IDE WAQF LEGAL BASE
ARTICLES OF FOUNDATION
THE OFFICIAL ARTICLES OF FOUNDATION OF THE INTERNATIONAL WAQF OF ISLAMIC THOUGHT
PROLOGUE:
The waqf was established by the people whose names are written at the end of this Articles of Foundation under the provisions of the Turkish Civil Code.
NAME OF THE FOUNDATION:
Article 1 - The name of the foundation is INTERNATIONAL WAQF OF ISLAMIC THOUGHT, which is going to be referred to as the “Waqf” from then onwards.
HEADQUARTERS OF THE FOUNDATION:
Article 2 - The headquarters of the waqf is in the province of Ankara, the county of Yenimahalle, in the address of Şenyuva Mah. Mucize Cad. No:9 Beştepe-ANKARA. In-city address change is possible with the resolution of the Board of Directors. Branches, representative offices and liaison offices may be opened at home or abroad with the resolution of the Board of Directors within the framework of the relevant legislation.
PURPOSE OF THE FOUNDATION:
Article 3 - Based on the main sources of Islam; to produce knowledge, ideas and values for Islamic societies and humanity by using interdisciplinary and scientific methods from a perspective that deals with people, society and the universe as a whole; to establish a network of mutual relationships by closely following the scientific studies in the world, especially usul and maqasid, in line with this knowledge and thought, to share knowledge and thought heritage produced in Turkey with the relevant public opinion and scientific centers, especially in the Islamic world; to find solutions to problems on common ground with competent people in the Islamic world, to contribute to the scientific studies of young talents, to organize scientific meetings, to conduct research, to publish them and to cooperate with institutions and organizations working for these purposes.
ACTIVITIES OF THE FOUNDATION:
Article 4 - The activities of the waqf and the works and transactions to realize the purpose of the waqf;
a) To establish and operate universities, schools, academies, institutes, cultural centers, educational centers, social facilities and course-like educational institutions and facilities at all levels at home and abroad in order to fulfill its purposes and to support them in cooperation with the already established institutions and organizations.
b) To print, publish, and distribute reference books, translated, copyrighted, printed, audio, video, and digital editions and periodical publications of the works on Islamic thought, Islamic sciences, Islamic culture and civilization, Islamic arts in Turkish and other languages,
c) To organize educational and cultural studies such as conferences, seminars, open forums, congresses, symposiums and panels at home and abroad on Islamic Thought, Islamic Sciences, Islamic culture and civilization, Islamic arts, and to participate in scientific meetings on these fields.
d) To organize academic course programs and competitions at undergraduate and graduate levels, and to give certificates and awards to those who succeed in courses and competitions.
e) To have people who have expertise in their fields make researches, surveys, public opinion polls, copyright works and translations in all kinds of scientific, cultural, social and economic fields, to support such studies, and to publish the results of these studies in audio, video, printed and digital publications.
f) To open specialization courses in order to educate talented and successful students who aspire to become scholars and intellectuals, to provide all kinds of material and moral support by allocating non-refundable scholarships to the people it deems necessary, to open and operate facilities such as a guest house, club, student dormitory, etc. for these purposes,
g) To carry out all kinds of periodical and non-periodical publication activities in line with its purposes, to prepare programs for broadcasting organizations such as radio and TV or opinions columns and special pages on media organs, to carry out all kinds of activities on the internet.
h) To provide all kinds of information, documents and publications, to create library and documentation center necessary for the fulfillment of the purposes; to publish books, magazines, newspapers, bulletins and brochures in order to announce these works and researches.
i) To provide a healthy working environment for achieving the purposes, and to provide all kinds of technical tools and equipment, inventories and office supplies.
j) To collect cash and in-kind aid and to organize campaigns at home and abroad provided that necessary permissions are obtained, to allocate cash and in-kind aid for the services in compliance with the purposes of the waqf, to accept all kinds of cash and in-kind, or conditional and unconditional donations.
k) To accept zakat and fitrah, to hand out these to religiously suitable people or places, to arrange organizations for this purpose.
