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?"