S.S.

JAIN SUBODH LAW COLLEGE, JAIPUR

Affiliated to

Dr. BHIMRAO AMBEDKAR LAW UNIVERSITY, JAIPUR

A PROJECT SUBMITTED
On Date- / /20

PROJECT TITLE –HUMAN RIGHTS IN AFRICA :THE AFRICA CHARTER

SUBJECT – PUBLIC INTERNATION LAW

SUBMITTED BY: SUPERVISED BY:

BHAWNA SONI

LL.B. II Semester (Assistant Professor)

1
 CERTIFICATE

This is to certify that the work reported in the project entitled, “MODES OF
CREATION OF AGENCY UNDER (ICA 1872)”, submitted by (Preeti
Jadhav), to the S. S. Jain Subodh Law College, Jaipur is a bona fide record of
her/his original work carried out under my supervision. The student has completed the
research work in stipulated time and according to the matter prescribed for the purpose

Place: Jaipur, Rajasthan (Signature of the

Supervisor) Date:

2
 ACKNOWLEDGMENT

I acknowledge with profundity, my obligation to Almighty God and my parents for

giving me the grace to accomplish my work, without which this project would not
have been possible. I express my heartfelt gratitude to my respected faculty, Mr.
AMAN KUMAR Assistant/Associate Professor for providing me with valuable
suggestions to complete this project work. I am especially grateful to all my faculty
members at S.S. Jain Subodh Law College who have helped me imbibe basic
research and writing skills.

Lastly, I take upon myself, the drawbacks and limitations of this study, if any.

Date: (Signature of the Student)

Place: Jaipur, Rajasthan BHAWNA SONI

(LLB 2nd semester)
 DECLARATION

I hereby declare that the work reported in this project entitled,---------------------,

submitted to the S.S. Jain Subodh Law College, Jaipur is an authentic record of my
work carried out under the supervision of Mr./Ms/Mrs ---- --. I further attest that I
am fully responsible for its content.

Date: (Signature of the Student)

Place: Jaipur, Rajasthan BHAWNA SONI

[LLB 2ND SEMESTER}

 TABLE OF CONTENTS
CERTIFICATE...............................................................................................................................i

ACKNOWLEDGMENTS..............................................................................................................ii

DECLARATION..........................................................................................................................iii

TABLE OF CONTENTS..............................................................................................................iv

LIST OF ACRONYMS AND ABBREVIATIONS.......................................................................v

TABLE OF CASES.......................................................................................................................vi

TABLE OF STATUTES..............................................................................................................vii

CHAPTER-I................................................................................................................................1-7

NAME OF THE CHAPTER........................................................................................................1

1.1 NAME OF THE HEADING...............................................................................................Pg No.

1.1.1 SUBTITLE OF THE HEADING...............................................................................Pg No.

1.2 NAME OF THE HEADING...............................................................................................Pg No.

1.3..............................................................................................................................................Pg No.

CHAPTER-I...............................................................................................................................8-14

NAME OF THE CHAPTER....................................................................................................Pg. No.

2.1 NAME OF THE HEADING...............................................................................................Pg No.

2.1.1 SUBTITLE OF THE HEADING................................................................................Pg No.

NOTE: BIBLIOGRAPHY, WEBSITES, ARTICLES
AND REFERENCES ARE NOT TO BE
CHAPTERED.
 LIST OF ACRONYMS AND ABBREVIATIONS
(This is a model draft. Students have to write acronyms and abbreviations relevant
to their project)

A&C Act - The Arbitration and Conciliation

Act, 1996 ADR - Alternate Dispute Resolution
ADRS - Alternate Dispute Resolution
Systems AIR - All India Reporter
CPC or The Code– The Code of Civil Procedure,
1908 DLSAs – District Legal Services Authorities
IBA – International Bar
Association Inf. – Infrastructure
Pvt. Private
IIAC – India International Arbitration
Centre ISBN – International Standard
Book Number LSAA - The Legal Services
Authorities Act, 1987 Ltd. - Limited
NALSA – National Legal Services Authority
NDIAC – New Delhi International Arbitration
Centre NJDG – National Judicial Data Grid
ODR – Online Dispute Resolution
S. – Section
SC - Supreme Court
SCC - Supreme Court
Cases SHA- Share Holders
Agreement
SLSAs – State Legal Services
Authorities TLSAs – Taluk Legal
Services Authorities The Code - Code
of Civil Procedure, 1908
UNCITRAL - United Nations Commission on International
Trade Law u/s – Under Section
WWW - World Wide Web
TABLE OF CASES
(This is a model draft. Students have to write cases relevant to their project)