COOPERATION AND STAKEHOLDERS:
a) In order to carry out the above-mentioned activities; to cooperate and organize with public institutions and organizations, non-governmental organizations, universities, real people and legal entities at home and abroad, to carry out joint projects, to create related platforms, and to provide cash and in-kind aid for the works in these fields, provided that they are not against the law numbered 5072,
b) If necessary, to become a member of foundations, associations or organizations abroad by obtaining permission from the relevant authorities, to open branches, representative offices and liaison offices at home and abroad in order to cooperate with them and operate in international activities,
c) To carry out joint programs, projects and activities with universities, institutes, schools, research and development (R&D) units at home and abroad in order to obtain data on Islamic sciences and to shape its studies accordingly, to cooperate with them and similar educational and research institutions and organizations and provide financial support to them when necessary.
PERMISSABLE ACTIVITIES AND AUTHORITIES FOR FOUNDATION TO FULFILL ITS PURPOSES:
Article 5 - As per Article 48 of the Turkish Civil Law, the waqf is authorized and allowed to possess movable and immovable properties through donation, testament, purchasing and leasing in order to achieve its purposes, to sell, transfer and assign its assets, to receive and spend their income under the provisions of the law on foundations, to use one or more immovable property or income that are included in its assets for the investment once or more than once times, to buy and sell the movable and immovable property and cash acquired through donations, testament, purchases and other means provided that it does not contradict with the purposes and services of the waqf, and to evaluate and sell them in line with the purpose of the waqf, to accept and use non-property real rights such as easement, usufruct, habitation, superior, pledge, mortgage of immovable property, to obtain all kinds of guarantees, including pledges and mortgages of movable and immovable property, for contracts to be established with current incomes or future incomes, to accept valid bank guarantees, to borrow when necessary to realize the purposes and service of the waqf, to give guarantee, pledge, mortgage and other assurances, to earn income from projects and all kinds of works carried out and to be carried out in accordance with the purposes and services of the waqf, and to establish economic, commercial, and industrial enterprises and companies that shall work according to the usual business principles in order to generate income for the waqf, and to participate in these, to operate them directly or to have people operate them under their control, to make useful and necessary initiatives, savings, acquisitions, construction and similar contracts for the realization of one or all of the purposes and services of the waqf.
ESTABLISHMENT ASSETS OF THE FOUNDATION:
Article 6 - The establishment assets of the waqf is 100,000 ₺ assigned to the waqf by the founders. The establishment assets may be increased with additions to the assets following the establishment of the waqf.
ORGANS OF THE FOUNDATION:
Article 7 - The organs of the waqf are written below:
a) Board of Trustees
b) Board of Directors
c) Board of Supervisors
BOARD OF TRUSTEES:
Article 8 - The Board of Trustees consists of the founders whose names and surnames are written at the end of this Articles of Foundation, and those who were appointed as members of the Board of Trustees with the resolution of the Board of Trustees.
In case the membership of the Board of Trustees is vacant because of death, resignation or any other reason, an election for the vacant membership shall be made by the proposal of the Board of Directors or at least five members of the Board of Trustees, and with the resolution of the Board of Trustees.
The membership of the member of the Board of Trustees, who did not attend three consecutive meetings of the Board of Trustees in a row without any excuse or who act against the purpose of the waqf, terminates upon the decision of two-thirds (2/3) majority of the members attending the meeting of the Board of Trustees, upon the request of the Board of Directors.
AUTHORITIES AND DUTIES OF THE BOARD OF TRUSTEES:
Article 9 – The Board of Trustees is the highest decision-making body. The authorities of the Board of Trustees are written below:
a) To elect the Board of Directors,
b) To elect the Board of Supervisors,
c) To discuss and review the activity report prepared by the Board of Directors and the reports of the Board of Supervisors, and to decide on the discharge of the Board of Directors,
d) To accept draft internal legislation to be prepared by the Board of Directors as is or by making changes,
e) To accept annual budget drafts to be prepared by the Board of Directors as is or by making changes,
f) To decide whether the members of the Board of Directors and the Board of Supervisors other than public officials shall be granted attendance fees, and to determine the amount if it shall be granted,
g) To make amendments or additions to the articles of foundation when necessary,
h) To determine general policies related to the activities of the waqf,
i) To decide on those offered memberships of the Board of Trustees, instead of those leave the Board of Trustees, and to decide the termination of the membership of those who do not meet the qualifications for the membership of the Board of Trustees.
DECISION QUORUM AND MEETING QUORUM FOR THE BOARD OF TRUSTEES:
Article 10 - The first meeting of the Board of Trustees is held within three (3) months following the registration of the waqf.
The ordinary meeting of the Board of Trustees is held every year, in the first six (6) months, upon the call of the Board of Directors.
