Administrative Resolution No. (245) of 2018

Regulating the Work of

Charitable Associations, Bounteous Quran Memorisation Centres,

and Islamic Foundations in the Emirate of Dubai[1]

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The Director General of the Islamic Affairs and Charitable Activities Department,

After perusal of:

Law No. (2) of 2011 Concerning the Islamic Affairs and Charitable Activities Department;

Decree No. (9) of 2015 Regulating the Raising of Donations in the Emirate of Dubai;

Executive Council Resolution No. (26) of 2013 Concerning Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations in the Emirate of Dubai; and

Executive Council Resolution No. (15) of 2015 Approving the Organisational Structure of the Islamic Affairs and Charitable Activities Department,

Does hereby issue this Resolution.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise:

UAE:

The United Arab Emirates.

Emirate:

The Emirate of Dubai.

Executive Council Resolution:

Executive Council Resolution No. (26) of 2013 Concerning Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations in the Emirate of Dubai.

IACAD:

The Islamic Affairs and Charitable Activities Department.

Director General:

The director general of the IACAD.

Competent Directorate:

Any of the IACAD organisational units responsible for licensing Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations.

Charitable Association:

Any sole proprietorship or group, which is organised for a definite or indefinite term, comprising natural or legal person(s), concerned with religious or charitable affairs, and which conducts its activities in the Emirate, including religious or charitable foundations and associations established or to be established under any legislation.

Bounteous Quran Memorisation Centre:

A place where the rules of reading and reciting, as well as the memorising and teachings, of the Bounteous Quran are taught in the Emirate whether on a permanent or temporary basis.

Islamic Foundation:

Any entity concerned with propagating the Islamic culture and increasing religious awareness in the Emirate, and which conducts its activities in the Emirate either on a permanent or temporary basis.

Charter:

The charter of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation, as the case may be.

Board of Directors:

The board of directors of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation, as the case may be.

Promoter:

Any natural or legal person who wishes to establish a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation.

 

Scope of Application

Article (2)

The provisions of this Resolution will apply to Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations licensed in the Emirate pursuant to the provisions of the Executive Council Resolution.

Activities of Charitable Associations

Article (3)

The activities which a Charitable Association may conduct in the Emirate will be limited to:

1.     conducting charity and humanitarian work;

2.     conducting benevolent and philanthropic work, and boosting humanitarian and charitable relationships;

3.     fostering a sense of social responsibility among UAE Nationals and residents of the Emirate; and contributing to community service and development;

4.     building and supporting mosques and other projects aimed at social development and advancement;

5.     providing support to the sick, the insolvent, the poor, the indigent, and other groups in need; and

6.     conducting any other charitable activity approved by the IACAD.

Activities of Bounteous Quran Memorisation Centres

Article (4)

The activities which a Bounteous Quran Memorisation Centre may conduct in the Emirate will be limited to:

1.     teaching the Bounteous Quran and the recitation and memorisation thereof;

2.     teaching Quranic disciplines, Quran recitation rules, and Quran exegesis, adopting a moderate approach;

3.     instilling good morals into younger generations and teaching them the ethical values revealed in the Bounteous Quran;

4.     correcting the ideas that contradict with the Islamic Sharia principles, customs, and moral principles; and reviving the abandoned teachings of the Prophet Muhammad;

5.     graduating batches of Quran memorisers who act upon the Bounteous Quran and upon the teachings of the Prophet Muhammad;

6.     publishing books and pamphlets on the Bounteous Quran;

7.     organising Bounteous Quran contests;

8.     encouraging learners at the Bounteous Quran Memorisation Centres to participate in local and international Bounteous Quran contests; and

9.     conducting any other activity which is related to the Bounteous Quran and approved by the IACAD.

Activities of Islamic Foundations

Article (5)

The activities which an Islamic Foundation may conduct in the Emirate will be limited to:

1.     teaching Islamic Sharia disciplines and Islamic principles and rules;

2.     teaching the disciplines of the Bounteous Quran and the teachings of the Prophet Mohammad, adopting a moderate approach;

3.     instilling good morals into younger generations and teaching them the ethical values revealed in the Bounteous Quran;

4.     correcting the ideas that contradict with the Islamic Sharia principles, customs, and moral principles; and reviving the abandoned teachings of the Prophet Muhammad;

5.     propagating the Islamic culture and increasing Islamic awareness among members of the community;

6.     serving the call to Islam and propagating it among non-Muslims;

7.     guiding Muslims to serve the religion of Islam and to adhere to its teachings, and educating them on Islamic matters;

8.     publishing books and pamphlets on the Bounteous Quran and the teachings of the Prophet Mohammad;

9.     teaching Islamic jurisprudence and acts of worship in a facile manner;

10.  organising and conducting Islamic sermons, lectures, workshops, courses, and activities;

11.  producing and publishing Islamic audio and visual recordings;

12.  teaching the curricula determined and accredited by the IACAD; and

13.  conducting any other activity approved by the IACAD.

