Global Ikhwan Service and Business Holding (GISB) When the long arm of the law seems too short

 

Exterior view of Global Ikhwan Services and Business Holdings (GISBH) headquarters in Rawang on Sept 12, 2024. - (Photo by FAZRY ISMAIL / EPA)

Global Ikhwan Service and Business Holdings (GISB), a company embroiled in controversy recently over the exploitation of children in 20 charity homes, was originally founded by the banned Al-Arqam leader, Ashaari Muhammad, under the name Global Ikhwan Sdn Bhd.

According to GISBH Holdings' 2024 corporate video on the company’s website, after Ashaari’s death in 2010, GISBH was led by two former executive chairpersons, Hatijah Aam who was Ashaari's wife and Datuk Mohd Rasidi Abdullah.

Currently, GISBH is headed by Datuk Nasiruddin Mohd Ali, who served as both executive chairman and chief executive officer.

Based on the website, the company was established to promote an Islamic way of life in all aspects, including education, arts, culture and agriculture.

At present, GISBH operates 415 business networks in 20 countries, including Britain, the UAE and France.

GISBH employed 5,346 people across 25 of its subsidiaries, with key assets such as restaurants in London, Paris, Istanbul, Dubai and Makkah; accommodations in Turkey; a hotel in Sarajevo; and a 48-hectare farm in Perth, Australia.

"There are 1,656 families within GISBH and its business network, 425 of which are polygamous families," according to the corporate video.

- SinarDsily.

With every revelation related to Gisb, more questions emerge.

WE should all be shocked, angry and, yes, absolutely disgusted, which was how Federal Police Criminal Investigation Department director Datuk Seri Mohd Shuhaily Mohd Zain felt regarding the investigation into Global Ikhwan Service and Business Holding (GISB).

“All I can say is... In this case, I am disgusted by the findings (of the investigation),” he told the press. This was in the early days following the police’s Sept 11 raid of 20 GISB-RUN charity houses in Selangor and Negri Sembilan. A total of 402 children aged between one and 17 years were rescued, and 171 individuals were arrested.

While Shuhaily declined to explain his feelings of disgust, the nation soon knew the reason: Many of the children in those homes were subjected to horrific treatment and exploitation.

By Monday, the number had risen to 572 children rescued from GISB care homes, said Home Minister Datuk Seri Saifuddin Nasution Ismail, who added that the authorities had opened 80 investigation papers against the company and 359 individuals associated with the company had been detained in connection with the ongoing investigation.

This is unfortunately shaping up to be Malaysia’s worst child abuse scandal. But possibly, the most shocking revelation is that the children are not orphans but third or fourth-generation offspring of GISB members, who are estimated to number about 10,000.

Inspector-general of Police (IGP) Tan Sri Razarudin Husain disclosed that the children were separated from their parents from as young as two years old and spent their formative years entirely in these homes.

The public also got to know that GISB goes back to the outlawed organisation Al-arqam. Older Malaysians will recall how Ashaari Muhammad, the founder, was arrested and Al-arqam banned in 1994 for deviant teachings. But the movement did not die out, with the remnant followers keeping Ashaari’s ideology and business activities alive by setting up Rufaqa Corporation.

When the government went after Rufaqa for trying to revive Al-arqam, it morphed into GISB, which was established by Khadijah Aam, Ashaari’s widow, before his death in 2010.

According to reports, GISB positions itself as a bumiputra-muslim-run business with assets worth Rm325mil and an annual revenue of Rm187mil, and numerous supermarkets, bakeries, pharmacies, factories and restaurants in Malaysia and 20 other countries.

The Malaysian Reserve reported that it even has accommodations in Turkiye, a hotel in Sarajevo, Bosnia-herzegovina, and a 120acre estate in Perth, Australia. It has more than 5,300 employees under its 25 subsidiaries.

Just how this group could flourish under the guise of another name in the last 15 years or so is simply mind-boggling. Understandably, people and civil groups like G25 are asking why action was only taken now when Razarudin said police had been investigating 41 police reports over the allegations since 2011. Not only that, the Malaysian Islamic Development Department (Jakim) was also aware of the issues surrounding GISB since 2019.

