Noor Saga-Court Hearings

For the first time in the 50+ year history of the Muslim Community in Central Ohio, a dispute at the leadership level of an Islamic organization ended up in court. So far three full day hearings have taken place: February 10, March 31 and April 20, 2010, at an estimated cost of $15,000-$20,000 to both parties. What follows is a summary of what happened according to eyewitnesses. Please read Noor Saga-Introduction and Noor Saga-complaint and TRO to understand the nature of the conflict.

Testimony of Khaled Farag and Hassan Ayoub:

They presented a large number of documents labeled AIW meeting minutes and agendas. They showed that Hassan Ayoub and the other "board members" were regularly taking part in discussions, decision making, and meetings as a board that would only have been appropriate if they were AIW board members. They showed that Hassan Ayoub, in particular, signed a number of documents with the bank, acting presumably as an AIW board member. All of these meetings and agendas and actions were with Hany Saqr’s personal knowledge and he did not object to them. Ayoub also prepared and signed Sheikh Fares’s contract as AIW board member. The three disputed members took decisions and actions that were only allowed to be taken by AIW BOD members. Basically, their argument is if Ayoub and the other two, Mandourah and Islam, walked, talked, were introduced and acted like AIW board members, then they were board members. They claim that the three disputed board members were invited to be on the board but they admit that there was never a formal vote to appoint them as board members. They also claim that the AIW Bylaws did not require a vote, only an invitation. Therefore an official vote did not need to take place. They claim that the few documents that refer to an NICC board were actually referring to the AIW board because there was only one board running the organization, but the names were sometimes used interchangeably. This was no different than saying “Noor Center'' or “Masjid Alnoor”, both referring to the same and only one entity.

They brought witnesses like Zarqa Abed to testify that when she worked as Masjid Noor, she considered all six to be board members. She testified that she was told by Saqr that there were 6 AIW BOD members and to ensure all of them were always copied on every correspondence. She additionally testified that when she was leaving her employment at NICC, she requested an AIW BOD member be present to receive all of the confidential material she had. Saqr sent Hassan Ayoub for that purpose. During her testimony a copy of Zarqa's January 20 , 2010 E-mail to the community attacking all six board members was projected to show her neutrality and credibility.
Attorney David Dye was also called as a witness. In the first hearing the authenticity of the loan documents were questioned, particularly the AIW Corporate Resolution that authorized the taking of the loan, which listed six members of the AIW BOD, including disputed members Mandourah, Islam and Ayoub. David Dye told the court that this was indeed his actual AIW Corp. Resolution and that he would not have been able to even spell these names without cooperation from the BOD members. He went on to say that he reviewed this documentation with Saqr as part of his closing procedures and at no time did Saqr object to the names being listed as AIW BOD members. Dye said if there was ever an issue he would not have allowed the paperwork to be signed and would have made the changes and rescheduled the signing.

Abdul Aburmaieheh, a community member, testified to an incident in which Saqr presented the disputed board members as board members. However he did not know the distinction between NICC board and AIW board and he did not say that Saqr presented them as AIW board. He said that the community is devastated and split into two camps over the issue. However, he did say that the split in the community was because of the conflict (as opposed to being caused by Saqr personally).

Amgad Saleh testified from about 2:30 to 4:30 on the first day. He testified that he is a founding AIW board member, that Saqr is the Chairman of the organization, that he never approved the addition of any other board members to AIW, and that the bylaws states that all decisions by AIW, including any addition of any new board member, must be by unanimous decision. He specifically said that a few of the unsigned documents presented earlier that show his approval of certain actions were fraudulent and that he only saw them for the first time the day before. He testified that this whole problem started several months ago when Farag communicated with him regarding the status of the disputed members as AIW board. He claimed that Farag admitted that they were not AIW board. He said that if the restraining order was lifted on Saqr, it would not cause a problem in the community because Saqr is more than a board member. He has been a spiritual leader in the community for years. He also claimed to be an active member of the Muslim community in Columbus Ohio by his ongoing involvement with AIW and the mosque project.

