Masjid Governance in Islam and the UK Law

بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ 

اسلام میں مسجد کی حکمرانی اور برطانیہ کے قانون کے تحت

The desire or the sincere intention to do good, or just the feeling of doing good may not be enough if you operate outside the confines of the Law.

Introduction

The discourse on masjid management in the UK highlights critical areas for improvement, including accountability, transparency, and community involvement. The U.K. masājid have grappled with issues of sectarianism, ethnic exclusivity, and limited engagement with congregations and local communities. Despite attempts to address these challenges, progress in enhancing masjid governance and community outreach has been slow.

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Many U.K.  masājid exhibit a deficiency in possessing a formal constitution that outlines guidelines for their management, thereby granting substantial autonomy to ethnicity-based management committees, frequently comprised of unelected individuals. This deficiency in structured governance frameworks allows these committees to formulate and modify rules at their discretion, often without seeking broader consultation or involving the congregation in the decision-making process.

Addressing governance issues requires a multifaceted approach prioritizing accountability, accessibility, and inclusivity. The masājid need transparent decision-making processes and mechanisms for accountability to congregants and the broader community. Efforts should focus on enhancing accessibility for all attendees and welcoming diversity in management roles.

Islamic principles strongly emphasize transparency and accountability in the management of a masjid, particularly regarding financial matters. The Quran highlights the importance of honesty and trustworthiness, such as in Surah At-Tawbah (9:18), which stresses that those who maintain masājid must act with sincerity and integrity. 

Masjid management should be seen as a trust (amanah) from Allah, requiring transparency with clear reporting of income and expenditures to build public confidence. Regular announcements, notice boards, and detailed financial statements are recommended practices to ensure transparency. 

It is sad that some masjid management literally hide their masjid's Constitution from their public so that they cannot be held accountable and thus operate without a rule book; others refuse to even establish a Constitution for the same reason. Yet accountability is a certainty and these individuals who act in the belief that they are doing good for the benefit of others are primarily interested in what benefits them, materially or psychologically. 

In conclusion, addressing governance challenges in UK masājid necessitates efforts to promote accountability, transparency, and community involvement. By fostering inclusive environments and engaging with broader societal issues, masājid can contribute to a more cohesive and resilient society.

_{Dr. A. Hussain, May 2023}

FAQs

Q1. What is the most suitable legal structure for a masjid based in UK which is going to be a registered charity?
A1. The most suitable legal structure would likely be a Charitable Incorporated Organisation (CIO). However, the  Charitable Incorporated Organisation (CIO) legal structure was only introduced in 2013 so most masājid established prior to that date have a standard registration with the Charities Commission in which the trustees are legally responsible for controlling the work, management and administration of the charity on behalf of its beneficiaries.
Although the Charitable Incorporated Organisation (CIO) legal structure may be considered to be the most suitable, the most Shariah-compliant legal structure for a masjid in the UK would have to be a Charitable Trust, which aligns with the Islamic legal status of a waqf, with the trustees acting as the mutawallīn. However, even though a Charitable Trust can be registered with the Charities Commission it lacks separate legal entity, so a masjid with significant assets is probably more suited to being registered as a Charitable Incorporated Organisation (CIO). 

Q2. What is a Charitable Incorporated Organisation (CIO) and how does it differ from the traditional Charitable Trust?

A2. Charitable Incorporated Organisation (CIO) is a corporate form of charity, introduced in 2013 specifically for charities, which combines the benefits of incorporation with simplified regulation specifically designed for charities. The CIO operates in a similar manner to an incorporated Charitable Trust.

Q3. Is a Charitable Incorporated Organisation (CIO) Sharīa-compliant?