By way of explareligion,nation, the IGP said it could only make the arrests after receiving “credible evidence” while Jakim director-general Datin Hakimah Mohd Yusoff claimed action was taken against the company since February 2019 in the form of 12 meetings, workshops, special task forces and collaborations with national security agencies such as the National Security Council, Home Ministry, and police. Go figure.

As for the credible evidence, was it supplied by the Malaysia Centre for the Study of Heresy (Pukas) when it revealed GISB’S alleged deviant activities on its Facebook page?

Whenever illegal and immoral activities are done behind a veil of religiosity, the authorities will understandably want to tread carefully. But 13 years of investigation is jaw-droppingly slow.

If Jakim had pushed for real action five years ago, how many of the 572 children could have been spared the inhumane treatment and indoctrination they went through? At least one teacher has pleaded guilty to four charges of abusing three boys and was sentenced to 10 years’ jail by the Klang Sessions Court. Police said these children are

nd third or even fourth-generation offspring, which shows how long this has been going on and how tightly controlled GISB members are.

While the children have been rescued, they may face further problems with their status. According to press reports quoting Syariah Lawyers Association of Malaysia president Musa Awang, they could face the risk of being declared anak wati’ syubhah (children born from illegitimate intercourse) under syariah law if the parents cannot prove their marital status.

Weeks after the police raids on the homes, none of the parents of the rescued children had come forward to claim their children, Razarudin said, because to do so would expose their facade of presenting the charity homes as orphanages to solicit donations.

Surely it can’t get uglier than this – parents denying or abandoning their children to save their own hides. Will the authorities resort to DNA tests then to match children and parents?

What has also emerged from this scandal is the claim and counterclaim between agencies. On Sept 25, Razarudin had asserted that its investigation with the Inland Revenue Board (LHDN) under the Income Tax Act 1967 showed that the company had never paid their relevant taxes.

On Monday, however, LHDN issued a statement saying the IGP was only referring to the current assessment year, and that it had conducted more than 60 audits on GISB, its associated companies and individuals in previous assessment years, resulting in fines that had been paid by the respective taxpayers.

The Selangor Zakat Board has also come out to say the 20-plus Gisb-linked companies had never paid their business zakat (tithe). This coming from a self-styled bumiputra-muslim company is truly despicable.

Yet another revelation on Monday showed how widespread the company’s tentacles went.

According to Malaysia Competition Commission chairman Datuk Seri Mohd Hishamudin Yunus, GISB Travel & Tours Sdn Bhd is among 81 companies that might face financial penalties for allegedly participating in a price-fixing agreement for umrah travel services in Malaysia from early 2023.

While Perlis Mufti Datuk Mohd Asri Zainul Abidin – who, in early September, urged the authorities to investigate GISB – has issued a fatwa declaring the group’s beliefs and teachings to be deviant and a continuation of Al-arqam, other states have yet to do so.

Declaring fatwas against them, shutting down their businesses, freezing their bank accounts, and arresting and charging the perpetrators are all well and good. But all this still pales in comparison to what they have done to hundreds of vulnerable, innocent children for decades.

One might say it has nothing to do with religion, or rather that the religion was misused. But this country needs to do more against those who will use religion to mislead many for their evil and self-serving ends.

What we need is a Royal Commission of Inquiry to find out exactly how and why, despite numerous reports lodged against it, a banned deviant group was allowed to keep reinventing itself into a multi-national empire and evade taxes, brainwash thousands of followers and run homes of horror for children for years.

His Majesty Sultan Ibrahim, King of Malaysia, has called for a thorough investigation into the alleged crimes and child abuse, and Prime Minister Datuk Seri Anwar Ibrahim has also spoken: No one can hide behind religion or race if found guilty of child abuse or exploitation. “Do not use race, do not use religion. If you are oppressive, break the law, or abuse and mistreat children, you are in the wrong.”

The views expressed here are the writer’s own.

