Establishing
the
Imam
Malik College for Sharia and Law[1]
ــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum,
Ruler of Dubai,
After perusal of:
Law No. (3) of 2003 Establishing the Executive Council of
the Emirate of Dubai;
Law No. (27) of 2006 Concerning Management of the
Government of Dubai Human Resources and its amendments;
Law No. (30) of 2006 Establishing the Knowledge and Human
Development Authority in Dubai; and
Law No. (8) of 2010 Concerning the Financial Audit
Department,
Do hereby issue this Law.
This Law will be
cited as “Law No. (10) of 2011 Establishing the Imam Malik College for Sharia
and Law”.
The following
words and expressions, wherever mentioned in this Law, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate:
|
The
Emirate of Dubai. |
|
Executive
Council: |
The
Executive Council of the Emirate of Dubai. |
|
IMC:
|
The
Imam Malik College for Sharia and Law. |
|
Board
of Trustees: |
The
board of trustees of the IMC. |
|
Chancellor:
|
The
executive head of the IMC. |
|
Dean:
|
The
dean of the IMC. |
Pursuant to this
Law, a public corporation named “Imam Malik College for Sharia and Law” is
established. The IMC will have legal personality, financial and administrative
autonomy, and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives.
The head office
of the IMC will be located in the Emirate. The IMC may establish branches and
offices within and outside of the Emirate.
The IMC aims to:
1.
create an effective educational
environment that offers educational opportunities and academic qualifications
in the disciplines of Sharia, Sharia and law, and Islamic economy;
2.
be one of the sources of
science and human thought
and a hub for inference,
dissemination, and renewal
of knowledge and for human resources development;
3.
contribute to development and
progress and serve other sectors at the local, regional, and international
level;
4.
serve the community with a view to instilling
the principles of moderation;
5.
encourage scientific research;
6.
enhance scientific and academic
cooperation with other educational institutions and other
leading institutions in the field of knowledge
development in the UAE; and
7.
teach the principles
of the recognised schools of Islamic jurisprudence in general,
and that of Imam Malik bin Anas in particular.
For the purpose
of achieving its objectives, the IMC will have the duties to:
1.
develop and implement distinguished
educational programmes that contribute to improving the quality of education
and meeting development requirements;
2.
award academic certificates and
degrees in the disciplines of Sharia, Sharia and law, and Islamic economy;
3.
grant academic ranks to faculty
members of the IMC who conduct accredited academic
research;
4.
provide continuing education
programmes in Sharia and law by holding academic courses,
conferences,
and symposia;
5.
conclude scientific and academic
cooperation agreements with leading educational institutions in the fields
of Sharia and law; and
6.
perform any other duties that
achieve the objectives of the IMC.
The organisational
structure of the IMC will be comprised of:
1.
the Board of Trustees;
2.
the Chancellor;
3.
the College Council;
4.
the Dean; and
5. the
Academic Council.
a.
The IMC will be supervised by a
Board of Trustees comprised of a chairman, a vice chairman, and other
members whose number is
not less than five (5) and not more than nine (9). The members will be
appointed pursuant to a resolution of the Chairman of the Executive Council
for a renewable term of three (3) years.
b.
The Board of Trustees will have the
duties and powers to:
1.
develop, and to follow up the
implementation of, the general policy of education and scientific research at
the IMC in line with the Emirate’s needs;
and ensure coordination and integration of
the activities of the IMC;
2.
issue the regulatory,
technical, financial,
and administrative bylaws governing the work
of the IMC;
3.
determine the tuition fees that must
be collected from the students enrolled in various disciplines at the IMC;
4.
approve the annual budget and
financial statements of the IMC;
5.
ratify the scientific and academic
cooperation agreements concluded by the IMC;
6.
appoint the Dean; and
7.
perform any other duties that
achieve the objectives of the IMC.
a.
The Board of Trustees will convene
at the invitation of its
chairman at least four (4) times a year. Meetings of the Board of Trustees will
be valid if attended by the majority
of its members, provided that the chairman or vice chairman is in attendance.
Resolutions of the Board of Trustees will be passed by majority vote of the
attending members;
and in the event of a tie, the chair of the meeting will have a casting vote.
b.
Resolutions of the Board of Trustees
will be recorded in minutes signed by the chair of the meeting and the
attending members.
c.
The Board of Trustees may invite
experienced and specialised persons, as it deems appropriate, to attend its
meetings and assist in considering the matters presented to it.
These persons will not have a vote on
such matters.
