trustees shall
be for a period of two years.
27. TENURE OF OFFICE OF THE BOARD
I) Members of the Board of Trustees shall hold
office until the next election meeting.
.II) Members of the Board of Trustees shall be
eligible for re-election.
III) A member of the Board of Trustees shall
vacate his seat:
a) If he ceases to be a Shia Ithna-Asheri;
b) If he resigns;
c) If he is certified or otherwise adjudged to be
of unsound mind or insane;
d) If he ceases to reside in Dar es Salaam
e) If he changes his nationality;
f) If he fails without good and sufficient cause to
attend four consecutive Board Meetings;
g) If he is adjudged bankrupt.
28. DUTIES OF THE BOARD OF TRUSTEES:
I) All the immovable properties bequested to, or
built or purchased by the Jamaat, shall be held and
managed by the Board of Trustees for and on
behalf of the Jamaat.
II) The Board of Trustees may sue and be sued in
the Corporate name.
III) The Board of Trustees shall have no right by
virtue of their office to interfere in the holding of
any of the Jamaat’s meetings, religious and social
ceremonies held in any of the Jamaat’s building or
premises which may be used for such purposes.
IV) The Trustees shall superintend and manage the
immovable properties in accordance with the
express terms mentioned in the wakf or Trust
Deeds or as directed by the Managing Committee.
V) The Board of Trustees shall lease, collect rent,
repair and maintain in good state all the properties
of the Jamaat.
VI) The Board of Trustees shall have no power to
dispose of either by sale, exchange or transfer any
immovable property belonging to the Jamaat
without prior approval of the Managing
VII) The Board of Trustees shall have no power to
erect extend or purchase any immovable property
without prior approval of the Managing
VIII) All incomes such as rent, etc. derived from
such properties shall be collected regularly by the
Board of Trustees and shall be paid to the Hon.
Treasurer of the Jamaat who shall issue receipt
against each amount received.
IX) The Board of Trustees may retain up to a
certain amount determined by the Managing
Committee of all incomes collected for the purpose
of meeting expenses related to the repairs and
maintenance of the Jamaat’s properties including
administr ative and management charges,
government taxes, insurance, etc.
X) The Board of Trustees shall elect from among
themselves a Secretary who shall keep proper
records of all Minutes of the Meetings and all
records of the properties under their trust.
29. MEETINGS OF THE BOARD OF
I) Any four trustees present provided it includes
the presence of an ex-officio Trustee shall form a
quorum for a meeting of the Board of Trustees.
II) The President or the Vice President of the
Jamaat shall be the Chairman of the Board of
Trustees and he shall preside over all its meetings.
In his absence the Hon. Treasurer of the Jamaat
shall be presiding Chairman of all meetings of the
Board of Trustees.
30. SEAL OF THE BOARD OF TRUSTEES:
I) The Seal of the Board of Trustees shall be “The
Registered Trustees of the Khoja Shia Ithna-Asheri
Jamaat – Dar es Salaam”.
II) The Seal shall always be kept in safe custody of
the Hon. Treasurer.
III) The Seal shall be affixed in the presence of
the Chairman of the Board of Trustees and any
other two Trustees.
31. INFORMATION AND STATEMENTS:
I) The President or his appointee shall have the
power to make public statements and to furnish
information on behalf of the Jamaat.
II) The Hon. General Secretary or his appointee
shall make announcement concerning all religious
and social functions.
If any prosecution, action or suit at law be
commenced against any of the members of the
Managing Committee or Board of Trustees for
anything done by him in proper and reasonable
discharge of his duty, such a member shall be
defended and indemnified by and at the cost of the
Jamaat from all damages, costs and expenses which
may be incidental to or result from such
prosecution, action or suit at law.
33. AFFILIATED BODIES:
I) Any Association of Khoja Shia Ithna-Asheries
may apply to the Jamaat through the Managing
Committee for affiliation, provided such
association does not have identical aims and objects
as stipulated herein or as stipulated in the
Constitution of an already existing affiliated body.
II) Every application for affiliation shall be made
in writing and shall be accompanied by the
a) a copy of the applicant’s Constitution, Rules
b) names and full details of its Committee
c) a copy of its last audited accounts; and
d) such further or other information as the
Managing Committee may require.
III) The Managing Committee may accept an
application for affiliation subject to such terms and
conditions as it may deem appropriate and upon its
satisfaction such an application shall be referred to
the General Body of the Jamaat for its final
IV) Rejected applicants can only re-apply after 3
V) The affiliated body shall be entitled to such
amenities and privileges as the Managing
Committee may from time to time determine.
VI)If the Managing Committee feels that action of
the affiliated body is detrimental to the welfare or
well being of the Jamaat or such action contravenes
the tenets, doctrines and Sheriah of Shia Ithna-
Asheri Mazhab, it shall be empowered to suspend
the affiliation pending decision of the General
This Constitution can be amended, changed,
repealed, replaced, wholly or in part, and added to
it, Provided that:
a) Notice of such a meeting must be given to all
registered members of the Jamaat at least 21 days
in advance of the meeting. Such a notice shall be
deemed to have been properly given if displayed
on the Jamaat Notice Board.
b) The section of the Constitution that is to be
amended, changed, repealed, or replaced must be
quoted in such a notice.
c) The quorum, in order to conduct such a meeting
shall be at least 50% of the registered members of
the Jamaat. At this meeting if a quorum is not
present within 15 minutes of the time appointed,
the meeting shall stand adjourned to a time and
place to be appointed by the Chairman.
d) A re-convened meeting referred to in above (c)
above shall have a quorum of at least 10% of the
registered members of the Jamaat or 120 such
members whichever is less. .
e) For the motion to be carried through, it must
have the support of at least 50% of the registered
members of the Jamaat. However, in the event of
number of members present at the meeting being
less than 50% of the registered members, voting by
proxy will be allowed at a meeting to be held a
week after the meeting referred to in (a) to (d).
No member as individual, Institution, Association,
Firm or Company shall use as its designation the
word “lthna-AsheriJamaat” or similar terminology
if it gives implication that it has something to do
with the Jamaat, without prior written consent of
the Managing Committee.
. . . . . . . . .
This constitution shall become operational
immediately after the term of the Managing
Committee of1988 -1989 comes to an end and
immediately before the election of the subsequent