Saqr and Saleh disputed the authenticity of many of the documents presented by the other side. Their position is that the three disputed board members were board members of NICC, a subcommittee, rather than members of AIW. They claim that the three disputed board members might have participated at meetings but that did not make them board members. Saqr and Saleh’s position is that because there was never a formal board meeting with a vote appointing the three disputed board members, they were therefore never appointed as board members of AIW. [ Note that no party produced evidence as to when these individuals were even appointed to the board of NICC as subcommittee of AIW]

On the final day of testimony Saqr called Jamal Sadoun, Mahmoud EL-Khateeb, Ahmad Moselam, Mohamed Soltan, and Inam Khokhar as witnesses. All witnesses testified that the organization needed Saqr’s leadership and vision and that without him the organization would be harmed. They also stated that he had very good character and that they have known him to be a good person who always had the best interest of the organization at heart.
Mohamed Soltan said that he wished this dispute had not gone to court and that the organization needed every board member. He stated that Saqr was the head, Farag was the heart and Ayoub was the backbone of the board.

Mahmoud El-Khateeb was the only witness to criticize any of the BOD members. He stated that Saqr was the best Islamic scholar in the USA, had a very sound understanding of Islam, and that his leadership was needed.
"I am an Imam who gives khutba’s around town and I have a moderate understanding of Islam. Some people on the board have a bad understanding of Islam, like Khaled Farag who has gotten his understanding of Islam from some back home country. Imam Hany is a respected imam in the community who helped found all of the organization in town from the beginning. He was the first Imam of this community. He has the best vision, and is an irreplaceable leader of Masjid Noor and I have never seen him do anything that is not in the best interest of the organization."
He was asked about Farag and he stated that Farag was a manipulator and dishonest. He also said that the disputed board members had a local law enforcement officer ( Abdul Aburmaieheh who is a Muslim community member) threaten him (This is in reference to an E-mail from Abdul Aburmaieheh) . He complained that this was an abuse of the officer's position and explained his opinion that immigrant Muslims are often uncomfortable with police because of prior experiences in their countries of origin.

He also said that he had heard that it was said by Farag to others that we have Terrorist Cells in the mosque. [Heresay, unconfirmed]. He also said that he encouraged people to call the Ohio Attorney General’s office because we live in a country of laws and this was the only alternative to get answers for the community. He also said that he was prevented from speaking in public and from the Mosque and police were called to prevent him from the Mosque, although when asked what court issued that order he could not answer.

Also everyone testified that Saqr participated in a community meeting and the election for board members called by El-Khateeb on Friday January 22, 2010.[This important meeting will be covered in a future posting Insaallah] and actively voted for people. They said during that meeting Saqr responded loudly from the crowd at that meeting when Farag announced that it was not legal and there was no provision for public elections for BOD members in the bylaws. Saqr's response to people was that this was legal according to the bylaws.

In the end the attorney for Farag et al responded that no one is accusing Saqr of being a bad guy or having bad intentions. He gave the analogy of a car that cannot have two steering wheels. Even if it has the best drivers with the best intentions it will be a disaster. Therefore Saqr must continue to be restrained from representing himself as an alternative board for the organization. He also cited case law dealing with “Defacto Officers” to show that even despite having no documentation, these BOD members have to be considered valid and that the law prevents anyone from challenging this since it was confirmed and ratified by every subsequent accepted BOD meeting, decisions and actions, without opposition.

Saqr's attorney filed a motion asking for the bond to be increased because of the high possibility that the other side would lose and to cover Saqr’s attorney fees. The magistrate denied this motion.

Saqr’s attorney filed a motion asking the judge to dismiss the case because the other side admitted that there was never a formal board meeting in which the three disputed board members were appointed. This fact alone should have been enough to find them not board members by law according to the attorney. The judge rejected this argument and denied the motion.