A Chancellor will
be appointed to the IMC pursuant to a resolution of the Chairman of the
Executive Council. The Chancellor will have the duties and powers to:
1.
manage the IMC and regulate its
administrative and financial affairs;
2.
supervise the work of the
administrative body of the IMC;
3.
prepare the draft annual
general budget and financial statements of the IMC;
4.
propose the regulatory,
technical, financial, and administrative bylaws
governing the work of the IMC;
5.
execute the agreements concluded by
the IMC;
6.
recommend to the Board of Trustees
the appointment of the Dean;
7.
appoint Employees and other workers;
8.
issue the resolutions required to
ensure workflow efficiency at the IMC in compliance
with the laws, bylaws, and resolutions issued by the Board of Trustees;
9.
prepare an annual report on the
activities and achievements of the IMC in view of the adopted annual goals and
plans, and submit the same to the Board of Trustees at the end of each academic
year; and
10.
perform any other duties assigned to
it by the Board of Trustees.
a. The
College Council of the IMC will comprise the Chancellor, as chairman;
and the Dean, the vice chancellor, the head of the Sharia Department, the head
of the Sharia and Law Department, the head of the General Subjects
Department, the academic advisor of the Chancellor, a faculty member of the
Sharia Department, and a faculty member of the Sharia and Law Department, as
members.
b. The
College Council of the IMC will have the duties and powers to:
1. supervise
the performance by the IMC of its duties;
2. follow
up the implementation of the resolutions of the Board of Trustees and the
cultural agreements
concluded with similar universities and colleges;
3. appoint
faculty members;
4. approve
the draft annual general
budget and financial statements of the IMC, and submit
the same to the Board of Trustees for final approval;
5. award
academic certificates and degrees;
6. issue the annual academic calendar;
7. determine the procedures for holding the IMC
examinations, supervise these examinations,
and appoint examination boards;
8. devise
the plans related to student affairs and services of the IMC;
9. discuss
the periodic reports submitted by the heads
of departments of the IMC; and
10. perform
any other duties assigned to it by the Board of Trustees or the Chancellor.
a. The
College Council will convene at the invitation of its chairman at least once
every month. Meetings of the College Council will be valid if attended by the
majority of its members, provided that its chairman or
vice chairman is in attendance. Resolutions and recommendations of the College
Council will be passed by majority vote of the attending members;
and in the event of a tie, the chair of the meeting will have a casting vote.
b. Resolutions
of the College Council will be recorded in minutes signed by the chair of the
meeting and the attending
members.
c. The
College Council may invite experienced and specialised persons, as it deems
appropriate, to attend its meetings and assist in considering the matters
presented to it. These persons will not have a vote on
such matters.
The Dean will
have the duties and powers to:
1.
manage and regulate the educational
and academic affairs of the IMC pursuant to the relevant laws, bylaws, and
resolutions in force;
2.
supervise scientific research in the
IMC;
3.
supervise the
faculty members of the IMC; and
4.
issue the resolutions required to
ensure the
proper conduct of academic activities at the IMC in compliance with the
laws, bylaws, and resolutions issued by the Board of
Trustees.
a. The
academic affairs of the IMC will be supervised by an Academic Council comprised
of the Dean, as chairman;
and the head of the Sharia Department, the head of the Sharia and Law
Department, the head of the General Subjects
Department, and three (3) faculty members nominated by the Chancellor, as
members.
b. The
Academic Council will have the duties and powers to:
1.
propose the curricula and academic programmes
and courses of the IMC, and submit the same to the College Council for
approval;
2.
propose the rules for admission of
students and assessment of their academic performance, and the disciplinary
procedures applicable to students; and submit the same to the College Council
for approval;
3.
recommend the appointment and
termination of service of faculty members and heads of departments, in
accordance with the relevant bylaws adopted by the Board of Trustees;
4.
assess the performance, academic
activities, and scientific research of faculty members;
and make the appropriate decisions regarding the same; and
5.
recommend to the Board of Trustees
the introduction,
merger, or cancellation of academic programmes
and disciplines.
a. The
Academic Council will convene at the invitation of its chairman at least once
every month. Meetings of the Academic Council will be valid if attended by the
majority of its members, provided that its chairman is in
attendance. Resolutions and recommendations of the Academic Council will be
passed by majority vote of the attending members;
and in the event of a tie, the chairman of the Academic Council will have a
casting vote.
b. Resolutions
of the Academic Council will be recorded in minutes signed by the chairman of
the Academic Council and the attending
members. The Academic Council may invite experienced and specialised persons,
as it deems appropriate, to attend its meetings and assist in considering the
matters presented to it. These persons will not have a vote on
such matters.
The financial
resources of the IMC will comprise:
1.
the financial
appropriations allocated to the IMC in the general
budget of the Emirate;
2.
tuition fees;
3.
proceeds from
the projects, services, and various activities undertaken by
the IMC; and
4.
donations, bequests, aid,
endowments, and other revenues accepted by
the Board of Trustees.
a. In
managing its accounts and records, the IMC will apply the rules and principles
of commercial accounting in accordance with recognised international standards.
b. The
financial year of the IMC will commence on 1 January and will end on 31
December of each year, except that the first financial year will commence on
the date on which this Law comes into force and will end on 31 December of the
following year.
The accounts of the IMC will be subject to audit
and review by the Financial Audit Department.
Law No. (27) of
2006 Concerning Management of the Government of Dubai Human Resources and its amendments
applies to the Employees of the IMC.
Any provision in
any other legislation will be repealed to the extent that it contradicts the
provisions of this Law.
This Law will be
published in the Official Gazette and will come into force on the day on which
it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 7 June 2011
Corresponding to 5 Rajab 1432 A.H.
©2021 The Supreme Legislation
Committee in the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.