JUNE HL Wong

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Early planning under Bill: Lasting Power of Attorney (LPA)

 PETALING JAYA: The proposed Mental Capacity Act will empower Malaysians to plan in advance on the management of their property and legal decisions before they become mentally incapacitated.

Mental capacity generally refers to the ability of a person to make autonomous decisions and includes understanding and reasoning of information, said Assoc Prof Dr Nora Mat Zin, a consultant psychiatrist at International Islamic University Malaysia’s Kuantan Campus.

“Mental capacity can be affected by many reasons such as intellectual ability, brain damage, physical and mental illness. Chronic mental illness may complicate the cognitive ability and impair the thinking process,” she said.

As such, she said the Mental Capacity Act provides significant advantages for mentally incapacitated individuals concerning their estate and will.

She said the proposed Act would provide clarity and a legal framework to assess one’s capacity if there is a dispute among family members regarding the ability of the person to make a will or manage their estate.

“The disagreement between the concerned parties would also be resolved as the Act provides a path to court protection,” she said.

Lawyer Rajesh Nagarajan said unlike the Mental Health Act, where a court-appointed committee steps in only after someone is declared mentally incapacitated, the proposed Mental Capacity Act would allow individuals to take control while they still have the capacity to do so.

“With the proposed Act, people can appoint a trusted decision-maker through a power of attorney, ensuring their estate is managed exactly how they want it to be done,” he said.

On factors that need to be considered in drafting the Bill, Rajesh said the legislation should be laid out in plain language.

“It is crucial that anyone who needs to plan for their future can actually do so without having to interpret complex legal language,” he said.

ALSO READ: Psychological issues to be covered

He also emphasised on the need to ensure those entrusted with power are held accountable.

“There must be strong oversight mechanisms to prevent any misuse of power.

“The proposed Act should also allow for changes to be made based on differing circumstances.

“Finally, public awareness and education should be part and parcel of enactment of any legislation, especially a social legislation like this,” he added.

The Association of Women Lawyers (AWL) said a Lasting Power of Attorney (LPA) will be activated in the event a person becomes mentally incapacitated temporarily or permanently.

“This could be due to onset of dementia, Alzheimer’s or other illness affecting mental capacity. It could also be for a specific period after surgery or if treatment requires ventilation,” it said.

The person giving the LPA will be called the donor and the person appointed to be surrogate decision-maker is referred to as the “donee”.

According to AWL, the LPA would be lodged in the Registrar under the Court of Protection under the Mental Capacity Act.

This would be similar to what is currently done in Singapore and the United Kingdom.

AWL said the LPA allows for advance planning and thus will not compromise the affairs of the individual in the event of mental incapacity.

“Affairs here can refer to health, wealth and well-being.

“For children with impaired mental capability, their parents can plan for their future when they reach adulthood and are unable to plan for themselves,” it said.

“We must be reminded that the LPA is not just confined to persons with disability but also to everyone living in Malaysia who may face a period of mental incapacity.

“The challenge is that people may be unaware of the existence of the LPA and not understand its importance.”

As such, AWL is calling on the government to raise awareness.

“It is urgently needed to address the gap in our law, especially when Malaysia is reaching an ageing population status by 2030.”

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Psychological issues to be covered in new Bill

‘Focus on long-term gains’: benefits of pursuing tertiary studies far outweigh upsides of being a gig worker

 

Brighter future: Numerous studies suggest that college life most often leads to more holistic individuals. – 123rf.com

 

Benefits of pursuing tertiary studies far outweigh upsides of being a gig worker

THE last couple of weeks had been a rather busy period for many universities and colleges which had their open days where they showcased their courses.

While most education fairs witnessed a fair share of visitors, the decline in the number of students completing their Sijil Pelajaran Malaysia (SPM), and the issues surrounding this, has caught the media’s attention.

In 2022, for instance, 3.8% or 14,858 of first-time SPM candidates were absent for at least six subjects. In 2021, the figure was close to 10,700 students.

In another report, a staggering 72.1% of SPM graduates surveyed revealed that they had no intention of pursuing a higher qualification. The same report also purported that Malaysia is not alone in witnessing this trend. In the United Kingdom, for example, only a third of school-leavers feel that obtaining a university qualification is vital.

