1

DAVID

Ca.

M.

McKIM,

State

Bar

ESQ.
077396)

No.

2

Law Offices of David M.
1777 Borel Place,
Suite

3

San

Mateo,

Phone

CA

650

No:

McKim

301

sFILED
MAYEO COUNTY

94402
349 0900

AN

4

JUL -

for Petitioners
KHAN,
SHAMINA A.
SHAH,
NAZRANA KHAN,
MOHAMMED A.
KHAN,
MOHAMMED H.
KHAN,
MOHAMMED FAROOK,
MOHAMMED I.
KHAN,
MOHAMMED KHALIL,
KAMAL SHAH,
MOHAMMED S.
KHAN,
SHAHIF MOHAMMED,
YUSUF ALl,
MOHAMMED ASHIK,
SHAHEED MOHAMMED,
ABID RAHMAN,
MOHAMMED A.
RAHMAN,
JANIF MOHAMMED,
INTIAZ KHAN,
ISMAIL ISA,
MOHAMMED H HANIEF,
MOHAMMED USMAN,
FEROZ HUSSAIN,
and ABDUL I. KHAN

Attorney

5

6
7
8

Q

tl

9
10

811

JULEKHA

B.

12

THE

IN

SUPERIOR

13

IN

AND

14
15

COURT

FOR

THE

ULEKHA
NAZRANA

B.

KH~ N,

KHAN,

16 , MOHAMMED H.

SHAMINA A.

MOHAMMED

KHAN, ~

A.

Clerk Of the ~
By

OF

THE

COUNTY

UNLIMITED

I. ~

AN,

STATE
OF

OF

SAN

I. I' J" ill

erlor

COUrt

CALIFORNIA

MATEO

JURISDICTION

CIV 4 9 6 5 4, 8

SHAH, )

KHAN, )

OHAMMED

FAROOK, )
KHALIL, )
17 , JCAMAL
SHAH, . rd!OHAMMED S.
KHAN, )
SHAHIF MOHAMMED, ' YUSUF ALl, )
18 , MOHAMMED ASHIK, ' 8HAHEED MOHAMMED, )
ABID RAHMAN,
MOHAMMED A.
RAHMAN, )
19
MOHAMMED JANIF,
INTIAZ KHAN, )
SMAIL ISA, MOHAMMED H.
HANIEF, )
20
MOHAMMED USMAN,
FEROZ HUSSAIN,
and)
ABDUL I.
KHAN, )
21
OHAMMED

l'

NO.

vMOHAMMED

PETITION
AND

FOR WRIT OF MANDATE
ANCILLARY RELIEF

Petitioners,
22
vs.

23

24

FIJI

UL

a

JAMA' AT
California

Religious Nonprofit

ISLAM

OF

AMERICA,

corporation,
25

Respondent.
26
27
28

COME

1

NOW

THE

PETITIONERS

and

allege:

PETITION FOR WRIT OF MANDATE

 1

FIRST
FOR

CAUSE
WRIT

OF

OF

ACTION

MANDATE)

2

3

1.

Respondent

FIJI

4

referred

5

corporation

organized

6

California

and

7

maintaining

its

8

true

9"

10 "

the

respondent

12

reference

13

terms

14

respondent

in

Jama' at

is

2.

17

the

18

exercised

19

to

22

complied

23

excluded

24

not

of

the

with
from

included

26

Mohammed

27

Mohammed

28

Mohammed,

the

in

Khan,

g92l0(

includes
B.

for

Mohammed

Khan,
I.

Shahif Mohammed,
Mohammed

to

the

to

Where

bold

both

or

in the

and

bylaws

s

the

activities

and

all

and

corporate

affairs
powers

as

of
are

corporate board of directors.
and

Shamina

of

whom

with

list

as

Yusuf Ali,
Rahman,

all

respects

life

but

members

was

and

members.

Khan,

Mohammed

in

life

are

membership

other

life

Shah

A.

has

to

18

Mohammed A.

