Plaintiff The Bronx Islamic Society, Inc. ("BIS") seeks a permanent injunction restraining and enjoining defendants — three former members of its congregation - from: 1) entering or remaining upon its premises located at 1726 East 172nd Street, Bronx, New York 10472 or coming within 1000 feet thereof, 2) representing to anyone that they have a leadership role within BIS or are otherwise authorized to take action on its behalf and/or the Mosque, 3) collecting any money or otherwise engaging in fundraising activities on behalf of BIS or the Mosque, 4) making any unreasonable noise or otherwise causing a disturbance at any religious service held at BIS and 5) granting such other and further relief as the Court deems necessary and proper. Defendants maintain that since they were illegally ousted from BIS in 2015, they retain their right to participate as members of BIS and are the rightful leaders of its congregation.

The Bronx Islamic Society, Inc. was incorporated as a religious corporation in 2007 to promote an Islamic way of life; foster tolerance and understanding with other communities of faith; and act in any lawful manner upon matters affecting the rights and well-being of its members. On 10/24/08, BIS acquired title to the building and property located at 1726 East 172nd Street in Bronx County where it maintains its principal offices and operates a mosque (Masjid). The defendants worshipped at BIS until their membership was terminated.

By-Laws adopted by BIS in 2008 provide that the Ameer of its Board of Trustees and Shura Council also serves as its Chairman and President. (2008 By-Laws §§ 5.2.2, 6.2.1.[a].) On 2/18/07, twelve persons were elected to serve as BIS trustees for staggered terms. In 2008, defendant Mohamed Shabeer Khan was elected to hold office as trustee and presiding officer (Ameer) until the first annual election; defendant Mohamed Rafeek Baksh was elected to serve as trustee until the third annual election. Defendant Terrence C. Ally held various offices at other times.

The 2008 By-Laws provide that general elections shall take place at an Annual Meeting held on the last Sunday of each year. (2008 By-Laws §8.3.1.) No elections were held until 12/30/12, however, and the defendants were not re-elected.

The 2008 By-Laws provide that members must accept the By-Laws and abide by the decisions and policies of the Shura Council, the "main consultative body in the implementation and discharging of the policies and programs of the Organization." (By-Laws §§4.3.1(c), [*2]5.2.1[a].) The Shura Council consists of the Board of Trustees, the Imam, the Deputy Imam and five additional members elected from the general membership at the Annual General Meeting. (By-Laws §5.2.1 [b].) The Shura Council determines all matters regarding the well-being of BIS and its members. (By-Laws §5.2.2[c].)

In his supporting affidavit, non-party Abdul Azeez states that he was appointed Imam by the founding members of BIS from the time of its formation until 2015. In May 2015, he was appointed Imam by the BIS Board of Trustees. Imam Azeez maintains that BIS was formed to "advance the greater glory of Allah" and not to provide a perpetual fiefdom for any individual. Imam Azeez characterizes the post-election conduct of the defendants as "un-Islamic" and attributes the defendants' ouster to their "(desecration) of the sacredness of the Mosque." According to the Imam, the defendants since losing the 12/30/12 election have disrupted religious instruction classes, removed utensils and shouted during prayer services, with defendant Ally spitting at and cursing people with whom he disagrees. Defendant Khan also circulated announcements that changed the celebration of Eid-Al Adha from 10/15/13, the date announced by the Iman, to 10/16/13 with the result that there were two Eid prayers in one Masjid on two different days, contrary to Islamic law.

At an emergency meeting called on 10/27/13, the Board of Trustees unanimously voted to strip defendants Khan, Baksh and Ally of their BIS membership rights and privileges. Plaintiff thereafter commenced an action on 12/11/13 seeking a temporary restraining order ("TRO") and permanent injunction to stop the defendants' alleged misconduct. Soon afterwards, the parties agreed to appear before a Muslim arbitral panel to settle their differences. As a result of its April 2014 hearing, the panel recommended that new elections be held to allow the defendants an opportunity to run again for elective office since they claimed that they were improperly excluded. The panel of Muslim experts also recommended that the BIS By-Laws be amended.

In keeping with these panel recommendations, BIS amended its By-Laws in March 2015 and held new elections on 5/17/15. The 2015 By-Laws made several structural changes: The Board of Trustees now consists of six, not twelve, members (2015 By-Laws §6.1.1), for example, and the Shura Council no longer exists.