1. Afcons Infrastructure Limited & Another.v. CherianVarkey Construction

Company Private Limited & Others (2010) 8 SCC 25 (Cited at Pg. No. 5, 9,

12)

2. Bharat Aluminum Company v. Kaiser Aluminum Technical Service, Inc

(2012) 9 SCC 648 (Cited at Pg. No. 2, 9, 15)

3. Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2003

SC 189 (Cited at Pg. No. 6, 12, 18)

4. Salem Advocate Bar Assn. (2) v. Union of India (2005) 6 SCC 344 (Cited at Pg.

No. 6, 12, 18)

5. TATA Sons Pvt. Ltd. v. Siva Industries & Holdings Ltd. (2023) 5 SCC

421 (Cited at Pg. No. 6, 12, 18)

TABLE OF STATUTES
(This is a model draft. Students have to write laws relevant to their project)

1. The Arbitration and Conciliation Act, 1996.

2. The Code of Civil Procedure, 1908.

3. The Gram Nyayalayas Act, 2008.

4. The India International Arbitration Centre Act, 2019.

5. The Legal Services Authority Act, 1987.

6. The Mediation Act, 2023.

7. The New Delhi International Arbitration Centre (Amendment) Act, 2022.

 Waqf
A waqf (Arabic: َ‫ˈ[ ;ْوﻗﻒ‬wɑqf], plural awqāf َ‫)ْأَوﻗﺎف‬, also called a ḥabs (َ‫ْﺣ ﺒﺲ‬, plural ḥubūs ُ‫ ﺣﺒﻮس‬or
aḥbās ‫س‬ َ ‫)ْأﺣﺒﺎ‬, or mortmain property, is an inalienable charitable endowment under Islamic law. It
typically involves donating a building, plot of land or other assets for Muslim religious or charitable
purposes with no intention of reclaiming the assets.[1] A charitable trust may hold the donated assets. The
person making such dedication is known as a waqif ('donor') who uses a mutawalli ('trustee') to manage the
property in exchange for a share of the revenues it generates. [2] A waqf allows the state to provide social
services in accordance with Islamic law while contributing to the preservation of cultural and
historical sites.[3] Although the waqf system depended on several hadiths and presented elements similar to
practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment
called waqf dates from the 9th century CE (see § History and location below).

Terminology
In Sunni jurisprudence, the
waqf (Turkish: vakIf)[4] is synonymous with the ḥabs (َ‫ْﺣ ﺒﺲ‬, also called ḥubs ُ‫ْﺣ ﺒﺲ‬
or ḥubus ُ‫ْﺣ ﺒﻮس‬, and commonly rendered habous in French).[5] Habs and similar terms are used mainly by
Maliki jurists.[5] In Twelver Shiism, ḥabs is a particular type of waqf, in which the founder reserves the
right to dispose of the waqf property.[5] The person making the grant is called al-waqif (or al- muhabbis)
while the endowed assets are called al-mawquf (or al-muhabbas).[5]

In older English-language law-related works in the late 19th/early 20th centuries, the word used for
waqf was
[6]
vakouf; the word, also present in such French works, was used during the time of the Ottoman Empire,
and is from the Turkish vakIf.[7]