Conducting Activities

Article (6)

a.     No Charitable Association, Bounteous Quran Memorisation Centre, or Islamic Foundation may pursue an objective other than those specified in its Charter, or conduct an activity other than those authorised by the IACAD.

b.    No Charitable Association, Bounteous Quran Memorisation Centre, or Islamic Foundation may publish, produce, or distribute audio, visual, or print material without first obtaining the approval of the IACAD.

Initial Approval

Article (7)

a.     The Competent Directorate will issue the applicant with an initial approval for licensing a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation to enable him to satisfy all requirements for obtaining a Licence from the IACAD.

b.    Prior to obtaining the Licence, the applicant, who has been issued with an initial approval, may not conduct any of the activities stipulated in this Resolution, or amend the information based on which the initial approval has been issued.

Requirements for Completing Licensing Procedures

Article (8)

a.     Upon obtaining the initial approval, an applicant must, in accordance with the requirements and standards prescribed by the Competent Directorate, complete the licensing procedures no later than six (6) months from the date of being granted the initial approval. Where required, the Director General may extend this grace period once for the same period.

b.    An initial approval will be deemed revoked if the applicant fails to satisfy all the License requirements within the grace period specified in paragraph (a) of this Article.

Registration and Licensing

Article (9)

A Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation will be issued with a Licence upon satisfying all the requirements prescribed by the Executive Council Resolution, failing which the Licence application will be rejected.

Charter

Article (10)

a.     Neither a Promoter nor a Board of Directors may amend the Charter of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation without first obtaining the written approval of the IACAD.

b.    The Charter of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation must include the mandatory data specified in the relevant Charter template approved by the IACAD.

Opening Bank Accounts

Article (11)

a.     A Charitable Association may open up to three (3) bank accounts; and a Bounteous Quran Memorisation Centre or an Islamic Foundation may open only one (1) bank account. The IACAD must be provided with the bank account number(s) and the name(s) of the financial institution(s) with which the funds are deposited.

b.    The IACAD may access the accounting records and books of Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations.

Property Ownership

Article (12)

a.     The property of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation will be deemed owned by it. Neither a Promoter nor a Board of Directors will have a claim on this property.

b.    A Promoter or Donor may not revoke the awarding of a grant, charity, or Zakat; or an Endowment allocated to the Charitable Association, Bounteous Quran Memorisation Centre, or Islamic Foundation, upon the final receipt thereof.

Spending of Zakat Funds

Article (13)

A Charitable Association must spend the Zakat funds that it collects through the disbursement channels prescribed by Sharia no later than one (1) year from the date of receipt thereof. The Zakat funds may not be held as savings or invested, nor may it be retained for more than one (1) year.

Transfer of Property

Article (14)

The funds and assets of a Charitable Association, a Bounteous Quran Memorisation Centre, or an Islamic Foundation, in respect of which a voluntary or involuntary dissolution or liquidation resolution is issued, will be transferred to the IACAD for purposes of disbursement through the Sharia-prescribed channels.

Raising Donations

Article (15)

A Charitable Association granted an authorisation to raise Donations must renew this authorisation periodically in accordance with the relevant rules prescribed by the Competent Directorate.

Cooperation and Coordination

Article (16)

Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations may cooperate and coordinate with one another for conducting their activities and achieving their objectives.

Schedule of Violations and Measures

Article (17)

a.    The violations and measures related to Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations will be determined in accordance with the Schedule attached hereto.

b.    The measures set out in the Schedule attached hereto may be taken in any order. The Competent Directorate will have the power to take the measure that is commensurate with the gravity of the committed violation, without prejudice to any applicable civil or criminal liability.

c.     An entity on which a written notice or written warning is served must remedy the relevant violation within one (1) week from the date of serving the written notice or written warning.

d.    In the event of suspension of Licence, the Competent Directorate will determine the period of suspension, which must not be less than one (1) month and not be more than one (1) year.

Implementing this Resolution

Article (18)

Officials in charge of the Competent Directorate must, each within his own powers, prescribe the rules required for implementing the provisions of this Resolution.

Repeals

Article (19)

Any provision in any other administrative resolution will be repealed to the extent that it contradicts this Resolution.

Publication and Commencement

Article (20)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Dr. Hamad Al Sheikh Ahmed Hamad Al Shaibani

Director General of the Islamic Affairs and Charitable Activities Department

Issued in Dubai on 6 June 2018

Corresponding to 21 Ramadan 1439 A.H.


