Statute

Arti­cles of the Asso­ci­a­tion for Ara­bic and Islamic Law
(as amended on 16th Octo­ber 2010)

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Arti­cle 1

Name

The asso­ci­a­tion will be named „Asso­ci­a­tion for Ara­bic and Islamic Law (reg­is­tered soci­ety)“.
It will be included in the reg­is­ter of associations.

Arti­cle 2

Aim of the Association

1.     The aim of the Asso­ci­a­tion is to con­tribute to a mutual under­stand­ing of the legal sys­tems and the legal prac­tice between the Euro­pean and the Islamic coun­tries, specif­i­cally the Ara­bic – Islamic countries.

2.      The Asso­ci­a­tion pur­sues its aims by the following:

Arti­cle 3

Ben­e­fit to the pub­lic, Charity

1. The Asso­ci­a­tion pur­sues exclu­sively and directly ben­e­fi­cial aims in accor­dance with the sec­tion „Tax exemp­tions or reduc­tions“ of the Ger­man fis­cal code.

2. The main inten­tion of the Asso­ci­a­tion is to be a non-profit orga­ni­za­tion. The Association’s funds are not to be used for any other pur­poses than writ­ten down in these arti­cles. It is unlaw­ful for any per­son to have an unpro­por­tional finan­cial gain from the Asso­ci­a­tion or to ben­e­fit from expen­di­tures not com­pat­i­ble with the aims of the Asso­ci­a­tion writ­ten down.

3.   The Asso­ci­a­tion pays its expen­di­tures by using only its member’s fees and dona­tions. It has no com­mer­cial intentions.

The acqui­si­tion of wealth is allowed only to the nec­es­sary extent to ful­fil the aims as stated in these articles.

Arti­cle 4

Place of busi­ness and legal seat

1. The place of busi­ness and legal seat of the Asso­ci­a­tion is Bonn.

2. It is pos­si­ble to change this loca­tion by a res­o­lu­tion from the Association’s member’s gen­eral assembly.

Arti­cle 5

Mem­ber­ship

1. The Association’s mem­bers can be nat­ural per­sons as well as legal entities.

2. The Association’s com­mit­tee decides on the admis­sion of a new mem­ber. The future mem­ber has to apply in writ­ten form. Should the com­mit­tee decide against an admis­sion, the mem­ber of the  gen­eral assem­bly have the power to over­rule the decision.

Arti­cle 6

Mem­ber­ship fee

1. Each mem­ber is obliged to pay the annual mem­ber­ship fee. The amount of this fee is fixed by the member’s gen­eral assem­bly. In spe­cial cases, par­tic­u­larly regard­ing mem­bers whom are still in edu­ca­tion or train­ing, the com­mit­tee can wave the mem­ber from the payment.

2. The mem­ber­ship fees are annual fees and fall due each 1st of January.

3. A mem­ber can be expelled by the res­o­lu­tion of the com­mit­tee in the case he/she doesn’t pay his/her fee which has fallen due despite two reminders being sent to him/her. The first reminder is to be sent one month after the fee was due. The sec­ond reminder has to fol­low three months later by cer­ti­fied mail. This let­ter must men­tion the immi­nent threat of the expul­sion of the mem­ber. The com­mit­tee can decide on the expul­sion of the mem­ber only if two sub­se­quent months have passed and if the mem­ber con­tin­ues his/her refusal to pay his/her debt com­pletely. The men­tioned period of time starts from the time of the receipt of this sec­ond let­ter. The con­cerned mem­ber has to be informed of his/her expulsion.

Arti­cle 7

Loss of Membership

1. The mem­ber­ship is ended by:

2. A with­drawal is only accept­able at the end of a cal­en­dar year. It has to be directed to the com­mit­tee in a writ­ten form and must be given three months in advance.

3. The expul­sion from the Asso­ci­a­tion is only legal for seri­ous rea­sons and only by autho­riza­tion of the com­mit­tee whose deci­sion must be taken in uni­son. Before an expul­sion the con­cerned mem­ber is to be given a hear­ing in ver­bal or writ­ten form. The deci­sion on the expul­sion has to be trans­mit­ted to the mem­ber by cer­ti­fied mail which has to con­tain the rea­sons for the expul­sion. The mem­ber can appeal to the com­mit­tee within a period of one month start­ing from the time of the receipt of this let­ter. The gen­eral assem­bly of the mem­bers has to decide on this appeal. Should the mem­ber refrain from using his/her right to appeal to the com­mit­tee within this period he/she accepts the deci­sion on his/her expulsion.

Arti­cle 8

The Gen­eral assem­bly of the members

1. The gen­eral assem­bly of the mem­bers takes place at least once in each busi­ness year. The assem­bly is con­vened in writ­ten form or by e-mail by the first chair­man or – in case of his inca­pa­bil­ity to look after the inter­ests of the Asso­ci­a­tion – by the sec­ond chair­man. The date of the assem­bly has to be announced at least one month in advance and an agenda of the assem­bly has to be included.

On deci­sion of the com­mit­tee or on demand of one fifth of the mem­bers of the Asso­ci­a­tion a spe­cial assem­bly must convene.

2. All mem­bers and all legal enti­ties have one vote each in the gen­eral assem­bly. The gen­eral assem­bly is able to pass deci­sions when at least ten mem­bers are present. A sec­ond con­vened gen­eral assem­bly hav­ing the same agenda is able to pass deci­sions in all cases.

