Children residing in charity homes affiliated with GISB Holdings Sdn Bhd (GISBH) are at risk of being labeled as anak wati syubhah children born out of wedlock if their lineage is not formally recognized by their parents. This label carries significant implications under Islamic law. According to Musa Awang, president of the Syariah Lawyers Association of Malaysia (PGSM), the legitimacy of a child’s lineage in Islamic law, particularly under the Islamic Family Law (Federal Territories) Act 1984, is contingent upon the marital status of the parents.
Musa explained that a father must present a valid marriage certificate if he claims a child as his own. In the absence of such documentation, he would need confirmation from the Shariah Court to validate the marriage. This process is particularly challenging for children rescued from charity homes, as in many cases, their parents might be unaware of their existence or their whereabouts. This uncertainty complicates the recognition of the child’s lineage.
Musa also highlighted the difficulties in verifying marriages that were not legally registered or have unclear documentation. These challenges extend to proving the presence of witnesses from the marriage ceremony. If witnesses are deceased or untraceable, it could lead to the marriage being declared invalid. As a result, the child could be classified as anak wati syubhah. This underscores the importance of the child’s parents appearing before authorities to formally acknowledge their child’s legitimacy.
Without a clear determination of the children's status, they may face significant challenges in obtaining fundamental rights such as education, healthcare, and citizenship. Musa emphasized that these issues complicate their access to essential services, leaving the children vulnerable and marginalized. Under Islamic law, children abandoned or left without guardians are referred to as al-laqit. Those who discover these children are entrusted with ensuring their safety and well being by handing them over to the appropriate authorities. It is then the duty of Muslim communities, including government bodies or Baitulmal, to provide care for these children until adulthood. Alternatively, these children could be placed with Muslim adoptive families to ensure they receive proper care.
PGSM has expressed its willingness to assist the government in resolving issues related to the lineage of these children, helping to safeguard their rights and ensure they receive the necessary protection. This matter became even more pressing after police launched Op Global. Inspector-General of Police Tan Sri Razarudin Husain reported that parents of the 572 children and teenagers rescued from GISBH associated charity homes had not yet come forward to claim their children. Many parents were thought to be hiding to avoid exposure, as the charity homes had been falsely portrayed as orphanages to solicit donations. In reality, the children were offspring of members of the organization. Some parents even denied their connection to the children, and several of the children, particularly those under 12, admitted that they did not know who their parents were.
Shariah and civil law practitioner Muhammad Hariz Md Yusoff warned that children whose lineage remains unverified may be at risk of being declared stateless, which would result in the denial of citizenship. Malaysian laws are stringent regarding the issuance of citizenship, and without solid evidence, a child’s claim to citizenship could be denied. Therefore, he urged for a speedy resolution to the lineage verification process for these children, as delays could further complicate issues like inheritance.
Hariz also pointed to Section 7 of the Births and Deaths Registration Act 1957, emphasizing the importance of registering a child’s lineage. Verification should ideally occur through court proceedings. In cases where children have been abused or neglected, civil laws, such as the Child Act 2001 and the Sexual Offenses Against Children Act 2017, offer platforms for legal recourse. Additionally, guardians may be held liable for negligence.
To address these challenges, Hariz stressed the need for awareness campaigns led by non-governmental organizations (NGOs) and authorities. These efforts should aim to facilitate the verification process while ensuring that the children’s well being and rights, including the right to know their parents, are prioritized. Psychological support is also crucial in helping the children navigate the difficult circumstances surrounding their uncertain lineage.
Mathilda Binti is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.