Definition
The term waqf literally means 'confinement and prohibition', or causing a thing to stop or stand still. [8]
According to Islamic law, once an asset has been donated as waqf, it cannot be sold, transferred or given as
a gift.[9] Once a waqif has verbally or in writing declared a waqf property, it is legally conceived as the
property of Allah and must be used to "fulfill public or family needs" as a charitable social service. [10] A waqf
property can fall into one of two categories: movable or immovable. A 'movable' asset includes money or
shares which are used to finance educational, religious or cultural institutions such as madrasas or
mosques. The madrasahs and mosques themselves are an example of an 'immovable' asset, which
refers to land or structures open for public use. An important function of the latter is also to provide shelter
and community spaces to the poor, also known as the mawquf 'alayh (beneficiaries).[11]

Bahaeddin Yediyıldız defines waqf as a system comprising three elements: hayrat, akarat, and waqf. Hayrat,
the plural form of hayr, means 'goodnesses' and refers to the motivational factor behind the vakIf
organization; akarat refers to corpus and literally means 'real estates,' implying revenue-generating
 sources such as markets (bedestens, arastas, hans, etc.), land, and baths; and waqf, in its
narrow sense, is the institution(s) providing services as committed in the vakIf deed,
such as madrasas, public kitchens (imarets), karwansarays, mosques, libraries, etc.
[12]

Beyond Religion: Understanding Waqf as a Property

Management Issue
The Waqf system in India is often seen as a religious matter, but in reality, it is mainly
about property management, administration, and governance. The Waqf Act, 1995, and
its amendments focus on regulating Waqf properties to ensure they are properly used and
managed. The law defines Waqf as the permanent donation of movable or immovable
property by a Muslim for purposes considered religious, charitable, or beneficial to society.
However, the key concern is not religious practice but the proper administration of these
properties.

 The government has the authority to regulate non-religious activities of Waqf

institutions, including education, social welfare, and economic development,
under Section 96 of the Waqf Act.
 The Central Waqf Council (CWC) and State Waqf Boards (SWBs) oversee and
regulate these properties to ensure transparency and legal compliance.
 Indian courts have ruled that Waqf Boards are statutory bodies responsible
for property management, not religious organizations.

Several court decisions have reinforced that Waqf property management is a non-religious
function:

 Syed Fazal Pookoya Thangal vs Union Of India (Kerala High Court, 1993) –
Clarified that the Waqf Board is a government-regulated body, not a religious
representative.
 Hafiz Mohammad Zafar Ahmad vs UP Central Sunni Board of Waqf (Allahabad
High Court, 1965) – Ruled that a mutawalli (Waqf caretaker) does not own Waqf
property but only manages it.
 Tilkayat Shri Govindlalji Maharaj vs State of Rajasthan (Supreme Court, 1964) –
Declared that managing temple properties is a secular duty, a principle that also applies
to Waqf properties.

Waqf properties in India face major issues, including mismanagement, illegal occupation, and
lack of transparency:

 The WAMSI portal reports that over 58,898 Waqf properties are illegally occupied.
 Cases of questionable claims by Waqf Boards include:
o Govindpur, Bihar (August 2024) – The Bihar Sunni Waqf Board claimed ownership
of an entire village, leading to legal disputes.
o Kerala (September 2024) – Around 600 Christian families protested after the Waqf
Board claimed their ancestral lands.
 o Surat, Gujarat – The Waqf Board declared the Surat Municipal Corporation
Headquarters as Waqf property, despite it being a government building.

Instances of non-Muslim properties being arbitrarily declared as Waqf have raised

concerns:

 In Tamil Nadu, the Waqf Board claimed the entire Thiruchenthurai village, affecting
the property rights of non-Muslims.
 A total of 132 historical monuments were declared Waqf properties without proper
documentation.

The Waqf (Amendment) Bill, 2025, has been introduced to improve

transparency and fairness in Waqf administration. The key reforms include:

 Ending arbitrary property claims – Section 40, which allowed Waqf Boards to
unilaterally declare any property as Waqf, has been removed.
 Digitization of records – Waqf properties will now be documented digitally to prevent
illegal claims and improve tracking.
 Strengthening dispute resolution – Waqf Tribunals will be given more authority to
resolve property disputes efficiently.
 Ensuring accountability – Non-Muslim members will now be included in Waqf
Boards to promote fairer decision-making.

