KUALA LUMPUR: The children rescued from charity homes affiliated with GISB Holdings Sdn Bhd (GISBH) must be given proper education to prevent them from continuing down the wrong path, said Federal Territories Syariah Lawyers Council president Datuk Zainul Rijal Abu Bakar.
He pointed out that a more critical issue involves determining the children’s lineage.
“As reported by the media, there is a possibility that the parents’ marriages were either unregistered or not in accordance with Islamic law. This could lead to the children being classified as illegitimate or as anak wat’ie syubhah (children whose lineage is unclear due to an invalid marriage under Syariah law),“ he said in a statement today.
Zainul Rijal explained that under Islamic law, the legal implications for legitimate, illegitimate, or wat’ie syubhah children differ significantly.
He stressed that it is essential to first confirm the biological parents of the children, recommending a Deoxyribonucleic Acid (DNA) test with an accuracy of 99.9 per cent to ensure this.
He noted that although individuals have the right to refuse DNA sample collection under Section 13(7) of the DNA Identification Act 2009 (Act 699), authorities are still permitted to collect samples from suspects, detainees, and prisoners for investigative purposes.
“Once the biological parents are confirmed, the next step is to assess the parents’ marriage ceremony to determine whether it complies with Islamic law. If the marriage is lawful under Islamic law but not officially registered, an order from the Syariah Court must be obtained to formalise the marriage and subsequently legitimise the child.
“However, if the marriage is deemed invalid according to Syariah law, the court will declare the children as illegitimate or wat’ie syubhah,“ he said.
Zainul Rijal also highlighted the importance of addressing child custody and care. He suggested that the State Islamic Religious Councils should consider creating a special fund, in collaboration with the Department of Social Welfare (JKM), to ensure proper care for these children in designated facilities.
“Regardless of the child’s status, their welfare must be a priority. JKM may not have the capacity to accommodate all of the affected children, which makes establishing dedicated care facilities essential. This is critical to help undo the indoctrination they may have experienced,“ he added.
Zainul Rijal further urged the Immigration Department and Malaysian embassies abroad to take proactive measures to bring back Malaysian children involved in GISBH’s practices overseas and provide them with appropriate education.
“Even though these children are abroad, their welfare and faith must still be safeguarded. They should be repatriated swiftly and given proper guidance and care,“ he added.
He also called on the government to adopt a coordinated approach in handling the broader issues related to GISBH, particularly those affecting children, and stressed that those responsible for the exploitation must face justice.
Yesterday, Pahang became the third state, after Perlis and Selangor, to officially declare GISBH’s practices and beliefs,allegedly tied to child exploitation and religious fanaticism, as deviant and misleading.
In early September, the police launched ‘Op Global,’ raiding charity homes across Peninsular Malaysia linked to GISBH following allegations of child exploitation and religious misconduct.
As a result of these raids, 572 victims were rescued, and 359 GISBH followers, including members of the organisation’s top management, were arrested.