Naturally, the following questions warrant answers: Why aren’t all qualified school-leavers excited to continue their studies? Where are they in the economy if they do not? Is obtaining a higher education qualification still vital given the massive role technology plays in our lives?

Reports by various commentators suggest that three possible reasons explain this trend.

Firstly, this may have to do with the prevalence and growth of the gig economy. Malaysia Digital Economy Corporation (MDEC), in a published report, projected that the Malaysian gig economy would grow to a minimum of RM650mil in 2025, largely due to the growth and development of local platforms.

The growth in the gig sector seems to be in tandem with the number of school-leavers in search of gig jobs.

Research suggests that gig workers can earn anything between RM2,500 and RM5,000 per month, with some claiming to even exceed RM6,000 per month.

One could argue that gig jobs seem more lucrative relative to the median salary of RM2,062 as per the Department of Statistics Malaysia (DOSM) reports in 2020.

In essence, the allure of gig money seems to be driving segments of school-leavers away from pursuing higher education.

The temptation of becoming a professional social media influencer could be another factor.

The ubiquitous nature of the Internet, coupled with the ease of using social media platforms to create content, is seen by some to be an alternative to higher education.

A third reason could be the belief that a higher education qualification may not necessarily guarantee better employment prospects.

While these are fair and logical arguments, there are many points in favour of having a higher education qualification. Let’s examine some of them.

Issues with gig jobs 

A gig worker is someone who works based on freelance contracts, usually short-term, in contrast to a longer-term fixed-salary position with an organisation.

Various industries hire gig workers, and these include the information technology, administrative, and creative sectors.

However, close to 72% of surveyed SPM school-leavers in Malaysia expressed interest to work in either the e-hailing or social media influencer sector of the gig economy.

The short-term benefits of working in such positions in the gig sector include flexible work hours, a low level of commitment expected from employers, and opportunities for working anywhere, anytime.

However, the main challenge of gig workers, particularly in the e-hailing sector, is the lack of a safety net. Typically, gig workers are not entitled to perks such as healthcare and retirement benefits.

In Singapore, Grab recently announced laying off 1,000 employees to remain competitive.

When companies in the gig sector decide to slash payrolls, gig workers are often to be first at risk.

In sum, while the allure of short-term gain is there, securing long-term and more sustainable employment, with a better safety net, may require higher education qualification.

Personal development

Numerous studies suggest that college life most often leads to more holistic individuals.

According to a recent study by the Utah State University in the United States, the major benefits of a college education include producing individuals who are more mature, confident and have a stronger sense of self.

This report also suggests that individuals with higher qualifications tend to have higher ethical and moral standards.

A three-to-four-year college process and activities allow individuals to work in teams and with people from different cultural backgrounds, thus allowing them to make more balanced, reasoned, and generally unbiased judgements.

Some studies also state that a college education often leads to individuals who are more disciplined and professional in nature.

Networking opportunities

Larry Page and Sergey Brin, the founders of Google, met while pursuing a doctoral degree in computer science at Stanford University in the US.

A major benefit of pursuing tertiary education in this context is the vast networking opportunities that it offers.

Many successful companies have been founded based on the strong bond individuals built and developed as they ventured on the college journey together.

Although there are successful entrepreneurs who never finished college, the numbers who do, and start something after that, are significant.

Simply put, higher education is not about the pursuit of knowledge alone, but should be viewed through the lens of opportunities that it has to offer by connecting people. This is something that short-term monetary gains can never buy!

Keeping it relevant

To ensure young adults are lured into the mainstream higher education pathway, colleges and universities have a major role to play.

Firstly, these institutions must ensure that the programmes they offer are in line with what industries require.

Stated differently, the onus is on these institutions to produce highly employable graduates. This means continuous improvement to the curriculum, and taking input from industry players, is a must across all disciplines.

Programmes related to computing, technology, and engineering must be developed with future industry trends in mind. For example, in the tech sector, jobs such as prompt engineers, full-stack developers, blockchain developers, and cybersecurity experts are set to command higher salaries.