Farag’s attorney filed a contempt motion against Saqr because of his refusal to turn over some material and email lists as required by a court order. This motion has yet to be heard because both sides ran out of time on the third day of testimony.
The magistrate is done listening to the evidence and is expected to make his decision within a week or two on the following simple question:

Should the restraining order on Saqr remain as the overall case moves forward in the court system.

Noor Saga-Complaint and TRO

Complaint (Law Suit) and TRO
In the Common Pleas Court of Franklin County, Ohio
American Islamic Waqf v. Hany Saqr
Jan, 28, 2010

On January 28, 2010, the four disputed board members, Mufakharul Islam, Khaled Farag, Hassan Ayub, and Ashraf Mandurah filed, in the name of American Islamic Waqf, a Complaint (Law Suit ) against Hany Saqr and issued a TRO (Temporary Restraining Order ) against him. The complaint starts with "Background Facts Common To All Counts" :
1.Plaintiff American Islamic Waqf (AIW) is a 501-(C)-3 charity operating in Franklin County, Ohio, founded on the premise of partnership with all Muslims and Non-Muslims who wish to contribute to the benefit of a good and healthy society. AIW owns and operates the Noor Islamic Cultural Center (NICC). See, e.g., Affidavit of Jeffery Poth, General Counsel to AIW, attached here to.
2. NICC is both a large multi-use facility and a platform to give more positive profile to the multi-cultural, multi-ethnic and multi-lingual Islamic Community in central Ohio.
3. AIW is structured as a private foundation and is managed by a Board of Directors.
4. In or around 1998, AIW began the undertaking of establishment of NICC.
5. Defendant Hany Saqr (Saqr) is a resident of Franklin County, Ohio and was a member of the AIW Board in 1998 and served as Director until October 27, 2009, when the Board, by vote, expressed no confidence in him and terminated his membership on the Board as well as any role as an officer on the Board. Id.

Here are excerpts of what the complaint contains:

"Saqr’s ongoing conduct has caused wide spread confusion within the community served by NICC as to governance of AIW and management of NICC. Id."
"Saqr’s ongoing conduct has caused, is causing and will cause substantial, immediate and irreparable harm and damage to the AIW and NICC as follows:
A. AIW and NICC are funded by donations. Saqr’s actions pose the substantial risk of causing donations intended for AIW and NICC to be misdirected to Saqr’s control, which could be highly problematic with respect to the Internal Revenue Service for both donors and AIW.

B. The wide spread confusion as to AIW governance caused by Saqr will cause the community served by NICC to suspend their vital donations to AIW/NICC until such time that it is made clear to them that Saqr is no longer a member of the Board.

C. There is a substantial risk that Saqr’s actions will cause third parties to believe that he is authorized to act on behalf of AIW and/or NICC and as such, rely on this belief to their detriment. In turn, this would lead such third parties to institute litigation against AIW under the doctrine of apparent authority. While AIW would deny such claims, it would nonetheless be obligated to defend them.

D. The confusion sown by Saqr’s actions is undermining the ability of AIW to focus on its charitable mission. Id.", "By virtue of Saqr’s ongoing wrongful actions, AIW has been injured and will continue to sustain injury so long as Saqr’s wrongful actions continue, in an amount yet to be determined. "

The Plaintiff brought two counts against Hany Saqr, Conversion and Breach of Fiduciary Duty/Misrepresentation and asked for:

A. For the issuance of an emergency temporary restraining order , a preliminary injunction and a permanent injunction , enjoining Defendant Saqr and anyone acting at his request or on his behalf, until otherwise ordered by the Court, from:

1. Representing to any person that Defendant Saqr is the Chairman, Director, member, agent, or employee of the AIW Board.
2. Making a representation in any document or correspondence (including email), that Defendant Saqr is the Chairman, Director, member, agent, or employee of the AIW Board.
3. Taking any action while representing that it is authorized by, or on behalf of, AIW or NICC.
4. Soliciting any donations in the name of, or on behalf of, AIW or NICC.
5. Utilizing AIW or NICC assets and intellectual property, including, but not limited to mailing lists, email directories, passwords, and software.
6. Retaining any assets belonging to AIW and/or NICC, including, but not limited to keys, email directories, mailing lists, passwords, software, etc.
7. Conducting any event or meeting that purports to be a meeting of AIW or its Board.
8. Conducting any event or meeting that purports to be an AIW or NICC function.
9. Directing any AIW or NICC employee or volunteer in the conduct of their work.

