Mississauga Muslim Community Center, Canada

Minhaj Funeral Services Governance Bylaws

Membership Terms and Conditions

These Membership Terms and Conditions (the “Agreement”) constitute a binding agreement between Minhaj Funeral Services (“MFS”) and each individual or family approved for membership (each, a “Member”).

  1. Purpose and Nature of Services

 1.1       MFS is a non-profit organization established to support the Canadian Muslim community by facilitating funeral-related services upon the death of a Member. Its mandate includes assisting with certain administrative, logistical, and religious aspects of funeral arrangements, with the intention of alleviating financial and emotional burdens experienced by bereaved families.

1.2       All services provided by MFS are subject to operational capacity, availability of funds, and compliance with this Agreement.

  1. Financial Assistance and Coverage

2.1       Subject at all times to the availability of funds, receipt and verification of satisfactory documentation, and approval by MFS in its sole and absolute discretion, MFS may provide financial assistance in respect of funeral-related expenses up to a maximum amount of $7,000 per deceased Member.

2.2       Eligible expenses may include customary charges associated with Islamic funeral practices, including, without limitation, mosque service fees, cemetery plot acquisition, and grave opening and closing fees. MFS does not guarantee full coverage of any or all expenses incurred and retains discretion to determine eligibility and quantum of reimbursement.

  1. Funeral Coordination Services

 3.1       MFS may, where feasible, provide coordination support for funeral arrangements within Canada. Such coordination is contingent upon the availability of local volunteers and access to a partnering mosque or facility capable of accommodating Islamic funeral rites.

3.2       Where coordination services are not available, MFS may, in its discretion, provide financial assistance only, subject to the limits set out herein.

3.3       All funeral services facilitated or supported by MFS shall be conducted strictly in accordance with Sunni Muslim practices. By enrolling in membership, each Member acknowledges and agrees to such religious framework.

  1. Membership Eligibility and Structure

4.1       Membership is open to individuals who (i) identify as Muslim, (ii) are at least eighteen (18) years of age, and (iii) are legally residing in Canada. International students may be eligible for membership, provided that satisfactory proof of legal status is submitted at the time of application and on an annual basis thereafter. Individuals holding any form of visitor visa status shall not be eligible for membership.

4.2       Applicants must provide accurate, current and complete information regarding their age, immigration status, and residency in Canada. MFS reserves the right to require, at any time, such documentary evidence as it deems appropriate to verify eligibility, including, without limitation, a Canadian passport, Permanent Resident card, or Canadian citizenship certificate or card. MFS reserves the right, in its sole and absolute discretion, to refuse, suspend, or terminate membership, or to deny access to any services, where an applicant or Member (i) provides false, misleading, or incomplete information, or (ii) fails or refuses to provide satisfactory proof of eligibility upon request.

4.3       MFS may request proof of eligibility at any time during the term of membership. Without limiting the foregoing, where such proof has not been previously requested or verified, it shall be a condition precedent to the provision of any services that satisfactory proof of eligibility be submitted together with all required documentation at the time a claim or funeral service request is made.

4.4       A family membership shall include the principal applicant, their spouse, and unmarried dependent children. For the purposes of this Agreement, dependent children shall be covered only until the earlier of attaining twenty-five (25) years of age or entering into marriage. Upon the occurrence of either event, such individual shall be required to obtain separate membership in order to continue coverage.

4.5       Married children shall not be eligible for inclusion under a family membership and must apply independently.

4.6       Membership shall not commence or be binding, and no rights, entitlements, services, or benefits shall accrue, unless and until (i) MFS has received full payment of all applicable fees, (ii) all required documentation has been submitted and verified to the satisfaction of MFS, (iii) written confirmation of approval has been issued by MFS, and (iv) the first monthly membership payment has been successfully processed and received by MFS in cleared funds. The timing of initial payment processing may vary based on administrative and processing timelines. Prior to satisfaction of the foregoing conditions, the applicant shall have no entitlement to any services, financial assistance, or other benefits under this Agreement.

4.7       Any individual who is seventy (70) years of age or older at the time of joining shall not be eligible for membership.

4.8       Any pre-existing medical condition or terminal illness known to the Member prior to enrollment shall render the Member ineligible for claims or financial assistance in connection with such condition. MFS reserves the right to request reasonable supporting information to assess eligibility.

4.9       MFS reserves the right, in its discretion, to require a medical clearance certificate or declaration of good health for Applicants aged sixty (60) years and above and their spouses, where applicable. Failure to provide such documentation, where requested, may result in denial of membership or limitation of coverage.