The Board of Trustees may also convene extraordinarily when deemed necessary by the Board of Directors or upon the written request of at least one third of the members of the Board of Trustees from the Board of Directors. The items not listed in the announced agenda shall be discussed neither in ordinary nor extraordinary meetings. However, it is possible to add items to the agenda, except for the issues that will impose obligations and responsibilities to the waqf and its organs, with the written proposal of at least one tenth of those attending the meeting, immediately after the council is established at the ordinary meeting. The date, venue, time and agenda of the meeting shall be notified to the members by registered letter at least seven (7) days before the meeting date or the members may be notified in return for signature.
The Board of Trustees convenes with one more than half of the total number of members. If the majority cannot be achieved, the meeting is held a week later, at the same venue, on the same day and time. In this second meeting, the quorum of meeting shall not be less than one third (1/3) of the total number of members.
The quorum of decision for the Board of Trustees is the majority of those attending the meeting. In case of an equality of the votes, the vote of the Chairman of the council shall be counted as two. The voting method shall separately be determined by resolution. Each member has a right to one vote. A member who cannot attend the meeting may appoint another member from the Board of Trustees as a substitute. A person may not act as a substitute for more than one person.
The quorum of meeting for changes, amendments or additions to the articles of foundation is three quarters (3/4) of the total number of members. The quorum of decision is two thirds (2/3) of the total number of members.
BOARD OF DIRECTORS:
Article 11 - The Board of Directors consists of seven (7) permanent and three (3) substitute members to be elected by the Board of Trustees for three (3) years, either internally or externally. At the first meeting of the Board of Directors, the Chairman, Vice Chairman and Treasurer member are elected, and their duties are distributed.
The majority of the members of the Board of Directors are compulsorily to be members of the Board of Trustees. It is possible to elect from outside the waqf, provided that they do not constitute a majority. One of the substitute members is invited instead of the member whose membership of the Board of Directors has ended for any reason before the term of office expires. The Board of Directors convenes at least once a month. The members of the Board of Directors who do not attend five (5) consecutive meetings without a valid excuse shall be deemed to have been dismissed from this position.
The quorum of meeting is four (4) and the resolutions are made by the majority of the attending members. In case of an equality of votes, the vote of the Chairman shall be counted as two. The resolutions are written in the notarial decision book and signed.
AUTHORITIES, DUTIES AND RESPONSIBILITIES OF THE BOARD OF DIRECTORS:
Article 12 - The Board of Directors is the administrative and executive board of the waqf. With this title, Board of Directors:
a) Makes and applies any resolution in line with the purpose of the waqf.
b) Ensures that operations the waqf are carried out regularly and efficiently in light of the general policies set by the Board of Trustees. In this context, it prepares necessary drafts for internal legislation and submits them for the approval of the Board of Trustees.
c) Conducts required studies to evaluate the waqf’s property and assists the waqf to find new financial sources.
d) Takes necessary initiatives and actions with all the real people and legal entities in the name and account of the waqf’s legal entity in connection with legal, financial and various matters.
e) Appoints general managers for the waqf provided that their duties, authorities and responsibilities are clearly set beforehand; it may create auxiliary units for the waqf, and it may discharge them when necessary.
f) Determines, appoints, and when necessary, discharges the personnel to be recruited in the waqf, and sets their wages.
g) Decides on opening and closing of branches, representation offices and liaison offices at home and abroad within the framework of the respective legislation, and conducts necessary transactions required to that end.
h) Monitors and controls the accounting works of the waqf, ensures that profit and loss account statement and balance sheets are prepared, sent to the relevant administration and announced at the end of the fiscal period.
i) Implements annual budget accepted by the Board of Trustees.
j) Carries out preparatory works for the meeting of the Board of Trustees.
k) Submits periodic activity report for release in the meeting of the Board of Trustees.
l) Fulfills other duties as required by the relevant legislation, the articles of foundation and the internal legislation.
REPRESENTATION OF THE FOUNDATION:
Article 13 - The waqf is represented by the Board of Directors. The Board of Directors may transfer this representation authority to the Chairman or Vice Chairman of the Board. The Board of Directors may authorize, one or several of its members, one or several of its authorized officers, and its representatives or representative offices to sign contracts, to issue and transfer contracts, legal documents or deeds in the name and account of the waqf, in general or certain situations and issues, under the procedures defined by the Board of Directors.