B. For compensation arising from the Conversion and Breach of Fiduciary Duty and the award of such further relief as Plaintiff may be entitled to, and the award of its costs in bringing this action.

Note that the complaint does state that "Saqr remains welcome to worship at AIW facilities".

Community Reactions to the Complaint (Law Suit) and TRO
Jan, 29, 2010

The first reaction came from Mohamad Elmahdy :

"I just came to know that IMAM Saqr is not allowed, by a court order, to have any activities and communications in Masjid Noor. Yesterday was Dr. El-Khateeb, today is Dr. Saqr, tomorrow will be me, you and whosoever asks for any rights, changes, and transparency. If it is easy to restrain any one and take a decision to prevent him/here to give his/her opinion for the good of the community, it will be more easier to change the “C” of NICC to an “S” so it will read beautifully as “Noor International Shopping Center”.

Are we really insisting to stay silent till we see that day then “Crying over spilled milk”? God forbid.

I am sincerely asking (the new committee) Dr. Mousalam, Br. Arman, Br. Jamal to stand up and say a word of wisdom for the sake of ALLAH"

Abukar Arman wrote:
"As-salaamu alaikum wa Rahmatullah
Jazaka Allahu khairan Dr. El Mahdy,
I did not see your e-mail earlier. However, I agree that the court decision was untimely and haphazard. I announced my resignation from the By-laws Committee after the Jum'ah prayer.
May Allah (SWT) bring our hearts closer"

Taymour El-Hosseiny wrote ( for the first time during this comflect) :

"Dear Br. Khaled:
I did not take any side since the start of this crises. However, I learned today that you processed a restrain order by court on Br. Hany .
I believe you went too far. Do you remember that Br. Hany stand next you, shoulder to shoulder to build this facility. Do you remember that Br. Hani stand next to you to establish current activities in the Masjid to make our dream true. Do you remeber when both were solicting funds from the community to make this place. On your words, do you remember that Br. Hani carried your first child. Where did that go?
Now, you place a restrain order on your Br. Hani. !!!!
If Br. Hani would go first to the court and processed this restraint order on you it would not be acceptable. The final decision on who is in charge is not finalized yet.
With full respect to you, what you did is unacceptable by all means (Islamicly, or un-Islamicly)"

Tayyab Kazia wrote (this was on Jan 30, 2010), starting with a powerful words of Poet Philosopher Iqbal:

"Self-destruction is your fashion, noble self-esteem was theirs (our forefathers)
You would flee from brotherhood, a brotherhood for which they died:
Yours the tongue that idly blabs, theirs was the hand that greatly dares:
You are fain to pluck a bud, they mastered all the garden wide.
You are wroth with one another, they were kindly, merciful;
You, who sin, see sins in others, they concealed their brother's sin;
Be the Pleiads your dwelling; if they are attainable;
Yet your souls must be in order, and with them you should begin".

He then added:

"Please stop this nonsense for the sake of Allah, if you are going to the court and in arbitration, please find a court or an arbitrator who can arbitrate on my behalf on the JUDGEMENT DAY. I am sure when we are buried the first question will not be " Are you Chairman of Masjid Noor, or are you so and so of Masjid Noor, even this will be asked I would like to know your answer".

Finally he quoted Iqbal again:
"Silenced is the voice of worship', the deserted mosques lament;
Where are now the brave Hejazis, men of godly, true intent?"