  1. Fees and Payment Obligations

5.1       Membership is subject to payment of a one-time, non-refundable registration fee in the amount of $150 per family, except where refund is required by applicable law, and an ongoing monthly membership fee of $20 per family.

5.2       Monthly membership fees shall be due and payable on or before the tenth (10th) day of each calendar month. MFS reserves the right to amend its fee structure upon reasonable notice.

  1. Suspension and Termination of Membership

 6.1       MFS reserves the right, in its sole discretion, to suspend or terminate membership in circumstances including, without limitation, non-payment of fees, failure to provide or update required documentation, breach of this Agreement or applicable policies, or voluntary withdrawal.

6.2       Failure to remit monthly membership fees for three (3) consecutive months shall result in automatic termination of membership for the principal applicant and all associated family members. All determinations made by MFS under this section shall be final and binding.

  1. How to Make a Claim

 7.1       Any claim for funeral services or financial assistance under this Agreement shall be initiated by the completion and submission of the prescribed MFS claim form (the “Claim Form”). The Claim Form must be completed and submitted by a family member of the deceased Member, an authorized representative, or another individual acting on behalf of the deceased Member and having authority to do so.

7.2       The Claim Form shall be accompanied by all required information and supporting documentation, including, without limitation, proof of membership and, where requested by MFS, satisfactory proof of eligibility status. MFS reserves the right to prescribe the form and content of all required documentation and to request such additional information or materials as it deems necessary in its sole discretion.

7.3       MFS shall be entitled, in its sole and absolute discretion, to review, investigate, and verify all information and documentation submitted in connection with any claim. No claim shall be approved, and no services or financial assistance shall be provided, unless and until MFS is satisfied, acting reasonably, that all requirements under this Agreement have been fully complied with. For greater certainty, the approval of any claim and the provision of any services or financial assistance shall at all times remain subject to the terms and conditions of this Agreement, including, without limitation, compliance with verification requirements and the availability of funds.

 

  1. Death of a Member and Conditions of Assistance

 8.1       Financial assistance under this Agreement is generally limited to funeral services conducted within Canada. In circumstances where a Member passes away outside Canada, no coverage shall apply, except where MFS, in its sole discretion, determines otherwise.

8.2       In cases where a local funeral committee or partner is available, MFS may coordinate funeral arrangements. Where no such resources are available, MFS may provide financial assistance directly to the Member’s estate or family, subject to submission and verification of satisfactory proof of death and supporting documentation.

8.3       All payments are contingent upon compliance with MFS requirements and internal approval processes.

 

  1. Financial Transparency

             MFS is committed to maintaining transparency with its membership and shall provide periodic updates regarding its financial status. Annual summaries of membership contributions and organizational financial standing shall be made available to Members.

  1. Limitation of Liability

10.1      To the fullest extent permitted by applicable law, MFS shall not be liable for any indirect, incidental, consequential, or special damages, or for any delay, deficiency, or failure in service arising from the acts or omissions of third parties, volunteers, or circumstances beyond its reasonable control.

10.2      In all circumstances, the aggregate liability of MFS, whether arising in contract, tort (including negligence), or otherwise, shall be strictly limited to the amount of financial assistance approved for the Member under this Agreement.

  1. Indemnity

Each Member agrees to indemnify, defend, and hold harmless MFS, its directors, officers, volunteers, agents, and representatives from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with:

  • any breach of this Agreement by the Member;
  • any inaccurate or incomplete information provided by the Member; or
  • any dispute arising between the Member and third-party service providers engaged in connection with funeral services.
  1. Force Majeure

MFS shall not be liable for any failure or delay in the performance of its obligations where such failure or delay results from events beyond its reasonable control, including, without limitation, acts of God, public health emergencies, governmental actions, labour disruptions, or failures of third-party service providers.

  1. Amendments

MFS reserves the right to amend, revise, or update this Agreement at any time. Notice of material changes shall be provided to Members, and continued membership following such notice shall constitute acceptance of the amended terms.

  1. Financial Deficit and Special Contributions

In the event of a financial shortfall that materially impacts MFS’s ability to provide services, MFS may implement a temporary deficit contribution to be allocated among active Members. Any such contribution shall be reasonable in amount, limited in duration, and used solely for operational continuity. Failure to comply may result in suspension or termination of membership.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

  1. Dispute Resolution

16.1      Any dispute arising out of or in connection with this Agreement shall first be addressed through good faith discussions between the parties.If such dispute is not resolved within a reasonable period, it shall be submitted to confidential mediation in Ontario. If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration in Ontario, in accordance with applicable arbitration legislation.

16.2      Notwithstanding the foregoing, MFS reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction where necessary to protect its interests.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, representations, or agreements, whether written or oral, relating to its subject matter.

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