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]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
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.
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. |
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Charitable Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations may cooperate and coordinate with one another for conducting their activities and achieving their objectives.
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.
Officials in charge of the Competent
Directorate must, each within his own powers, prescribe the rules required for
implementing the provisions of this Resolution.
Any provision in any other administrative
resolution will be repealed to the extent that it contradicts this Resolution.
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.
|
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.