3. The com­mit­tee is elected by the gen­eral assem­bly. The Board of Trustees can sug­gest can­di­dates. The gen­eral assem­bly receives the report on the activ­i­ties of the Asso­ci­a­tion, checks and approves the annual accounts and releases the committee.

4. The gen­eral assembly’s  deci­sions are made valid by a sim­ple major­ity of the present mem­bers. In the case of a tie an appli­ca­tion is con­sid­ered refused. For elec­tions the absolute major­ity of the given votes is nec­es­sary. Should the result of the elec­tion not gain an absolute major­ity a run-off vote has to take place. To change the arti­cles of the Asso­ci­a­tion a two third major­ity of the votes by the present mem­bers is necessary.

5. Appli­ca­tions on addi­tional points to the agenda are only accept­able if they are pre­sented to the com­mit­tee in a writ­ten form at least two weeks before the assem­bly takes place. The mem­bers have to be informed about the addi­tions to the agenda imme­di­ately. The gen­eral assem­bly decides what will be discussed.

6. Dur­ing a gen­eral assem­bly appli­ca­tions on addi­tional points to the agenda can be made as urgent appli­ca­tions. The accep­tance of these points needs a two third major­ity of the present members.

7. The deci­sions of the gen­eral assem­bly are writ­ten down in  Min­utes which are signed by the first chair­man and another mem­ber of the committee.

Arti­cle 9

The Com­mit­tee

1. The com­mit­tee man­ages the mat­ters of the Asso­ci­a­tion. It con­sists of the first and the sec­ond chair­man and at least three but not more than five other mem­bers who are elected for a period of two years. Their term of office ends two years after tier appoint­ment by the Gen­eral Assem­bly. Should a mem­ber leave the com­mit­tee before his/her term of office ends, the com­mit­tee is enti­tled to appoint another mem­ber to replace the retired one. The appoint­ment of the new com­mit­tee mem­ber requires the con­fir­ma­tion of the next reg­u­lar gen­eral assembly.

2. The com­mit­tee is enti­tled to make – together with the agenda — nom­i­na­tions for the elec­tion of mem­bers of the com­mit­tee by the annual gen­eral assem­bly. Nom­i­na­tions regard­ing another electee have to be directed to the first chair­man two weeks before the gen­eral assem­bly takes place. The first chair­man is obliged to work out a list con­tain­ing all the names of the nom­i­nated per­sons which is to be sub­mit­ted to the gen­eral assem­bly. In case the elec­tion of new com­mit­tee mem­bers is one point of the agenda, it is required to site the reg­u­la­tions about elec­tions in the arti­cles of the Asso­ci­a­tion, in par­tic­u­lar to the recip­i­ents of the con­ven­tion letter.

3. The com­mit­tee takes its deci­sions with a sim­ple major­ity. In the case of a tie the first chair­man makes the deci­sive vote.

4. The com­mit­tee assem­bles upon request of its first chair­man or when two of the other mem­bers of the Asso­ci­a­tion deem to reach its aims.

5. The first and the sec­ond chair­man are the rep­re­sen­ta­tive com­mit­tee mem­bers accord­ing to § 26 of the Ger­man Civil Code. Each of them inde­pen­dently from the other can rep­re­sent the Asso­ci­a­tion. The sec­ond chair­man is using its rep­re­sen­ta­tive power except in the case that the first chair­man is inca­pable to look after the vested inter­ests of the Association.

Arti­cle 10

The Board of Trustees

1. On deci­sion of the gen­eral assem­bly the com­mit­tee can form a Board of Trustees which sup­ports and advises the com­mit­tee with putting the plans of the Asso­ci­a­tion into action. This board shall ensure the Association’s work in accor­dance with its aims.

2. The mem­bers of the Board of Trustees are elected by the com­mit­tee for a period of two years but the first com­pi­la­tion is to be deter­mined by the gen­eral assembly.

3. The Board of Trustees con­sists of four to twelve mem­bers at the maximum.

Arti­cle 11

Audit

The finan­cial year starts on the 1st  of Jan­u­ary and ends on the 31st of Decem­ber. To check the account­ing and the cash an audi­tor and a rep­re­sen­ta­tive are elected by the gen­eral assem­bly. They must not be mem­bers of the com­mit­tee and must report on their work to the gen­eral assembly.

Arti­cle 12

Liq­ui­da­tion of the Association

1. The liq­ui­da­tion of the Asso­ci­a­tion can take place only upon a two third major­ity vote taken by the gen­eral assembly.

2. In the case of liq­ui­da­tion the gen­eral assem­bly appoints one or more per­sons for being liq­uida­tors entrusted with the liq­ui­da­tion of the Asso­ci­a­tion and autho­rized to set­tle debts and assets.

3. In case of liq­ui­da­tion or with­drawal of the ben­e­fi­cial aims the wealth of the Asso­ci­a­tion is passed to the wealth of the Asso­ci­a­tion “Deutsche Mor­gen­ländis­che Gesellschaft” (reg­is­tered soci­ety), Im Neuheimer Feld 330, 69120 Hei­del­berg, Ger­many with the imper­a­tive request that it not be used except for pub­lic util­i­ties, char­i­ta­ble and ben­e­fi­cial aims.

Arti­cle 13

Con­clud­ing Regulation

In the event of a case not being men­tioned in these arti­cles the reg­u­la­tions of the §§ 21 f. of the Ger­man Civil Code are valid.