A.

made

Section

or

Jama' at'

admission

list

Khan,

is

exhibit " A".

each

membership

Nazrana

Rahman,

its

Jama' at

Exhibit

Exhibit " A".

and/

A

Any reference in this petition

Khan

nomination

2009

a},

Mateo.

refers

in

of

bylaws,

s

marked

it

Section"

or "

in

conducted

Julekha

2009

in

State

San

reference

bylaws"

respondent

requirements

the

Farook,

bold

directors.

Respondent
the

Abid

of

Jama' at

Petitioners

S.

Code
are

Where

religious

the

Jama' at'

hereto,

contained

are

of

County of

particular Article

the

by

board

Petitioners

4.

2

its

by

a

the

Jama' at

in

laws

attached

bylaws contained

Jama' at

respondent

members

to

by Corporation

3.

25

refers

provided

respondent

21

to " Article"

Jama' at

As

mandated

20

it

which

in

hereinafter

nonprofit

a

the

herein.

respondent

bylaws,

made

bold

16

the "

or

is

reference

AMERICA, (

Respondent

offices

bylaws

OF

is

under

the

by

s

ISLAM

JAMA' AT")

property and
Jama' at'

UL

existing

governed

the

bylaws"

the

and

incorporated by

11

15

Respondent "

as

of

copy

and

A"

to

JAMA' AT

Mohammed H.

Khalil,

Kamal

Mohammed Ashik,

Mohammed

Janif,

Khan,
Shah,

Shaheed

Intiaz

PETITION FOR WRIT OF MANDATE

 1

Khan,

2

respective

family

3

Respondent

Jama' at

4

requirements

5

2009

Ismail

for

5.

The

7

are

8

mandatory,

9

one

in

non-

two

An

11

she

12

Jama' at'

13

contained

in

14

following

two

16

a)

out

The

Fij

i

1,

and

A)

are

at

a

Fiji

22

I

above

23 (

shall
An

II,

3

and

excluded

was

the

the

admit

to

of

the

their

of

the

from

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Board

the

I

submits

and

who

therein

respondent

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if

as

of

descendent

Article

All

applications

II,

on

of

an

be

or

1

those

for

the

he

or

respondent

general criteria

specify

of

applicants

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a

i

fact,

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Fiji

Muslim ( Sunni)

spouse

member

admitted

she

and

Section

if

active member

age.

his/ her

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he

into

the

membership applicants:

that " A

may

a

specified.

to

which

II,

fall

Jama' at

it

Jama' at

Directors

of

applicants

otherwise meets

Sections

or

an

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submitted

in

application,

of

and

6.

be

member

years

applicant

in

shall

18

become

25

28

but

upon

mandatory consist

states

Jama' at

D)

members

Muslim"

general criteria contained in Article

least

respondent

26

a

II,

is

the

24

Article

former

and

respects complied with the

category where admission

Muslim ( Sunni)

b)

as

Sunni)

(

specifically

21

Khan,

I.

membership eligibility

categories

Jama' at

19

27 "(

of

membership

first

otherwise meet

20 (

bylaws and impose

Article

18

all

Membership

discretionary duty

a

Muslim [ s]

in

Abdul

or

membership

for

board of directors,

s

respondent

17 "

the

applicant qualifies
fills

to

and

present

whom has

admission

categories

10

15 (

of

are

qualifications

provided

of

members,
each

Hanief,

H.

list.

membership

6

Mohammed

Isa,

meets

are

II( D)

at

of
as

the

the

prescribed forms

general
18

are

who

Section

Section

II

descendent

of

under

be

on

the

member

criteria

years

Jama' at'

to

and

the

Section

Jama' at. "

associate

an

shall

or

who

II,

II,

qualifies

the

least

of

membership

who

Article

to

of

to

the

contained

age.

s

bylaws provides:

a

yearly basis

Board

of

and

Directors,

PETITION FOR WRIT OF MANDATE

 1

and

upon

2

All

qualified

3(

6)

weeks

4

7.

5

months

6

IV

of

7

the

9

of

bylaws

the

9.

affords

be "

Active

13

and

rights

14

directors

and

10.

