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Emirate Decree · Dubai

Decree No. (24) of 2023

Establishing the Sheikh Rashid bin Saeed Islamic Institute

Issued 14 June 2023 · In Force

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (2) of 2011 Concerning the Islamic Affairs and Charitable Activities Department;

Law No. (8) of 2015 Concerning the Community Development Authority in Dubai;

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;

Law No. (12) of 2017 Regulating Civil Society Organisations in the Emirate of Dubai;

Law No. (2) of 2021 Concerning the Knowledge and Human Development Authority in Dubai;

Decree No. (9) of 2015 Regulating the Raising of Donations in the Emirate of Dubai;

Decree No. (9) of 2022 Placing Private Public-benefit Entities Established Pursuant to Legislation under the Supervision and Audit of the Community Development Authority in Dubai (the “CDA”); and

Executive Council Resolution No. (2) of 2017 Regulating Private Schools in the Emirate of Dubai,

Do hereby issue this Decree.

Definitions

Article (1)

The following words, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise:

UAE: The United Arab Emirates.

Emirate: The Emirate of Dubai.

Ruler: His Highness the Ruler of Dubai.

Government: The Government of Dubai.

KHDA: The Knowledge and Human Development Authority in Dubai.

Institute: The Sheikh Rashid bin Saeed Islamic Institute, established pursuant to this Decree.

Board of Trustees: The board of trustees of the Institute.

Principal: The principal of the Institute.

Establishing the Institute

Article (2)

Pursuant to this Decree, a private non-profit educational institution named the “Sheikh Rashid bin Saeed Islamic Institute” is established. The Institute will have legal personality, and the legal capacity required to undertake all acts and dispositions that ensure the achievement of its objectives.

Head Office of the Institute

Article (3)

The head office of the Institute will be located in the Emirate. The Board of Trustees may establish branches of the Institute within and outside of the Emirate.

Objectives of the Institute

Article (4)

The Institute will have the following objectives:

  1. to develop and qualify the Institute's students using modern technology, in line with the general educational curricula, Islamic disciplines, and specialised linguistic disciplines;

  2. to instil in students the authentic Islamic values and concepts rooted in moderation and balance; and the ethical Islamic heritage that fosters humane interactions;

  3. to provide a distinguished educational environment that contributes to preparing qualified cadres who meet the needs and requirements of the labour market and are equipped with academic, practical, and leadership skills;

  4. to foster the academic research culture, develop the capabilities of specialists in Islamic and linguistic disciplines, and provide a favourable environment for the same; and

  5. to upkeep the Islamic and linguistic cultural heritage, with a view to highlighting the contribution of the Arab culture to civilisation and its profound influence on human knowledge.

Functions of the Institute

Article (5)

For the purpose of achieving its objectives, the Institute will have the duties and powers to:

  1. develop strategic plans and general policies for the delivery of the general curricula and educational programmes in Islamic and linguistic disciplines; develop the students' academic and practical skills; and qualify students for assuming future jobs;

  2. prepare and deliver general curricula and educational programmes in Islamic and linguistic disciplines in accordance with the educational regulations and the curricula adopted in the UAE;

  3. award academic certificates to students who successfully pass the accredited study programmes, in accordance with the standards and requirements adopted by the competent entities in the UAE;

  4. academically collaborate with local, Arab, regional, and international educational institutions in fields that are relevant to the achievement of the objectives of the Institute;

  5. communicate and coordinate with the concerned government entities and partners to implement programmes, projects, activities, and initiatives that contribute to the achievement of the objectives of the Institute;

  6. provide guidance and support to persons with special educational needs;

  7. prepare and deliver integrated educational projects and programmes that combine enduring moral values with contemporary developments based on creativity, leadership, and innovation;

  8. consolidate and foster educational, cultural, and social relationships with other local and international educational institutions in fields that are relevant to the achievement of the objectives of the Institute;

  9. attract qualified, experienced, and specialised teachers to assume teaching duties at the Institute;

  10. conclude agreements and memoranda of understanding in fields that are relevant to the achievement of the objectives of the Institute with specialised educational institutions within and outside of the Emirate; and

  11. exercise any other duties or powers that are relevant to the achievement of the objectives of the Institute, as assigned to it by the Ruler or the Board of Trustees.

Organisational Structure of the Institute

Article (6)

The organisational structure of the Institute will be comprised of:

  1. the Board of Trustees; and

  2. the executive body.

