Administrative Resolution No. (85) of 2022
Regulating the
Patronage of Mosques
by Persons in the Emirate of Dubai[1]
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The Director General of the Islamic Affairs and Charitable
Activities Department,
After perusal of:
Federal Law No. (4) of 2018 Concerning
the Regulation and Patronage of Mosques;
Law No. (2) of 2011 Concerning the
Islamic Affairs and Charitable Activities Department;
Law No. (9) of 2007 Establishing the
Awqaf and Minors Affairs Foundation;
Decree No. (9) of 2015 Regulating the
Raising of Donations in the Emirate of Dubai;
Executive Council Resolution No. (25) of
2013 Concerning Mosques and Religious Activities in the Emirate of Dubai;
Executive Council Resolution No. (2) of
2020 Approving the Organisational Structure of the Islamic Affairs and
Charitable Activities Department;
Administrative Resolution No. (9) of 2020
Approving
the Rules and
Requirements for Licensing Religious Activities in the Emirate of Dubai; and
Administrative Resolution No. (83) of
2020 Prescribing the Rules and Requirements for Construction, Alteration, and
Maintenance of Mosques in the Emirate of Dubai and its amendments,
Does hereby issue
this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of
Dubai. |
|
IACAD: |
The Islamic
Affairs and Charitable Activities Department. |
|
Director General: |
The director
general of the IACAD. |
|
Mosque: |
A place designated
for prayers. The courtyards,
entrances, appurtenances, and other facilities of Mosques will be treated as Mosques. |
|
Person: |
A natural or legal
person. |
|
Patronage Document: |
A permit issued by the IACAD authorising a
Person to undertake the patronage and supervision of a Mosque in
accordance with the requirements and procedures stipulated in this
Resolution. |
|
Mosque Patron: |
A Person whose
management and supervision of a Mosque is authorised by the IACAD pursuant to
a Patronage Document. |
This Resolution applies to all Mosques that are existing, or to be established, in the
Emirate
and whose title is registered in the name of the IACAD.
These include Mosques existing, or to be established, in Special Development
Zones and free zones, such as the Dubai International Financial Centre.
This Resolution aims to:
1. regulate the patronage of Mosques by Persons in the Emirate to ensure that Mosques accomplish their mission and that religious rites are performed therein;
2. enable Persons to participate in the supervision, management, and patronage of Mosques; and to bear their operational costs; and
3. encourage community members to perform acts of benevolence and seek Allah's favour.
No Person may manage or supervise a
Mosque in the of the Emirate without first obtaining the authorisation
of the IACAD pursuant to a
Patronage Document. The Patronage Document will be issued in accordance with
the rules and procedures prescribed by this Resolution.
For the purpose of achieving the
objectives of this Resolution, the IACAD will regulate the patronage of Mosques
by Persons in the Emirate. To this end, the IACAD will:
1. develop, and supervise the implementation of, the general policy for the patronage of Mosques by Persons in the Emirate;
2. issue Patronage Documents to Mosque Patrons who meet the conditions and requirements stipulated in this Resolution;
3. monitor and supervise Mosques and their staff, and evaluate their performance;
4. approve the template of the Patronage Document and templates of the employment contracts to be concluded between Mosque Patrons and Mosque staff;
5. create a register of Mosque Patrons and staff, and update their information where necessary; and
6. administer the tests prescribed for candidates to work in Mosques; and issue the approvals required for their appointment.
a. To be authorised as a Mosque Patron, a Person must:
1. be a national of the United Arab Emirates;
2. be a Muslim;
3. have legal capacity;
4. be of good conduct and repute and not have been convicted of any felony or other crime affecting honour or trustworthiness, unless he has been rehabilitated;
5. be solvent and financially capable of undertaking the patronage of the Mosque and paying its operating costs; and
6. not have been issued with a Patronage Document that has later been revoked by the IACAD.
b. The requirements stipulated in paragraph (a) of this Article apply to any applicant who is a legal person, to the extent applicable considering the status of that person.