16

Meeting

17

year

18

members

at

seek

Article
of

all

which
of

11.

the

time

the

20

on

21

reference

22

items

23

make

March

13,

is

stated

as

revisions
12.

General

26

candidate

27

are

28

nominate

Meeting (
for

required
only

to

member

a

six

least

at

Article

been

6

Section

II,

member

a

seek

to

hold

members

least

12

Section

IV

at

II,

election to

the

office.

for " Life

members"

have

full

who

shall

voting rights

Jama' at'

respondent

mandates

I

the

a

of

board

s

of

also

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nominate

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this

be

once

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the

hereto

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and

held

officers

General

a

and

bylaws."
for

6: 30

PM

incorporated by

Meeting.

the

Among

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are "

To

and " Election."

that,

in

in

the

regard

notice
the

to

directors, " A minimum of

candidate

Assembly

Assembly Meeting

Annual

announced

a

General

elect

required by

Annual

for

By laws"

as

a

Jama' at

shall

attached

the

that

respondent

Assembly "

Directors

agenda

board

one

and

the

to

of

Exhibit " B")

the

Life

General

of

the

within

voting rights.

right

provides

Section

notice

to

IV

Exhibit " B"

the

been

full

the

directors

announced

Respondent

25

of

member.

a

office.

the

2010.
the

member

a

members

Respondent

has

member

Life."

V,

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member

a

election

hold

to

card

general body meeting Article

such

for

become

membership

Active member has

an

Section

II,

Members
to

such

board

their

general body meeting,

annual

an

Article

12

4

to

Jama' at

respondent

24

affords

will

applicant

membership applications."

active

annual

an

the

receive

the

an

Provided that

prior

19

of

that

bylaws

months

15

to

prior

Board,

shall

receipt

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8.

11

members

upon

8

10

the

approval by

candidate
per

for

position."

each

for

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nomination

35

active

position.

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the

a

members

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nomination

of

shall

rule

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PETITION FOR WRIT OF MANDATE

 1

not

2

by

3

a

4

the

in

contained
law

and

the

lacked

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condition

nominating

for

5

13.

6

General

7

directors]

8

February

9

individually (

be

must

and

channels.

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in

12

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13

nominating

14

Jama' at.

15

14.

No

Jama' at

the power

candidate

bylaws

of

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to

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the

submitted to

Board

known

19

newsletter

20

also

21

present ( provided

22

be

approved.

23

to

the

24

failed to

25

that

26

including

27

members

5

General

membership

required
such

Directors

of

a

two

a

thirds ( 2/ 3)

and

achieve
members

a

quorum at

present

changes

Eligibility

to

a

of

passed

condition

a

the

of

proposed bylaw

one

more

allowing

a

the

make

Jama' at

via

Article

VII

active

members

amendment

or

amendments

bylaw

majority

to

notice

any,

Assembly Meeting
or

to

amendments

proposed bylaw

proposed bylaw

for

respondent

days prior

the

and

law;

by

respondent

vote

contained

not

Assembly Meeting.

General

purportedly
to

any

provide adequate,

to

the

the

is

of

30

than

postal

such

that

later

certified

required

impose

for

mailed

must

proposed bylaw

for

other members

amendment

make

that

majority

failed

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it

no

form [

be

forms

Directors

of

any

quorum exists)

Board

Annual

the

for

nomination

Directors

of

General

the

days before

petitioners

15.

of

Board

notice

bylaws requires

18

28

the

is
to

authority

or

following General Assembly Meeting,

to

impose

restriction

nor

17

an

to

registered/

This

amendments

the

authority

Jama' at]

through

16

requires

it

nominations

exceptions."

Article VIII

30

is

the

FJIA [

All

household)

respondent

the

nor

bylaws

the

that "

B")

midnight.

per

service

to

to

in

announced

received by the

2010

10

be

power

candidate

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meeting (

a

s

the

a

also

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13,

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respondent

the

respondent

but

and

claims

amendments,
of

6

board

bylaws.
vote

at

the

General

Assembly

Meeting

was

PETITION FOR WRIT OF MANDATE

 1

determined

2

list;

3

denied.

