Welcome, RTP Muslim Community

Did the Jamaat Lose Its Voice?

A Factual Look at JIAR’s By-Law Changes Between 2009 & 2018

السلام عليكم ورحمة الله وبركاته
Dear Brothers and Sisters of the JIAR Community,

Though the 2018 By-Laws were not approved by the 2/3 majority vote of the General Body(Jamaat), but for the strength, unity, and future of this community, it is important that we understand how authority within JIAR has evolved over time—specifically, how there has been an attempt to change the role and power of the Board of Trustees(BOT) between the 2009 and 2018 By-Laws.

This message is not about personalities. It is about governance, accountability, and the rights of the Jamaat.

Below is a clear, factual, side-by-side comparison so every member can see exactly what changed.

1️⃣ Term of Trustees

Before (2009 By-Laws)

• Trustees served a fixed 10-year term
• Trustees were selected by the elected Board of Directors
• Continuity existed, but no permanent positions

After (2018 By-Laws)

• Trustees serve Lifetime and perpetual terms
• Once formed, the BOT becomes self-sustaining and autonomous
• No mechanism for regular renewal or reset

Summary:
➡️ Trustees shifted from time-limited servants of the Jamaat to permanent holders of authority, with no term limits.

2️⃣ Who Can Remove a Trustee

Before (2009 By-Laws)

• Unanimous decision of remaining trustees, OR
• 2/3 vote of the General Body (Jamaat)

After (2018 By-Laws)

• Only the Board of Trustees themselves can remove a trustee
• Removal requires a 2/3 vote of the BOT
• No role for Jamaat or Board of Directors

Summary:
➡️ The Jamaat lost its power to remove trustees entirely.
➡️ Trustees now answer only to themselves

3️⃣ Dissolution of the Board of Trustees

Before (2009 By-Laws)

• Required ¾ approval of Board of Directors

After (2018 By-Laws)

• No dissolution mechanism
• Defined as perpetual and autonomous

Summary:
➡️ A permanent body with no dissolution path was created—regardless of community confidence.

4️⃣ Authority Over the Jamaat

Before (2009)

• Ensured compliance with bylaws
• Acted as arbiters during conflicts
• Explicitly barred from day-to-day involvement

After (2018)

• Ultimate authority
• Not required to report to the General Body
• Decisions final and binding
• Can amend bylaws and overrule Jamaat

Summary:
➡️ Shift from checks & balances to absolute authority

5️⃣ Control Over the Elected Board

Before (2009)

• No authority to remove the elected Board
• Governance flowed from the Jamaat → Directors → Committees

After (2018)

• Conduct confidence votes against Board members
• Expel board members
• Force new elections
• Overrule both the Board and General Assembly

Summary:
➡️ An unelected body gained power to remove elected leadership

6️⃣ Operational Boundaries

Before (2009)

• Could not interfere in daily operations
• Served strictly as oversight and conflict resolution

After (2018)

• Intervene during “emergencies” or “conflicts” or any situation they deem threatening
• Terms undefined and subjective

Summary:
➡️ Open-ended authority to intervene at will

📜 Historic Background of the Amendment

Certain donors offering substantial funding in millions for the Fayetteville Masjid rebuilding project conditioned their support on specific individuals serving as trustees and on increasing the number of trustees. Conflicts between board factions and donor preferences created pressure on the newly elected JIAR Board to approve the amendment within the first few months to secure funding.

During this process, the Board of directors under severe pressure on meeting donor requirements, did not fully evaluate the long-term governance implications of the amendment, nor was it reviewed by a professional nonprofit attorney. The primary concern was ensuring that the funding for the Masjid rebuilding project would not be jeopardized.

📜 Legal & Statutory Context (NC Nonprofit Law)

• NC law emphasizes member rights and fiduciary accountability
• Perpetual, self-selecting bodies raise serious governance concerns
• Bylaws cannot override statutory duties of loyalty, care, and obedience

Why This Matters

Islamic institutions thrive on Shura, accountability, and trust.

Understanding these changes is the first step toward restoring balance and unity.

May Allah guide us to justice and protect our Jamaat.

والسلام عليكم ورحمة الله وبركاته

-- Concerned Members of JIAR