Formation of the Board of Trustees

Article (7)

a. The Institute will have a Board of Trustees comprised of a chairman, a vice chairman, and a number of other experienced and specialised members. The number of the Board of Trustees members may neither be less than five (5) nor more than nine (9), including the chairman and vice chairman. Members of the Board of Trustees will be appointed pursuant to a resolution of the Ruler for a renewable term of three (3) years.

b. In the absence of the chairman of the Board of Trustees, or where his position temporarily falls vacant for any reason, the vice chairman of the Board of Trustees will serve as the chairman and perform all his powers under this Decree. However, where the position of the chairman of the Board of Trustees permanently falls vacant for any reason whatsoever, a new chairman will be appointed pursuant to a resolution issued by the Ruler.

Functions of the Board of Trustees

Article (8)

a. The Board of Trustees will undertake general supervision of the achievement of the objectives, and management of the affairs, of the Institute; and will follow up the performance of its functions under this Decree, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. For this purpose, the Board of Trustees will have the duties and powers to:

  1. approve, and supervise the implementation of, the general policy and strategic and development plans of the Institute;

  2. approve the draft annual budget and Financial Statements of the Institute;

  3. approve the organisational structure of the Institute;

  4. approve the resolutions, bylaws, and regulations governing the administrative, financial, technical, and academic work of the Institute, including the human resources regulations of the faculty members and other employees of the Institute;

  5. approve the projects, initiatives, activities, programmes, and awareness campaigns that contribute to the achievement of the objectives of the Institute;

  6. establish the rules regulating the acceptance of the grants, gifts, Donations, and endowments offered to the Institute; the use of their proceeds; and the channels and conditions for spending and investing these proceeds, in accordance with the legislation in force in the Emirate;

  7. develop, and follow up the implementation of, the investment plans aimed at enabling the Institute to self-finance its programmes, projects, and administrative and academic affairs, with a view to enabling it to achieve financial sustainability;

  8. accredit the educational programmes and curricula of the Institute; and approve awarding academic certificates to students;

  9. appoint the Principal and determine his remuneration and bonuses;

  10. approve the tuition fees, and charges for the services, of the Institute;

  11. approve the annual report on the activities, performance, and achievements of the Institute;

  12. appoint, dismiss, and determine the remuneration of, external auditors; review the reports and notes submitted by these auditors at the end of each Financial Year; and present these reports to the KHDA;

  13. form permanent and temporary committees and work teams, and determine their functions and terms of reference; and

  14. exercise any other duties or powers related to the achievement of the objectives of the Institute.

b. Except for the powers vested in it under sub-paragraphs (a)(1), (a)(2), and (a)(3) of this Article, the Board of Trustees may delegate any of its powers under paragraph (a) of this Article to any of its members or to the Principal, provided that such delegation is specific and in writing.

Meetings of the Board of Trustees

Article (9)

a. The Board of Trustees will convene at the invitation of its chairman or vice chairman at least once every two (2) months or where necessary. Meetings of the Board of Trustees will be valid if attended by the majority of its members, provided that the chairman or vice chairman is in attendance.

b. Resolutions of the Board of Trustees will be passed by majority vote of the attending members; and in the event of a tie, the chair of the meeting will have a casting vote.

c. Resolutions of the Board of Trustees will be recorded in minutes signed by the chair of the meeting and attending members.

d. A rapporteur will be appointed to the Board of Trustees by the chairman of the Board of Trustees. The rapporteur will be responsible for sending meeting invitations to the members of the Board of Trustees, preparing its meeting agendas, recording its minutes of meetings, following up the implementation of its resolutions, and performing any other duties assigned to him by the chairman of the Board of Trustees.

e. The Board of Trustees may invite experts and specialists, as it deems appropriate, to attend its meetings to assist it in performing its duties. These experts and specialists will not have a vote in the deliberations of the Board of Trustees.

Executive Body of the Institute

Article (10)

a. The executive body of the Institute will be comprised of the Principal and a number of faculty members and administrative and finance employees.

b. The executive body will be responsible for performing the operational work of the Institute, implementing its approved policies and strategic plans, and following up the implementation of the resolutions passed by the Board of Trustees.

c. The procedures and terms of appointment, and all employment rights and duties, of the employees of the executive body of the Institute, including faculty members, will be determined pursuant to the relevant human resources regulations approved by the Board of Trustees.