4

of

5

of

6

directors

7

arbitrary

8

compiled

9

compliance with

a

the

10

by the
of

copy

That

Board

which

list

is

purportedly based
from

requested

was

incomplete

bylaws,
of

someone

the

the

made

list

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or

the

Jama' at,

decisions

based

on

list

is

12

bylaws,

13

consideration

14

members

a

16

admitting

17

Article

members

II,

b)

Sections

From

20

membership

21

corporate

22

criteria

23

either

24

described

25

respondent

26

over

27

application

28

respondent

80

I

the
in

and

to

two

to

and

II

board

of

in

an

and

applications
rather

and

than

applicants

at

submittal

as

II,

any

bylaws

of

above.
to

is

violation

Sections

I

and

II

in

of

the

of

the

application
individual

respondent Jama'

Jama' at

who

2009,

these

categories
14

in

and

board

at,

eligibility requirements

are

at

Respondent

of

failed

s

30,

Article

paragraph

Jama' at'

the

I

that

for

contained

are

in

II;

June

All

in

Jama' at

was

in violation

basis

officers,

the

the

applicants

delivered

contained

of

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admit

secretary.

of

hoc

membership

individual

following

the

January

were

but

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motivation

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board members

to

failed to

17.

6

of

it

be

without

so

in

engage

process,

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a)

did

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is

than

invalid because,

approval procedures contained in Article

19

it

membership

on

11

or

ad

membership

bylaws.

membership

whoever

an

personal

upon

other

persons

2009

respondent

invalid because

or

some

respondent

manner,

16.

18 (

the

approval procedures contained in Article II,

the

15 (

its

upon

least

via

Sections

I

membership.

the
II

and

The

of

and

let

issue
alone

within

acting

fell

6

Section

into

admission

directors

membership

II,

s

eligibility

membership

board

for

applications
Jama' at'

met

and

to

mandatory

required by Article
even

212

the

applicants

consider
time,

entitled

for
cards

the
to

weeks

of

II ( 0)

of

though these applicants qualified

for

PETITION FOR WRIT OF MANDATE

 1

active

2

of

3

so.

4

though

directors

each

entitled

was

the

7

incomplete

8

used

9

to

at,

vote

list

membership

determine

and to

renders

members

this

a

the

at,

quorum

defect,
of

March

Respondent

members
13,

on

list

membership

the

list

the

as

even

foregoing applicants

the

Notwithstanding

defective.

and

include

to

do

to

bylaws

Member.

Active

of

status

active

as

defective

this

failure

s

list

membership

the

to

its

to

board

its

membership list

2009

from the

omitted

and

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respondent

mandatory duty pursuant

a

were

Respondent'

18.

6

10

under

was

the

though

even

applicants

These

5

and

membership

eligible
General

2010

Assembly Meeting.

11

19.

No

proper

12

Meeting.

All

action

13

void.

14

Petitioners

20.

and

taken

are

15

affairs

of

the

organization

16

to

vote

in

the

election and

17

right

18

members

19

legal operation

20

and

to

of

the

respondent
of

signed by Riazal

22

2008

23

the

24

directors

25

identified you

26

the

27

do

28

matter

had

incumbent
not

put

of

a

Jama' at

the

as

a

Board

a

and

State

of

behalf

on

These

letters

for

signatory

of

members,"
the

board

an

The
of

of

bylaws

null

and

in

the

right

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in

duty

about

that
the
to

they

are

and

proper
its

bylaws

California.

the

hold

letters
board

dated

of

the

or

The

hold

or

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order

respondent

anyone
to

for

board

the

that

because "

30,

June

directors

restraining

for

directors
on

had

adherence

the

unlawful

membership application

who

represented
on

is

present and substantial

clear,

concerned

are

Assembly

interested

persons

respondents

put these applications

provide
to

the

Jama' at,

Anwar

Jama' at.

respondent

have

they
of

and

members

as

meeting

that

at

beneficially

persons

respondent
laws

approved

General

the

at

applicants received identical

These

21.