As a result of the elections held on 5/17/15, Abdool Shareef Ibrahim was elected president (Ameer) of the BIS Executive Council. In his supporting affidavit, Mr. Abrahim maintains that "the trouble at BIS" started shortly after defendants Khan and Baksh lost their bid for re-election at the 12/30/12 annual meeting, the first time elections or an annual meeting was held since 2008. According to the Ameer, defendant Khan advocates violence, speaks admiringly of ISIS and interrupts prayer services. Mr. Ibrahim avers that the defendants refuse to leave the Mosque at closing time, leaving the front door open and the lights on and using the BIS mini-gym without permission. Mr. Ibrahim details violent acts allegedly perpetrated by the defendants.

Plaintiff BIS proffers the reply affidavit of Mohamed A. Hakim, a doctoral candidate with degrees in Psychology and Islamic studies who coordinated the arbitral panel that heard the grievances of the parties both orally and in writing. After holding two sessions, the panel issued recommendations to "create a pathway" towards resolving differences in lieu of determining the correctness of any party's position. Mr. Hakim states that since the parties agreed that the By-Laws be amended to simplify governance, draft documents were exchanged. In accordance with the panel's recommendation that there be a new election, the "Khan faction" including [*3]defendants Mohamed Rafek Baksh and Mohamed Shabir Khan was permitted to run candidates for elective office. According to the affidavit of Imam Azeez, however, the defendants indicated that they would not participate in the 2015 elections and exhorted others to follow their example; as a result, the defendants were directed to stay away from the Mosque for a period of three years.

Plaintiff's allegations are vehemently denied by the defendants in their respective affidavits. The defendants maintain that that their ouster was unlawful since §4.7(a) of the 2008 By-Laws provides for a 120-day maximum suspension but not for expulsion. Article 4 is entitled "Membership" and §4.7 is entitled "Removal and Discipline of Members." A full reading of §4.7(a) establishes that BIS "membership and benefits" could indeed be terminated.

The Establishment Clause of the First Amendment of the US Constitution, which is binding on the states by the Fourteenth Amendment, guarantees religious bodies freedom from secular interference. (Ming Tung v China Buddhist Ass'n, 124 AD3d 13, 18 [2014], appeal dismissed sub nom. Tung v China Buddhist Ass'n, 25 NY3d 958 (2015), and aff'd, 26 NY3d 1152 [2016], reargument denied sub nom. Tung v China Buddhist Ass'n, 27 NY3d 1029 [2016]. Courts thus may not intrude into constitutionally protected ecclesiastical matters such as membership, termination or reinstatement. (Congregation Yetev Lev D'Satmar, Inc. v Kahana, 9 NY3d 282 [2007].)

This Court notes the many hours and court appearances expended in an effort to help the parties reach an accord, including an unsuccessful mediation conducted by a retired judge at the recommendation of this Court. The defendants have expressed to this Court their unwillingness to seek redress through Islamic structures. Here, however, an inquiry as to whether defendants should remain terminated or be reinstated as BIS members in good standing calls into question religious matters, including whether defendants are following "an Islamic way of life." Contrary to defendants' position, their religious standing within BIS remains an essential component of their termination and election dispute. These issues cannot be determined by this Court since the Bronx Islamic Society is free to choose its rules and the way of life that members must follow.

For these many reasons and after careful consideration, the Court grants plaintiff Bronx Islamic Society's Order to Show Cause and grants a permanent injunction as follows:

1. Defendants Terrence H. Ally, Mohamed Rafeek Baksh and Mohamed Shabir Khan are permanently enjoined from entering or remaining upon the premises of the Bronx Islamic Society, Inc., located at 1726 East 172nd Street, Bronx, New York 10472, or coming within 1000 feet of the premises.

2. Defendants Terrence H. Ally, Mohamed Rafeek Baksh and Mohamed Shabir Khan are permanently enjoined from taking action individually or collectively on behalf of the Bronx Islamic Society, Inc. or its Mosque.

3. Defendants Terrence H. Ally, Mohamed Rafeek Baksh and Mohamed Shabir Khan are permanently enjoined from collecting any money or otherwise engaging in fundraising activities on behalf of the Bronx Islamic Society or its Mosque.

4. Defendants Terrence H. Ally, Mohamed Rafeek Baksh and Mohamed Shabir Khan are permanently enjoined from making unreasonable noise or causing a disturbance at any religious service held at the Bronx Islamic Society.

In the event that the parties reconcile and reach a mutual accord, the terms of the injunction may be altered by stipulation.

This is the Decision and Order of the Court. A copy of this Order with Notice of Entry shall be served within 15 days.