WHAT IS SADAQAH
Sadaqah is charity given voluntarily in order to please God.

Sadaqah also describes a voluntary charitable act towards others, whether through
generosity, love, compassion or faith. These acts are not necessarily physical or
monetary. Simple good deeds such as a smile, or a helping hand, are seen as acts
of sadaqah.

Anyone can give sadaqah for any amount. Some of the companions of the Prophet
(peace be upon him) were incredibly generous in giving sadaqah often giving away
large portions of their wealth and keeping only enough to meet their needs. A good
balance for us may be to divide our wealth between that which we need, savings and
sadaqah.

The Prophet (peace be upon him) would give charity throughout the year but
increase his sadaqah during Ramadan. Ibn Abbas (may Allah be pleased with him)
said, “The Prophet (peace be upon him) was the most generous of people, and he
was most generous during Ramadan” (Hadith, Bukhari).

What does Sadaqah mean?

The literal translation is ‘righteousness’. However, in the modern-day context, it has
come to mean ‘voluntary charity’. The word stems from ‘sidq’, which means sincerity.
This suggests that sadaqah is a righteous behaviour, which shows sincerity of faith.
1. Mahomed Oosman vs Essack Saleh Mahomed
Vanjara (1935), Bombay High Court

This case carefully examined offerings (often termed sadaqah) made at shrines/dargahs. The
court held that such donations create a trust, with the collector expected to use them for
upkeep or religious purposes. Donors are presumed to expect that funds serve charitable ends,
including shrine caretaking—not payment to individuals for personal use.

2. Charity Commissioner vs Shaikh Kasam

Shaikh Hussain and Others (1986), Bombay
High Court

Here, the court clarified roles within religious institutions. A Mujawar, though involved in
maintenance, is not the owner of offerings at the dargah—they are public trust property. After
necessary upkeep, remaining funds must go towards religious or charitable causes, and
managers must account for them.

3. Syed Hussain Ali vs Durgah Committee,

Ajmer (1959)

Affirming that customs govern usage of offerings, the court leaned on precedent—the
Chandabhoy Galla case—treating shrine offerings as charitable trust property, not private.
Sajjadanashins (hereditary caretakers) may use surplus funds, provided they aren't misused,
but they can't claim personal ownership.

4. Chandabhoy Galla Case (1921)

This historic case involved the Dawoodi Bohra community and the management of funds
donated via the galla (offering box) at a tomb. The court affirmed that such donations are
held in trust, passed along to the rightful religious successor (Dai al-Mutlaq), not individuals
acting privately.

5. Syed Ahmed & Ors. vs Julaiha Bivi & Ors.

(1946)

This judgement held that religious acts—like reciting the Quran at the tomb of the deceased
—were not necessarily “charitable” in the English legal sense. However, under Muslim law,
religious and pious acts have always been recognized as valid objectives in wakf or
charitable trust arrangements.
 DIFFERENCE BETWEEN WAFK AND SADAQAH
SADAQAH WAFK

Definition: A voluntary act of charity given Definition: A perpetual charitable endowment

sincerely for Allah’s pleasure. Unlike Zakat where an asset (like land, property, or money) is
(which is compulsory), Sadaqah is optional and donated such that the asset remains intact
flexible in amount and form. It can be monetary or (inalienable), and only its benefits or profits are
non-monetary (like kindness, a smile, removing used for charitable purposes
harm, helping someone, etc.)
Nature: Can be one-time or repeated, immediate Nature: Permanent. The core asset remains
or ongoing. dedicated and cannot be sold, gifted, withdrawn,
or inherited
Usage: Directly benefits the recipient; once given, Usage: Structured and managed—usually through
the gift is fully transferred and used as needed by trustees or specialized institutions—to provide
the beneficiaries long-term services (education, healthcare,
community welfare, etc.)
Reward: Earns spiritual merit at the time it’s Reward: Known as a form of Sadaqah Jariyah,
given; in the case of Sadaqah Jariyah (“ongoing because it continuously benefits people, thereby
charity”), the rewards continue as long as the continuously earning the donor rewards—even
benefits persist. after their passing