c. Notwithstanding the provisions of sub-paragraph (a)(1) of this Article, the Director General may approve Mosque Patronage by a Person who is not a national of the United Arab Emirates, provided that the Person meets all the other requirements stipulated in paragraph (a) of this Article and holds a valid residence permit issued in the Emirate.
a. An application for a Patronage Document will be submitted to the IACAD on the form prescribed by it for this purpose, supported by the following documents:
1. a copy of the Emirates Identity Card of the applicant;
2. a copy of the applicant’s passport;
3. a copy of the commercial licence, if the applicant is a legal person; and
4. any other documents as determined by the IACAD to verify that the applicant meets the requirements stipulated in Article (6) of this Resolution.
b. The IACAD will consider the application, and the documents attached thereto, to verify that the applicant meets all the requirements stipulated in this Resolution. The IACAD may request any additional information or documents it deems necessary.
c. The IACAD will issue a decision on the application within thirty (30) days from the date of its submission. The application will be deemed rejected if no decision is issued by the IACAD within this period. Where the application is accepted, the IACAD will issue the Patronage Document.
a. A Patronage Document will be valid for a period of two (2) years, renewable for the same period subject to the same conditions and procedures prescribed for its initial issuance. The application for renewal must be submitted within two (2) months from the date of expiry of the Patronage Document.
b. Where a Mosque Patron fails, without a reason acceptable to the IACAD, to renew his Patronage Document within the period prescribed in paragraph (a) of this Article, the responsibility for supervising the Mosque will revert to the IACAD and the IACAD may re-assign the patronage of the Mosque to any other Person pursuant to this Resolution.
I. Obligations Related to the Staff Performing
Religious Duties at Mosques
A Mosque
Patron must:
1. not appoint or engage any Person to perform a religious duty at the Mosque, on a paid or unpaid full-time or part-time basis, without first obtaining the relevant written approval of the IACAD. To be appointed or engaged to perform that duty at a Mosque, the Person must:
a. be of good conduct and repute;
b. not be less than eighteen (18) years of age;
c. have the academic qualifications and work experience required for performing the religious duty at the Mosque;
d. successfully pass the tests and interviews prescribed by the IACAD;
e. be medically fit; and
f. not have been convicted of any felony or other crime affecting honour or trustworthiness, unless he has been rehabilitated.
2. provide health insurance to the staff of the Mosque and their eligible family members in accordance with the legislation in force in the Emirate;
3. pay the fees for issuing employment visas for the staff of the Mosque. However, the staff must be sponsored by the IACAD;
4. conclude employment contracts with all the staff of the Mosque in accordance with the relevant contract templates approved by the IACAD, and provide the IACAD with copies of the executed contracts;
5. pay the monthly salaries and other financial entitlements of the staff of the Mosque by transferring the same to their bank accounts;
6. obtain the written approval of the IACAD prior to terminating the service of any of the staff of the Mosque; and
7. terminate the employment contract of any of the staff of the Mosque where so requested by the IACAD.
II. Obligations Related to the Religious Activities
and Charitable Activities Conducted at Mosques
A Mosque
Patron must:
1. not raise Donations, allow the raising of Donations, or announce the same at the Mosque, without first obtaining the written approval of the IACAD;
2. not hold any Friday, Eid al-Fitr, Eid al-Adha, lunar eclipse, solar eclipse, or rainfall prayers at the Mosque without first obtaining the written approval of the IACAD;
3. ensure compliance by the staff of the Mosque with the directives and Islamic preaching approach and methodology of the IACAD in respect of lessons, lectures, Religious Activities, unified sermons, prayer rules, call to prayer (adhan), call to commence prayer (iqamah), and Mosque opening and closing times;
4. not conduct any Religious Activity, Quran memorisation classes, or charitable activity at the Mosque without first obtaining the relevant written approval of the IACAD;
5. not establish or open a Bounteous Quran Memorisation Centre, a religious or charity centre, or a library without first obtaining the relevant licence from the IACAD; and
6. comply with the legislation in force in the Emirate in respect of raising Donations, conducting Religious Activities, and circulating Quran Copies and Religious Publications.