A Sad Day for Central Ohio Muslims

Central Ohio Muslims continuously grow in numbers, and some estimate that the number of Muslims in Central Ohio has more than doubled since 1996 due to the influx of Somali refugees. These refugees were welcomed by the Muslim Community in general and a very small number of established Somali individuals who lived in Central Ohio since late 1970’s. One of these original Somalis in central Ohio, Br. Mohamed Bashir, May Allah SWT shower him with His mercy, passed away last Wednesday, April 7, 2010.

The body of the deceased brother was taken for Salatul Janazah on Thursday April 8, 2010 to Masjid Ibn Taymiyah which is run by some of the Somali refugees that Marhum Mohamed Bashir welcomed to Central Ohio. [note: 'Marhum' is a short dua' for forgiveness for the deceased. It is used like a title before the person's name.]

Those who attended the Janazah including the Marhum’s children, other family members and hundreds of friends, who witnessed the most humiliating, shocking and embarrassing action in the hands of someone who claims to be a learned Islamic Scholar, Imam Sheikh Aden. First, he refused to allow Marhum’s coffin to enter the Mosque and then refused to lead or take part in the Janazah prayer; claiming that he was told that the Marhum never prayed, and changed his name from Mohamed to Albert. This statement was challenged immediately by a community elder who has known the Marhum and attested that the Marhum was a Muslim and the Marhum was seen praying in the past. When he heard this, the Imam fled the Mosque.

What happened on last Thursday April 8, 2010 will be remembered to be one of the darkest days in the history of Central Ohio Muslims and I hope and pray to Allah SWT that the leadership of Majid Ibn Taymiyah will come to their senses and apologize first to the family of the Marhum and then to the entire Muslim community of Central Ohio. The most important lesson that we, as Muslims, should learn from this instance is that passing judgment is not something that is acceptable in Islam and that the level of faith a man has in his heart can only be measured by his Creator.

Viva Palestina: Gaza 2010

On December 13, 2009 I embarked on a journey that spanned through 3 continents, 7 countries, and countless cities. I began in Columbus, Ohio and went through Turkey, Syria, Jordan, Egypt, and Gaza. I travelled with a group of 450 people, driving 250 vehicles in an effort to break the siege on Gaza.

I was the youngest person on this journey, being 16 years old. I cannot count the amount of times I was asked: "how are your parents allowing you to do this?". And the answer is simple, my age doesn't matter, there was a man aged 79 from Turkey on the convoy, we both deserved to be there.

Take a moment and imagine, just imagine, your life falling apart in front of you. Being helpless and powerless, unable to stop the destruction that surrounds you. This was the reality in Gaza a year and a half ago when the massacre began on December 27, 2008. Over 1,000 days later and they are still picking up the pieces of their fragile lives.

Turkey: A country I knew virtually nothing about. A country I had no expectations of. And a country that had the most amazing people I have ever met. "I love Turkish people, food, customs, EVERYTHING!" seemed to be the general consensus.

The American convoy members gathered at Taqseem Square, surrounded by hundreds chanting and singing while the rain pounding down as we shielded our eyes with one hand and raised our flags with the other. A marriage of the red, white, green, and black lighting up the square.

The hospitality in Turkey was unmatched, as we spanned the huge country beginning in Europe and seamlessly making our way through Asia, the support was incredible. I met women older than my mother, holding my hands, tears streaming down their faces, begging me to take them with us. 3 am on the side of the road and there they were, waving flags, pumping fists and smiling...smiling with such sincerity that I hadn't imagined was possible.

Syria: Cold. We were greeted and as the Mayor of Halab, and the leaders of the convoy shook hands we began to see the support that was behind us. Once again we were fed and for the first time in days I was able to shower properly and sleep comfortably outside of our busses, cars, trucks, semis and ambulances.

