GISBH kids may face citizenship, religious hurdles without parents: Lawyer

A lawyer has raised concerns about the potential legal and religious implications for children rescued from Global Ikhwan Services and Businesses Holdings (GISBH).

Syariah Lawyers Association of the Federal Territories president Zainul Rijal Abu Bakar said that issues surrounding the children’s citizenship status could arise if their parents’ marriages were not legally or religiously recognised.

Zainul said if the marriages were not in accordance with Malaysian law or Islamic principles, the children could be categorised as illegitimate or “wat’ie syubhah” (children with uncertain status).

“Under Islamic law, the statuses of legitimate, illegitimate, or ‘wat’ie syubhah’ children carry different legal ramifications,” the lawyer explained.

He said that DNA testing, which is 99.9 percent accurate, could help determine whether the children are biologically related to their parents.

In Malaysia, although individuals have the right to refuse DNA sample collection under Section 13(7) of the DNA Act 2009, authorities are empowered to collect samples from suspects, detainees, and prisoners for investigation purposes.

“Once the biological parents are confirmed through DNA results, the legality of their marriage must be reviewed under both civil law and Islamic law. 

“If the marriage is found to be unlawful under civil law but valid under Islamic law, a syariah court order must be obtained to recognise the marriage and the legitimacy of the children,” he said.

However, if the marriage is deemed invalid under Islamic law, Zainul said that the syariah court would declare the children illegitimate or “wat’ie syubhah”.

Custodial matters

The lawyer also said that the issue of custody must be addressed after determining the children’s lineage.

He then explained that Islamic jurisprudence on child custody involves more than just the concept of hadhanah (custody). Concepts such as al wilaya and al kafalah also play a role in Islamic custodial arrangements and may be relevant to the situation of the GISBH children.

Previously, Inspector-General of Police Razarudin Husain said that the police had identified some of the parents of the children who were rescued from GISBH-owned charity homes and orphanages.

Razarudin also said that some of the children were wrongfully labelled as orphans and given the “bin Abdullah” name by the GISBH management, raising questions about the legitimacy of their parents’ marriage.

On Sept 23, nearly two weeks after the police initiated Op Global, Razarudin stated that the parents of the 572 children and teenagers rescued from GISBH-linked charity homes had not yet come forward to claim their children.

It is believed that the parents are avoiding claiming their children to prevent exposing their strategy of presenting these charity homes as orphanages to solicit donations.

Some parents who were arrested have also denied that the rescued children were theirs. In several instances, police interrogations revealed that younger children, especially those under 12, claimed they did not know who their parents were.

Raise funds for GISBH kids

Zainul then said that Islamic religious councils across the states should establish a special fund to support the care of children rescued from GISBH.

He said this would involve collaboration with the Social Welfare Department (SWD) to ensure the welfare of these children is safeguarded.

“Regardless of the children’s status, their welfare must be prioritised.

“SWD may not be able to accommodate the large number of children involved, and as such, dedicated facilities may need to be created for them,” he stated, stressing the importance of helping these children unlearn the indoctrination they may have experienced.

Zainul also called for coordinated efforts between the SWD and religious institutions to guide the children away from deviant teachings.

Furthermore, he said that the Immigration Department and Malaysian embassies abroad should help identify and repatriate Malaysian children involved in GISBH activities overseas so they can be provided with proper education and guidance.

“There are many Malaysian children overseas who are caught up in the misguided practices of GISBH. Even though they are abroad, their welfare and faith must be protected.

“They should be brought home immediately and given the appropriate guidance,” the expert added.

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