Appointment and Duties of the Principal

Article (11)

a. A Principal will be appointed pursuant to a resolution issued by the chairman of the Board of Trustees subject to approval of the KHDA.

b. The Principal will be directly responsible to the Board of Trustees for performing his functions under this Decree; the resolutions, regulations, and bylaws issued in pursuance hereof; and other legislation in force in the Emirate, with a view to ensuring the achievement of the objectives of the Institute and enabling it to perform its functions. In particular, the Principal will have the duties and powers to:

  1. prepare the general policy and the strategic and development plans of the Institute, submit the same to the Board of Trustees for approval, and follow up their implementation;

  2. prepare the draft annual budget and the Financial Statements of the Institute, and submit the same to the Board of Trustees for approval;

  3. prepare the organisational structure of the Institute, and submit the same to the Board of Trustees for approval;

  4. draft the resolutions, bylaws, and regulations governing the administrative, financial, technical, and academic work of the Institute, including the human resources regulations applicable to the faculty members and other employees of the Institute; and submit the same to Board of Trustees for approval;

  5. supervise the daily work of the executive body of the Institute, and the activities and services it performs;

  6. propose the projects, programmes, and initiatives of the Institute; submit the same to the Board of Trustees for approval; and follow up their implementation;

  7. prepare an annual report on the activities and achievements of the Institute; and submit the same to the Board of Trustees for approval;

  8. represent the Institute before third parties and conclude the contracts, agreements, and memoranda of understanding to which the Institute is a party, in accordance with the relevant powers granted to him by the Board of Trustees;

  9. submit annual reports on the performance of the Institute to the Board of Trustees to review the same and make the appropriate decisions in respect thereof;

  10. propose the tuition fees, and charges for the services, of the Institute; and submit the same to the Board of Trustees for approval; and

  11. exercise any other duties or powers related to the achievement of the objectives of the Institute, as assigned or delegated to him by the Board of Trustees.

Financial Resources of the Institute

Article (12)

The financial resources of the Institute will consist of:

  1. the financial support provided to the Institute by the Government;

  2. the tuition fees, and charges for the services, of the Institute;

  3. the grants, gifts, donations, and proceeds of endowments received by the Institute and accepted by the Board of Trustees; and

  4. any other financial resources secured by the Institute through conducting its activities and approved by the Board of Trustees.

Accounts and Financial Year of the Institute

Article (13)

a. In managing its accounts and records, the Institute will apply the accounting rules and principles approved by the Board of Trustees.

b. The Financial Year of the Institute will commence on 1 January and will end on 31 December of each year, except that the first Financial Year will commence as of the date this Decree comes into force and will end on 31 December of the following year.

Applicability of the KHDA Legislation

Article (14)

The Institute will be governed by the KHDA legislation and the instructions and directives issued by the KHDA.

Dissolution and Liquidation

Article (15)

The Institute may be voluntarily dissolved, provided that the CDA considers the dissolution application submitted by the Institute and appoints one or more liquidators to liquidate the property of the Institute in accordance with the CDA legislation. In this case, the Institute will be dissolved and abolished pursuant to a decree of the Ruler.

Transfer and Succession

Article (16)

a. As of the date on which this Decree comes into force, the following will be transferred to the Institute:

  1. the ownership of the real property, movables, assets, devices, equipment, and other property allocated to the Sheikh Rashid bin Saeed Islamic Institute by the Government;

  2. the employees and faculty members working for the Sheikh Rashid bin Saeed Islamic Institute by the effective date of this Decree. These employees will retain their existing rights; and

  3. the financial appropriations allocated to the Sheikh Rashid bin Saeed Islamic Institute by the Government.

b. The Institute hereby succeeds to all the rights and obligations of the Government in respect of the Sheikh Rashid bin Saeed Islamic Institute.

Issuing Implementing Resolutions

Article (17)

The chairman of the Board of Trustees will issue the resolutions required for the implementation of this Decree, subject to approval of these resolutions by the Board of Trustees.

Repeals

Article (18)

Any provision in any other legislation is hereby repealed to the extent that it contradicts the provisions of this Decree.

Publication and Commencement

Article (19)

This Decree will be published in the Official Gazette and will come into force on the day on which it is published.

Mohammed bin Rashid Al Maktoum Ruler of Dubai

Issued in Dubai on 14 June 2023 Corresponding to 25 Thu al-Qidah 1444 A.H.

¹ This is a translation of the official Arabic text.

Source: dlp.dubai.gov.ae

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