 

Schedule of Violations and Punitive Measures

Related to Charitable Associations, Bounteous Quran Memorisation

Centres, and Islamic Foundations

SN

Violation

First Measure

Second Measure

Third Measure

Fourth Measure

1

Failure to obtain the approval of the IACAD prior to opening a bank account

Written notice

Written warning

Suspension of Licence

Revocation of Licence

2

Failure to provide premises that is appropriate for conducting activities

Written notice

Written warning

Suspension of Licence

Revocation of Licence

3

Failure to deposit all received cash amounts in the bank account(s) prior to expending them on activities

Written notice

Written warning

Suspension of Licence

Revocation of Licence

4

Failure to provide the IACAD with an account statement every three (3) months

Written notice

Written warning

Suspension of Licence

Revocation of Licence

5

Failure to provide the IACAD with the data, records, books, or documents it requests within one (1) week from the date of the request, or within the period prescribed by the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

6

Failure to comply with the objectives specified in the Charter

Written warning

Suspension of Licence

Revocation of Licence

 

7

Failure to comply with the provisions of the Executive Council Resolution or this Resolution

Written notice

Written warning

Suspension of Licence

Revocation of Licence

8

Amending the Charter without first obtaining the written approval of the IACAD

Written warning

Suspension of Licence

Revocation of Licence

 

9

Conducting an unauthorised Activity

Written notice

Written warning

Suspension of Licence

Revocation of Licence

10

Interfering with politics or instigating sectarian, racial, religious, or ethnic conflicts

Revocation of Licence

 

 

 

11

Being convicted by a final court judgement for committing, or engaging in, acts that conflict with public order or morals

Revocation of Licence

 

 

 

12

Participating in any conference, seminar, meeting, or contest within or outside of the UAE without the prior written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

13

Affiliating with, subscribing to, or joining any entity located within or outside of the UAE without the prior written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

14

Spending funds on other than achieving the prescribed objectives

Written notice

Written warning

Suspension of Licence

Revocation of Licence

15

Retention of funds and failure to spend them on the prescribed purposes

Written notice

Written warning

Suspension of Licence

Revocation of Licence

16

Engaging in commercial business or financial speculations

Written notice

Written warning

Suspension of Licence

Revocation of Licence

17

Providing financial support to any entity within or outside of the UAE without first obtaining the written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

18

Failure to respond to the reports, remarks, enquiries, or correspondence of the IACAD within one (1) week from receiving the relevant request, or within the period prescribed by the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

19

Failure to provide the IACAD with a copy of its balance sheet and the financial statements within three (3) months from their approval or from the end of the Financial Year, whichever occurs earlier

Written notice

Written warning

Suspension of Licence

Revocation of Licence

20

Appointing the chairman and members of the Board of Directors, or the manager, personnel, and volunteers without first obtaining the written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

21

Organising seminars, meetings, lectures, and sermons in which persons from within or outside of the UAE participate without first obtaining the written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

22

Failure to enable the employees of the IACAD or its authorised representatives to review and audit its records, documents, and books at any time

Written warning

Suspension of Licence

Revocation of Licence

 

23

Providing false data or documents

Written warning

Suspension of Licence

Revocation of Licence

 

24

Receiving gifts, benefits, aid, bequests, donations, or grants from within the UAE without first obtaining the written approval of the IACAD

Written notice

Written warning

Suspension of Licence

Revocation of Licence

25

Receiving gifts, benefits, aid, bequests, donations, or grants from outside of the UAE without first obtaining the written approval of the IACAD

Written warning

Suspension of Licence

Revocation of Licence

 

26

Failure to obtain the prior written approval of the IACAD on the programmes, projects, and activities conducted within or outside of the UAE

Written notice

Written warning

Suspension of Licence

Revocation of Licence

27

Failure to apply for renewal of a Licence thirty (30) days prior to its expiry date

Written notice

Written warning

Suspension of Licence

Revocation of Licence

28

Establishing branches without first obtaining the written approval of the IACAD

Written Warning

Suspension of Licence

Revocation of Licence

 

29

Raising Donations, allowing the raising of Donations, or announcing the same through means of communication and media, without first obtaining the written approval of the IACAD

Written Warning

Suspension of Licence

Revocation of Licence

 

30

Failure to comply with any procedures or requirements prescribed by the IACAD or failure to remedy any recorded violation

Written Warning

Suspension of Licence

Revocation of Licence

 

31

Failure to comply with any requirements, conditions, or rules prescribed by the IACAD

Written Notice

Written Warning

Suspension of Licence

Revocation of Licence

 

 



2018 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.