Institutions that offer such programmes will be sought after and thus remain relevant in the long run – and perhaps attract teenagers who may otherwise opt out and become part of the gig sector.

My son, a budding musician who wants to make it big and seek a career in the digital music industry, assured me that despite his deep interest in music, he will pursue a college degree as a backup. For a conservative and somewhat traditional family, this is reassuring indeed.

One may play a part in the gig sector. Nevertheless, do consider the long-term benefits of having a higher education qualification. Just in case.

Prof Dr Murali Raman is the deputy vice-chancellor (Academic Development & Strategy) overseeing postgraduate and continuous education at Asia Pacific University of Technology & Innovation (APU). Focused on executive training and consultancy, his niche training areas include design thinking, coloured brain communication and emotional drivers, digital economy, crafting digital strategies, and mindset change. The views expressed here are the writer’s own. 

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Protection, aid for gig workers

 

Gig economy commission to improve welfare of workers ...

In support for better protection for Gig workers

 https://www.nst.com.my/opinion/letters/2023/06/922968/support-better-protection-gig-workers

Know how this vital law protects you from fraud

 

Photo: 123rf.com

CONSUMER protection laws are designed to safeguard consumers and ensure they are not subjected to fraudulent or unethical practices by businesses. One such law in Malaysia is the Financial Consumer Services Act 2013, which aims to protect consumers from unfair or deceptive practices by financial institutions.

One issue that has received increased attention in recent years is “mis-selling” by banks selling investment products to its depositors. Mis-selling refers to the practice of selling financial products to consumers that are not suitable for their needs or financial situation, which can often result in significant financial losses.

Banks have been known to engage in mis-selling by aggressively pushing investment products such as mutual funds, stocks, and insurance policies to their depositors without adequately disclosing the risks involved.

The Financial Consumer Services Act (FCSA) seeks to address this issue by imposing strict requirements on financial institutions to ensure that they act in the best interests of their clients.

FCSA requires financial institutions to disclose information about their products and services in a clear and concise manner, to ensure that consumers can make informed decisions.

It also provides for the establishment of a dispute resolution mechanism to enable consumers to seek redress for grievances.

In addition, the Act requires financial institutions to obtain sufficient information about their clients’ financial situation and investment goals before recommending any investment product.

This is particularly important if customers do not have the same level of knowledge or experience as more seasoned investors.

The Act also provides consumers with greater protection in the event of a dispute. It establishes an independent dispute resolution mechanism that is fair and impartial to resolve complaints and disputes between consumers and financial institutions.

In addition to this, the FCSA provides for compensation for consumers who have suffered losses as a result of mis-selling. Financial institutions are required to establish complaint handling procedures that enable consumers to make complaints and seek redress. These procedures must be transparent and accessible, and financial institutions must take reasonable steps to resolve complaints in a timely and efficient manner.

The FCSA also provides for enforcement measures to be taken against financial institutions that engage in unfair and deceptive practices. This includes fines, penalties, and other sanctions that may be imposed by the regulator.

These measures are designed to deter financial institutions from engaging in practices that are harmful to consumers.

It is important to note, however, that consumer protection laws are only effective when they are enforced. Financial institutions that engage in mis-selling must be held accountable for their actions, and consumers must be empowered to seek redress when they are harmed. This requires a strong and effective regulatory framework, as well as consumer education and advocacy to ensure that consumers are aware of their rights and able to protect themselves.

The FCSA is an important piece of legislation that plays a vital role in protecting consumers in the financial sector.

It provides consumers with greater transparency and clarity in financial transactions, and ensures that they are not subject to unfair and deceptive practices.

The provisions of the Act relating to the mis-selling of investment products by banks are particularly important, as this is a problem that has affected many consumers in the past.

With the FCSA in place, consumers can have greater confidence in the financial sector and can be assured that their rights and interests are being protected.

- PROF DR ONG TZE SAN School of Business and Economics Universiti Putra Malaysia 

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Financial Services Act 2013 - Bank Negara Malaysia

 

https://www.bnm.gov.my/documents/20124/820862/Financial+Services+Act+2013.pdf

 

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