BOARD OF SUPERVISORS:
Article 14 – The Board of Supervisors is a body established to supervise the activities and accounts of the waqf on behalf of the Board of Trustees. The Board of Supervisors consists of three (3) members to be elected by the Board of Trustees for three (3) years, internally, or either externally provided that they do not constitute a majority. Also, two (2) substitute members are elected. A substitute member is called for duty instead of a permanent member who leaves for any reason.
The Board of Supervisors makes its examinations on all books, records and documents. The report to be prepared as of the fiscal period is submitted to the Board of Directors to be sent to the members of the Board of Trustees at least fifteen (15) days before the meeting of the Board of Trustees.
ATTENDANCE FEE:
Article 15 - The Board of Trustees determines whether the members of the Board of Directors and the Board of Supervisors other than public officials shall be granted the attendance fee or remuneration, and determines the amount if it shall be granted.
HIGHER ADVISORY COMMITTEE:
Article 16 - Higher Advisory Committee consists of people who have worked in the field of Islamic sciences, who are specialized and known for their good morals and behavior. The Board of Directors shall propose a name for the establishment of the Higher Advisory Committee. Also, the Board of Trustees accepts qualified persons for Higher Advisory Committee membership on its motion. It approves the membership of candidates proposed by the Board of Directors. The members of the Higher Advisory Committee may attend the meeting of the Board of Trustees, they may present opinions, but shall not vote.
The Board of Directors, if deems necessary, may invite members of the Higher Advisory Committee to conduct scientific or collective consultations, and makes necessary expenses and costs.
GENERAL DIRECTOR:
Article 17 - The General Director is appointed by the Board of Directors externally or among the members of the Board of Trustees. The General Director conducts the activities of the waqf based on the strategic plan and budget. It implements the resolutions taken by the Board of Trustees and the Board of Directors, and it carries out other works assigned by the Board of Trustees and the Board of Directors. The Board of Directors may appoint sufficient numbers of unit managers and other personnel.
INCOMES OF THE FOUNDATION:
Article 18 – The incomes of the waqf are written below.
a) Any kind of conditional or unconditional donations and aids in line with the purpose of the waqf.
b) Miscellaneous incomes from the operations of the waqf.
c) Incomes from economic enterprises, subsidiaries and partnerships.
d) Incomes from the utilization of movable and immovable properties and other assets and rights of the waqf.
ALLOCATION AND EXPENDITURES OF THE INCOMES OF THE FOUNDATION:
Article 19 - At least two thirds (2/3) of the waqf’s gross annual income shall be allocated and spend for the purposes of the waqf, and the remainder shall be allocated and spent for the management and maintenance expenses, reserves and for investments to increase waqf’s assets.
AMENDMENT OF THE ARTICLES OF FOUNDATION:
Article 20 – The amendments to be made in the articles of foundation shall be made with the written proposal of at least one fifth (1/5) of the Board of Directors or Board of Trustees, and with the approval of at least two thirds (2/3) of the total number of members of the Board of Trustees, and by the decision of the court.
TERMINATION OF THE FOUNDATION:
Article 21 - In case the waqf is terminated for any reason, the goods and rights remaining from the liquidation of debts are determined by the Board of Trustees at the moment of the termination. These goods and rights are transferred to the same or near-purpose waqf after receiving the opinion of the Directorate General of Foundations.
The termination of the waqf is only possible with the written proposal of at least one more than half of the total members of the Board of Trustees and with the approval of the two-thirds (2/3) of the total members of the Board of Trustees, and by the decision of the court.
TEMPORARY PROVISIONS:
Temporary Article 1 - The first temporary Board of Directors of the waqf consists of members whose names are written below.
1. Mehmet GÖRMEZ
2. Mehmet Fevzi MUTLU
3. Mehmet Akif ERSİN
4. Mustafa SARIBIYIK
5. İsmail PALAKOĞLU
The temporary Board of Directors is obliged to call the Board of Trustees to meet within three (3) months at the latest as of the registration date of the waqf. And within this period, they are vested with the duties and authorities specified in this article of foundation.
Temporary Article 2 - Mehmet Akif ERSİN and Mehmet Fevzi MUTLU have been individually or jointly authorized to perform all necessary procedures for the registration of the waqf.
Temporary Article 3 - The names and addresses of the members of the founding Board of Trustees are written below.
1. Mehmet GÖRMEZ
2. Mehmet Fevzi MUTLU
3. Mehmet Akif ERSİN
4. Mustafa SARIBIYIK
5. İsmail PALAKOĞLU
6. Muttalip ÜNLÜER