Kalmunai Himayathul Islam Movement (Incorporation) Act 1992

This Act may be cited as the Kalmunai Himayathul Short Titie.

Islam Movement (Incorporation) Act, No. 29 of 1992.

From and after the date of commencement of this Act, Incorporation such and so many persons as now are members of the Kal-of tne ai munai Himayathul Islam Movement and whose names are Himayathul specified in the Schedule to this Act (hereinafter referred Islam to,as the “Movement ”) or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as the “Corpora-tion”) with perpetual succession, under the name and style of “The Kalmunai Himayathul Islam Movement” and by that name may sue and be sued in all courts, with full power and authority to have and to use a common seal and to alter the same at its pleasure.

\

Movement.

The main object of this Corporation is to establish a General fully fiedged Arabic College and a fully equipped library of the for the said Arabic College in order to train and produce C°TPeration.

young men of good character and of competent knowledge and ability in the field of “Shariat”. The other objects for which the Corporation is established shall be as follows :-—-

2

Kalmunai Himayathul Islam Movement

Act, No. 29 of 1992

to eliminate poverty from the Muslim community

to promote the educational, cultural, spiritual and social welfare and interests of Muslim in accordance with the Holy Quran, Hadith, Ijmah and Qiyas

to provide employment and technical training to deserving people

to provide financial assistance in accordance with

to establish a ‘Baithul Maal’ by collecting Zakat

to make liasion with and assist other social organisa-tions and institutions, in upholding or giving effect to any of the principles of Jslam and in prohibiting or abolishing practices inconsistent with the principles of Islam

to undertake and perform various other soci! work for the progress and welfare of Muslims

Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do.

perform and execute all such acts, matters and things whai-sover, as are necessary or desirable for the promotion or furtherance of the objects of the Corporation or any one of them including the power to open, operate and close bank accounts, to borrow or raise moneys with or without security.

to receive or collect grants and donations, to invest its funds, to erect any building on any land vested, acquired, or held by it subject to the rules of the Corporation and to engage, employ and dismiss such officers and servants as arc required for the purpose of carrying out the objects «: whe

Corporation.

fd 5.

Management of the affairs of the Corporation.

The affairs of the Corporation shall, subject to tne rules of the Corporation, be administerd by a Board of

The Office-bearers of the Corporation for the purpose of constituting the Board of Management shall mean and include a president, five vice presidents, a general secre-tary, two assistant secretaries, a treasurer anl an assistant treasurer.

The Office-bearers and the other twelve members of the

Board of Management shall be elected at every General

Meeting}.

%.

Rules of the Corporation.

It shall be lawfull for the Corporation, from time to time at any meeting specially called for that purpose and by a majority of votes of not less than two-thirds of the number of members present and voting at such meeting to make rules not inconsistent with the provisions ofthis Act, and any other written law as the Corporation may deem expedient in respect of all or any of the following matters :—

The members of the Corporation shall be subject to the rules of the Corporation.

All debts and liabilities of the Movement existing on the preceding the date of commencement of this Act shall be paid by the Corporation and all debts due to, and subscrip-tions and contributions payable to, the Movement on that day shall be paid to the Corporation for the purposes of this

Act.

The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of such number of members as may be prescribed in the rules of the Corporation who shall sign their names on the instru-ment in token of their presence and such signing shall be independent of the signing of any member as a witness.

Subject to the provisions of this Act, the Corporation shall be capable in law to take and hold any property, movable or immovable, which may be vested in it by virtue of any purchase, grant, gift testamentary disposition or other-movable and immovable.

wise and all such property shall be held by the Corporation for the purpose of this Act and subject to the rules in force for the time being of the Corporation, with full power to mortgage, sell, exchange or otherwise dispose of the same.

Nothing in this Act contained shall prejudice or affect the rights of the Republic of Sri Lanka or of any body politic corporate or of any other persons except such as are mentioned in this Act, and others claiming by, from, or under, them.

In this Act, unless the context otherwise requires—

Shariat means the Islamic Law

;

Hadith means, the Authentic narrations concerning the

Sayings, deeds and those deeds of the companions of the Prophet which had his approval

;

Ijmah means, the unanimous decisions of learned men in

Islam ;

Kalmunai Himayathul Istam Movement 5

Act, No. 29 of 1992

Qiyas means, the decision arrived at taking into con-sideration parallel actions and sayings found in the Quran and Hadith ;

Shirkat means, Joint Venture ;

Kiral means, the advance of financial assistance to persor-s with talents for want of capital and to share the profit or loss from the venture thus commenced ;

Baithul-maal means, the Treasury of the Muslim State where the revenue of the State is kept and managed ;

Sathaga means, Anything given in charity ; and

Zakat means, the form cf tax on a person's wealth, property and on certain items as prescribed in the

Islamic law.

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala shall prevail.

Schedule

[Section 2]

Founder Members of the Corporation

1. Moulavi Fazil S. M. M. Sahib. Gaffoori, (Ceyion).

Nadavi, (Lucknow).

2, Al-Haj M. I. M. Cassim.

3. Al-Haj Moulavi K-L. M. Farook. Gaffoori, (Ceylon).

4. Moulavi M. L. M. Sultan Ibrahim.

5. Moulavi Mustapha Moulana.

6. Moulavi A. L. Ibralebbe, Devoanth (Devbanth, india).

7 Moulavi Hafiz A. L. Ibralebbe, Devbanth (Devbanth.

India).

8. Moulavi S-Yoosuf, Gaffoori, (Ceylon).

9. Janab U. S. Hameed.

10, Janab S. M. Yoosuf.

11. Janab M. M. Jalaldeen.

12. Janak A. L. A. Kareem.

6 13.

Act, No. 29 of 1992

Janab M. I. Lateef.

Janab M. I. Abdul Rauf.

.

Janab K. M. Abdul Cader.

Al-Haj S. Uthumalebbe.

Janab M. I. Hussain.

Dr. A. L. M. Jameel. M.B.B.S. (Ceylon}, M.R.C.O.G.

(U.K).

Janab M. A. M. Hussain, Attorney-at-Law, Retired

District Judge.

. danab M. H. M. Ashraff, Attorney-at-Law.

. Janab S. M. Mohaideen.

- Al-Haj U. Seeni Mohamed.

Moulavi A. S. M. Mubarak.

Al-Haj M, B. M. Samsudeen.

- Janab Al-Haj M. B. M. Sherief.

. Al-Haj U. Ahamedlebbe.

. Al-Haj M. I. Zainulabdeen.

Janab H. M. Izzadeen.

Janab A. L. A. Lateef,

Janab M. A. Abdul Raheem.

Janab A. M. S. Lebbai.

Janab M. I. Sikkander.

Janab A. M. Haniffa.

Janab M. L. Adambawa.

Janab U. L. M. Thameem.

Janab M. 8S. M. Mohaideen.

Janab H. Meera Sahib.