7

performance

Corporation

the

21

the

achieved

was

quorum

else

deny

an

of
has

against
Jama' at

for

that

applicant

PETITION FOR WRIT OF MANDATE

 1

membership

2

qualifications provided

3

under

4

more

of

one

22.

the

two

Mohammed

7

These

8

though

9

individuals

individuals

11

application

12

illegal '

13

board

14

respondent

15

directors

or

6

membership

on

7

the

LDF'

to

under

ground just

qualifications

into

otherwise

fall

19

membership

admission

20

23.

more

Additionally,

21

Jama' at

22

Khan,

23

Mohammed,

24

H.

25

Mohammed

Ashik,

26

received

identical

27

or

28

application

8

the

timely

were

Mohammed

Hanif,

Isa

of

one

the

24,
was

rejection

2008,

in

and

denied because

each
each

I.

dated
was

the

board

and

I

of

applicant

an

meets

and

II

of

mandatory

in

the

respondent

Khan,

Mohammed

I.

Khan.
either

advised

allegedly "

Shaheed

of

Mohammed

Khan,
These

Yusuf

the

signed

Ali,

applicants

December

that

had

A.

Khalil,

by the families

Mohammed

Abdul

letters

which

membership

and

Khan,

The

above.

Mohammed

H.

for

categories

Khan,

Mohammed
Rahman,

two

S.

Shah,

elected

referee."

Sections

Nazrana

Imtiaz

their

that

legally

deny

Khan,

Mohammed

Abid

II,

for

Julekha

Mohammed

the

to

2008.

applicant otherwise

an

described

fully

by

matter

Article

Ismail,

Kamal

November

in

applications

filed

Janif,

that

26,

contributed " to

had

of

even

These

II.

Respondent

appointed

stated when

provided

18

court

and

dated March

allegedly

Ashik.

membership
I

provide authority

not

for

by

elections

AGM

of

do

else

anyone
the

the

bylaws

letters

timely

Mohammed

for

Sections

II,

they

and

ected

rej

advised

were

were

Ali

Yusuf

rejection

supervision

Jama' at

by

were

because

blockade

the

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of

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of

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8

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bylaws;

s

c.

in Article

all

all

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action.

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For

attorney fees

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19

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relief

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The

41.

22

petitioners,

paragraphs

1

24

completely

set

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26

petitioners

27

duties

28

eligibility

19

in

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through

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forth

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and

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ACTION

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of Action

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reference
as

though

full.
between

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and

controversy has

the

criteria

petitioners
contained

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Article

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II,

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descendent

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at

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futile

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to

s

attempt

so.

petitioners

declaration

prays

judgment

as

follows:

that:

only the membership eligibility criteria contained in Article

II,

Sections

26

for

membership in

applicant

been

the

25

b)

further,

qualifies

order

Any and all remedies pursuant

if

membership applications

and

Muslim ( Sunni)

circumstances

their

1.

20

bylaws

judicial declaration is necessary

23

28

for

apply

desire

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may

become

WHEREFORE,

27 (

in

not

provided in

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22

24 (

in

who

shall

16

bylaws

II

Sunni)

44.

20

and

and

as

applicant

above]

who

petitioners

duties,

for

respondent disputes these contentions and

criteria

those

deny

applications

only the membership eligibility criteria contained in Article

a)

11 (

whereas

other

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and

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that
who

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as

II

the
is

is " A

may

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and

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Sunni)

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II,

or

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descendent

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of

a

an

Fij

i

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2[

Muslim (
above]

3

2.

4

3.

5

and

6

Sunni)
shall
For

For

and

become

costs

such

of

his/ her
an

Active

suit

other

member

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qualifies
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incurred;

further

relief

Section

under

bold

Jama' at." (

1

added).

and
as

the

court

may

deem

just

proper.
DATED:

June

30,

2010

LAW

OFFICES

OF

DAVID

M.

McKIM

7

By

8

oq -

Attorney

9

for

Petitioners

10
11
12
13
14
15

16
17
18
19
20
21
22
23

24
25

26
27

28

21

PETITION FOR WRIT OF MANDATE