A3. A Charitable Incorporated Organisation (CIO) can be Sharīa-compliant if the trustees appointed fulfil the Sharīa criteria of a masjid trustee (mutawalli) and it is managed according to Islamic principles. It may be worth considering adding the following clause to the CIO Constitution to ensure trustees appointed for a masjid are according to Sharia:

Eligibility for trusteeship:

In addition to the requirements set out in clauses 9 and 12 of the Constitution as well as sections 178-180 of the Charities Act, every charity trustee of this masjid must:

1. Be a practising Muslim who adheres to the principles of Islamic faith and Shariah law.
2. Demonstrate a sound understanding of Islamic ethics and values.
3. Be known for his good character (adl) and trustworthiness (amanah) within the Muslim community.
4. Not engage in any practices or behaviours that are considered major sins (kaba'ir) in Islam as detailed in Islamic books regarding qualities of masjid trustees.
5. Agree to uphold and implement Shariah principles in all decisions and actions related to the CIO.

Q4. Why is the Charitable Incorporated Organisation (CIO) structure suitable for a UK masjid?

A4. CIO offers:

• Limited liability for trustees
• Simplified regulations
• Legal personality thereby allowing the Masjid to enter into contracts, employ staff, and hold property in its own name unlike a Charitable Trust
• The flexibility of structure and membership to suit the needs of the local masjid community.

• The masjid must decide which CIO model to use. In the Foundation model a small group of individuals (the Trustees) run the masjid and make all the key decisions. The masjid Trustees are not legally required to seek the opinion of the masjid's congregation but they may choose to do so.  The CIO Foundation model works well if the Masjid congregation trusts the honesty, integrity and judgment of the trustees.

   

Q5. Are there other CIO models which allow the masjid congregation to participate in the decision-making process? 

A5. Yes, the association CIO model allows the masjid congregation (members) to participate in the decision-making process. It is a more democratic structure ensuring the trustees are accountable to the community they serve, it also fosters inclusivity and transparency. 

Q6. Which CIO model should a masjid choose for governance, Foundation of Association?

A6. This will depend to a certain extent on the size of the masjid. Larger masājid are probably better off having an Association CIO model. The members in an Association model can effectively function as the al-Majlis al-Shura which in traditional masājid plays a significant role in the management and running of a masjid, serving as a consultative body that helps guide decision-making and ensuring effective administration. The Manchester Central Mosque Majlis-e-Shura, for instance,  consists of 45 members from diverse backgrounds with 9 trustees. The Executive Committee is elected every 2 years. The Majlis-e-Shura serves as a platform for mutual consultation, allowing for diverse perspectives to be considered in decision-making. This approach is rooted in Islamic principles.

In a Foundation CIO model, the trustees have all the power and this model works well if all the trustees are mature, wise, humble and God-fearing, not hungry for power. Unfortunately, many masjid trustees have never been in positions of management, and hence power, in their working lives and this newfound power can be addictive and destructive leading to an authoritarian management with no checks and balances.

Q7. Is a solicitor necessary to register a masjid as a Charitable Incorporated Organisation (CIO)? 

A7. No, like writing a Will in English law, there is no legal requirement to use a solicitor. However, if the setup is complex it may be beneficial to use a solicitor experienced in charity law and Sharīa law to customise the Constitution for the needs of a particular masjid and to ensure compliance with all legal requirements. Using an experienced solicitor will cost between £3,000 and £15,000. 

I have personally set up and registered a Charitable Trust without using a solicitor and no prior experience. It took me several weeks to complete the whole process and fulfil all the legal requirements. I did not find the process very difficult but it was time consuming. 

Q8. Should masājid with a Standard registration consider changing to a Charitable Incorporated Organisation (CIO)? Are there any advantages?

A8. Yes, although this will depend on a masjid's individual circumstances the benefits of a Charitable Incorporated Organisation include limited liability for trustees, simplified administration, and separate legal personality.  Costs involved in converting to a CIO structure need to be taken into account. After registering a new Charitable Incorporated Organisation (CIO) all masjid assets and liabilities will need to be transferred into the new CIO with a new charity number and thereafter, the old charity should be closed.

Q9. How do the responsibilities and liabilities of masjid trustees of a standard registration with the Charity Commission compare with the responsibilities and liabilities of masjid trustees of a CIO registered with the Charity Commission?

A9. Masjid trustees of a standard registration either as a Trust, an Association or an unincorporated charity do not benefit from a separate legal identity. This means the trustees are personally liable for the charity’s debts and actions they take on behalf of the charity. A CIO has its own legal identity, so trustees are generally not personally liable for the charity’s debts unless they act negligently or fraudulently.