Aqaba, Jordan: 5 days in Aqaba, a protest in front of the Egyptian Embassy, and a few nights in which people were able to relax, take in the sea and reflect on why we were really here. We encountered people who the moment they saw us swarm the streets in our bright green Viva Palestina shirts, welcomed us in, offered us room and board, cooked us food, and made us promise to tell the children of Gaza that the people of Aqaba will never forget them. “You’re with the convoy? Anything you want, it’s free. We all support you”.

December 27th, the anniversary of the massacre, the date we expected to be in Gaza, came and went. 5 days in which we were denied entry to Egypt, and were forced to make our way back through Syria.

Latikya, Syria: We came back through Syria and went through to Latikya, an area in northern Syria where the majority of our time was spent in a Palestinian refugee camp. Tiny houses with only enough space for a few cots, metal bars through the squares in the walls that they called windows, rusted green metal doors that clang saying, “welcome”. As I watched the boys and girls scouts march along to the beat of their drums, twirling flags and dancing in the traditional “debka” fashion I wanted to step back and offer my spot up to them, any of them, all of them.

Laila, who gave me a “Free Gaza” pin,

Hamza, who gave me a hatta (Palestinian scarf)

Oum Muhammad who told me “If they gave me a tent, A TENT, on Palestinian land I’d take it and never look back”.

These people deserved it just as much anyone. And as I sat on the ledge staring into the Mediterranean Sea, the waves crashing against the rocks below I promised myself that their stories wouldn’t go untold.

Al-Arish, Egypt: A warm welcome awaited us at the Al-Arish airport as our passports were seized and we were confined into a small building, guards positioned outside ensuring that we didn’t move off the front steps. The chants began slowly as people became antsy, and escalated to full out chaos. People stomping on x-ray machines, banging the metal chairs into the ground, screaming “SHAME, SHAME ON YOU! YOU SOLD GAZA FOR A DOLLAR!”…it was almost too much to take in and suddenly I found myself doing the same. One hand on a chair as the other waved around the hatta that had almost become attached to my neck.

Hundreds of policemen. Hundreds of Convoy members. Rocks. Fire hoses. Tear Gas. Pepper Spray. Sand. Batons. Shields. Armoured vehicles. Blood. A woman's piercing scream. Welcome to the port of Al-Arish. I had left the 15+ft. cages of the port with a few members of the convoy to get food and upon returning about an hour and a half later we found ourselves completely denied entry as dozens of trucks and hundreds of policemen blocked our way. Completely unaware of the situation and convinced of our right to rejoin with our group we moved onwards, arms locked, despite the many attempts to stop us. And suddenly, our arms unlocked and one by one, people were pulled away. Two young men, thrown into the back of a truck and beaten as we heard them try to resist. One man, pulled to the side and surrounded by 6 policemen, his body covered by theirs and the sleek black of their batons. One man, jumping into a group of policemen and just as quickly, jumping over the wall that separated us. And as we attempted to find shelter, among the tear gas, water, rocks and the screams, I felt the harsh unforgiving metal of the baton strike my back, once…twice…and on the third we turned and ran.

Gaza: January 6, 2010. Finally. As I stepped off the bus, silent as I read the sign "Welcome to Palestine", I was unable to contain my emotions. I dropped to my knees, prostrated, forehead to the ground as tears streamed down my face. I looked up and around me everyone had done the same. Minutes ago we had all been chanting, and now nothing escaped our lips and all we heard was "Welcome". Land I knew so much about but had never seen. It was all worth it, I hadn’t even met anyone yet and it was already worth it.

But those whom I did meet, the couple who lost all 5 of their daughters, the son who lost his father and 16 siblings, the reporter who lost both legs covering the event, the daughter who lost her parents while she was away studying, the family who lost 7 members and a grandparent….these were the people we had travelled 3 continents, 7 countries, and countless cities for.

It was the most amazing experience of my life. I learned more in those few weeks, appreciated everything I had been blessed with, experienced more of “life” in that short time than I have in my whole life.

To meet people who have nothing and are willing to give you everything…it’s truly something to say Subhanallah about.