III. Obligations Related to the Patronage of
Mosques
A Mosque
Patron must:
1. not change the name of the Mosque without first obtaining the relevant written approval of the IACAD;
2. fully coordinate with the IACAD on all matters related to the structural aspects of the Mosque;
3. provide all the needs of the Mosque and pay the costs of administration, supervision, maintenance, cleaning, upkeep, and security of the same, in accordance with the relevant conditions and specifications adopted by the IACAD;
4. in coordination with the IACAD, provide helpers through the relevant specialised and duly licensed companies to perform cleaning, maintenance, and security services at the Mosque;
5. not close down, cancel, replace, make alterations to, or change the use of, any of the Mosque’s facilities without first obtaining the relevant written approval of the IACAD;
6. appoint a coordinator to liaise with the IACAD, and provide the IACAD with his details and contact information;
7. ensure that prayers are uninterruptedly performed at their prescribed times at the Mosque;
8. not change the use of the Mosque from a daily-prayer Mosque (awqat Mosque) into a congregational Mosque (jam’i Mosque) or vice versa; change its occupancy capacity; or add new services or facilities to, or cancel any existing services or facilities of, the Mosque, without first obtaining the relevant written approval of the IACAD and the relevant licences, permits, and approvals from the competent entities in the Emirate;
9. use any dwelling annexed to the Mosque only as an accommodation for the Mosque staff performing religious duties, and upon prior coordination with the IACAD; and
10. comply with the legislation related to the environment, health, and public safety.
IV. General Obligations
A Mosque
Patron must:
1. comply with Mosque patronage legislation and with the rules and requirements for the construction, alteration, and maintenance of Mosques;
2. comply with the policies and instructions adopted by the Awqaf and Minors Affairs Foundation in respect of the management of the Commercial Establishments annexed to the Mosque, if any;
3. provide the IACAD with the personal details and contact information of the staff of the Mosque;
4. submit an annual report on the status of the Mosque and its staff; and immediately inform the IACAD of any change that may affect the same; and
5. comply with the resolutions, instructions, and directives issued by the IACAD in respect of the patronage of Mosques.
a. The IACAD may revoke a Patronage Document in any of the following cases:
1. where the Mosque Patron so requests;
2. where required in accordance with the exigencies of public interest;
3. where any of the Patronage Document issuance requirements ceases to be met;
4. where the Mosque Patron fails to comply with any of his obligations under this Resolution, or breaches the terms of the Patronage Document; or
5. in case of death, or loss of the legal capacity, of the Mosque Patron.
b. Where a Patronage Document is revoked pursuant to paragraph (a) of this Article, the IACAD will take over, and undertake the supervision of, the Mosque. Alternatively, the IACAD may re-assign the patronage of the Mosque to any other Person in accordance with the provisions of this Resolution.
Any Person may submit to the IACAD a request to
contribute money to any Mosque managed by the IACAD as a financial aid, in the form of Donation, to cover part of the expenses and financial costs of the Mosque patronage and operation. This contribution must be made under a written agreement between the IACAD
and the Donor.
a. All Persons undertaking the patronage of Mosques by the effective date of this Resolution must comply with its provisions within six (6) months from that effective date. The Director General may, where necessary, extend this grace period once for the same period.
b. The IACAD will take over, and assume the supervision of, any Mosque where the Person undertaking the patronage of that Mosque fails to comply with the provisions hereof within the grace period specified in paragraph (a) of this Article.
The Executive Director of the Mosques
Affairs Sector of the IACAD will issue the instructions required for the
implementation of the provisions of this Resolution.
Any provision in any other administrative
resolution is hereby repealed to the extent that it contradicts the provisions
of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Hamad Al Sheikh Ahmed Hamad Al Shaibani
Director General
Islamic Affairs and Charitable Activities Department
Issued in Dubai on 25 March 2022
Corresponding to 22 Shaban 1443 A.H.
©2022 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.