Q10. Can the Constitution document for CIO be modified after it has been registered? 

A10. Yes, in a limited capacity. Consider adding clause detailed in answer A3 above.

Q11. How many trustees should there be for a Charitable Incorporated Organisation (CIO)?

A11. The law in England allows for a sole trustee, however, for Charitable Incorporated Organisation (CIO)  there should be a minimum of 3 trustees and the total number should be odd. In Islam there is no recommendation on the number of trustees (mutawallīn) appointed for a masjid waqf.

Q12. What are the legal duties of trustees of a Charitable Incorporated Organisation (CIO)?

A12.  Legal duties of trustees include:

• Trustees must always act in the best interests of the charity
• Ensure Charitable Purposes are met
• Comply with Legal Requirements
• Act with Reasonable Care and Skill
• Declare Conflicts of Interest (failure to do so should have serious consequences)
• Maintain Accurate Records

• Trustees must be accountable to the charity's members, beneficiaries, and regulators

   

Q13. What are the consequences of a CIO trustee breaching his duties? 

A13. Consequences of a CIO trustee breaching his duties include:

• A trustee can be held personally liable for any financial loss incurred by the charity as a result of his breach of duty
• A trustee found to be in breach of his duties may be removed from his position.
• Beneficiaries or other stakeholders may initiate legal action against trustees for breach of trust.
• The Charity Commission has the authority to investigate breaches of duty and may take regulatory action against trustees.
• Courts can impose various penalties on a trustee who breaches his duties

• In cases of severe misconduct, such as fraud or serious mismanagement, trustees may face criminal charges.

   

Q14. How does the Charity Commission typically respond to breaches of trust by CIO trustees?

A14. Possible actions of the Charity Commission to breach of duty by a CIO trustee include:

• The Charity Commission has the authority to issue official warnings to trustees or charities when it identifies a breach of trust, misconduct, or mismanagement.
• The Charity Commission can open a statutory inquiry under section 46 of the Charities Act.

• If trustees fail to comply with an official warning the Charity Commission may include legal action against the trustees.

   

Q15. Can trustees of a CIO be held personally liable?

A15. Yes, trustees of a Charitable Incorporated Organisation (CIO) can be held personally liable under certain circumstances such as breach of duty, negligence, criminal offences and third-party claims.

Q16. Can a masjid in England which is not registered as a charity still collect donations from its congregation?

A16. A masjid based in England or Wales with an annual income of over £5,000 is legally required to register with the Charity Commission. Any masjid soliciting donations without proper registration could become subject to regulatory scrutiny. In serious cases, those involved in running unregistered masājid soliciting donations could face criminal charges related to money laundering. Some masājid encourage donations to their masjid on their website of FB page by providing the masjid's bank account details but fail to disclose their charity number. Such concealment can undermine public confidence. 

Q17. What is the Islāmic stance on those who assume authority (become decision-makers) without being appointed as per the masjid Constitution rules or by the masjid congregation? 

A17. The Prophet Muhammad () warned against seeking leadership or assuming it without proper appointment. He said:
“Do not ask for leadership, for if you are given it as a result of your asking, you will be left to it [without Allah’s help]; but if you are given it without asking for it, you will be helped [by Allah].” (Sahih Bukhari, Sahih Muslim)

Q18. What is the  Islāmic stance on those individuals who do not act according to the masjid's Constitution or ignore it altogether? 

A18. Individuals who fail to act according to the Constitution of their masjid are seen as violating trust and accountability principles. Violation of an agreed-upon Constitution is a breach of trust with practical and spiritual consequences, likely leading to division and discord (fitna). Such individuals lose trust and legitimacy.

Q19. What is the Islāmic stance on those masjid decision-makers who refuse to establish a masjid Constitution? 

A19. Masājid managers have an obligation to act justly and transparently while serving their congregation. Refusing to establish a Constitution—when it is necessary for effective governance—can lead to injustice, division, and mismanagement. Such actions contradict Islamic principles of trust (amānah), consultation (shura), and justice (‘adl).

Q20. How important is it to establish a Shura (consultation) council for the management of a masjid?

A20. Establishing a Shura council for the management of a masjid is highly important and recommended in Islamic tradition. The concept of Shura, or mutual consultation, is deeply rooted in Islamic principles and practices, and it offers several benefits in the management of a masjid.

Having a well-written detailed Constitution (government document) is only the first step. It is crucial that appropriate trustees are chosen who will abide by the Constitution in line with Islamic principles. Being registered means trustees can be held legally accountable. If the trustees or non-trustees of a masjid with a Standard or Charitable Incorporated Organisation registration do not abide by the Constitution it could lead to serious consequences. Some masājid trustees are unaware of the contents of their masjid's Constitution and their Shariah obligations.

Choosing Trustees (Mutawallīn) for a Masjid in the UK

The trustees often determine the smooth running and success of a Charitable Incorporated Organisation (CIO), particularly in the Foundation model structure, so it is crucial to appoint trustees with the right qualities and skills.

1. Ensure all trustees are compliant with local laws (in England Charity Act 2011) with regard to acting as charity trustees. The following are reasons for disqualification of a CIO trustee as per UK law:

• Less than 16 years of age
• Unspent convictions for offences involving dishonesty or deception
• Convictions involving terrorism-related offences
• Convictions involving money laundering or bribery offences
• Convictions involving misconduct in public office, perjury, or perverting the course of justice
• Undischarged bankrupts
• Current Individual Voluntary Arrangements

• Previously disqualified trustees

   

2. Ensure all masjid trustees (mutawallīn) fulfil Sharī‘a requirements. Masjid trustees must be:

• Muslim individuals of sound moral character and integrity. 
• Must have the right of trusteeship with the required qualities. 
• Must have knowledge about Islāmic principles and Sharīa guidelines related to charitable activities and running of a masjid. 
• A masjid trustee (mutawalli) must be “Allah-fearing” and pious person - not a fāsiq i.e. an open sinner who indulges in major sins such as drinking, adultery, dealing in interest, shaving the beard, neglecting salāh, discarding the fardh salāh with jamā’ (congregation), acquiring livelihood by unlawful means, etc. Thus, if any trustee is found to be involved in such actions it will be incumbent (wājib) to dismiss him from office, even though he may be the endower himself. (Durrul Mukhtaar with Shāmi , Vol. 5, Page 385)

• Trustees must act in the best interests of the masjid and its congregation as a whole.

   

3. Those who appoint the mutawallīn (masjid trustees) bear a great responsibility, the Prophet Muhammad () said, “Whosoever appoints someone to a post while more deserving persons are available, he has betrayed Allah, His Nabi () and the Muslims in general.”(Fath-ul-Qadeer). The ulema and knowledgeable people of the masjid bear the most responsibility to ensure that the most qualified and deserving candidates are appointed as masjid trustees although it is the responsibility of the whole local Muslim community.
4. Mutawallīn (Masjid trustees) must be well acquainted with the regulations pertaining to awqaf (endowments and trusts). This includes practical and theoretical knowledge concerning the affairs of managing a waqf.
5. Mutawallīn (Masjid trustee) must not be so busy as to be unavailable to attend to the affairs of the Masjid.
6. It is not permissible to assume the post of mutawalli (masjid trustee) for the sake of honour and self-esteem.
7. Anybody requesting to be a trustee should not be appointed. The Prophet Muhammad () warned said:
   “Do not ask for leadership, for if you are given it as a result of your asking, you will be left to it [without Allah’s help]; but if you are given it without asking for it, you will be helped [by Allah].” (Sahih Bukhari, Sahih Muslim)
8. To ensure masjid trustees comply with UK law and Shariah each trustee should take an oath that to the best of his knowledge, there is no reason why he cannot be appointed as a masjid trustee based on the criteria outlined above in items 1 and 2.
9. For UK masājid it is probably better to appoint trustees who are proficient in the English language as all trustees must abide by the Constitution which is necessarily written in English. 
10. The appointment of trustees should preferably be time-bound e.g. 2-5 years with the option to renew.

_{Dr. A. Hussain, 2024}

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