Contextualising Section 29A of the Education Act 1996 in Light of the GISBH Scandal

Introduction

When news of systemic abuse and neglect surfaces, it often leaves a nation shocked and searching for answers. Such was the case with the scandal involving Global Ikhwan Holdings Sdn Bhd (“GISBH”), where revelations of severe neglect towards children under their care caused widespread outrage. Among the many troubling aspects of this scandal was the failure to provide proper education to the children, as mandated by Malaysian law.

Last week, it was reported that 448 children from GISBH homes have returned to their families.[1] However, today it was reported that there are still 80 children who have yet to be returned to their parents.[2]

This article examines how section 29A of the Education Act 1996 (“EA 1996”) applies to this situation and the broader implications of non-compliance.

The Rescue Mission: Uncovering Educational Neglect

Recent investigations led by Bukit Aman’s Criminal Investigation Department uncovered shocking facts about children living in GISBH “charity” homes in Selangor and Negeri Sembilan. Many of these children, who were third- or fourth-generation residents, had not received formal education. Instead, they were subjected to a controlled environment where they were taught within these homes, outside the purview of regulated educational frameworks.

Former residents have recounted experiences of indoctrination and radical teachings at GISBH-formed schools. Children were reportedly taught to revere banned leaders, subscribe to distorted religious interpretations, and prepare for apocalyptic battles. This type of programming left the children isolated from mainstream education, effectively neglecting their right to proper schooling as required under Malaysian law.

Contravention of the Education Act 1996

Izyan Hazwani Ahmad, Principal Assistant Secretary of The Human Rights Commission of Malaysia (SUHAKAM), Office of the Children’s Commissioner, stated that the parents of these rescued children could potentially be prosecuted under section 29A of the EA 1996 for failing to provide proper education.[3]

Section 29A of the EA 1996 was inserted after the Act was passed, and took effect on the 1.1.2003. The provision mandates that every “parent” shall ensure that their child, upon turning six, attends primary school and remains for the compulsory duration of six years. Section 2 of the EA 1996 also defines “parent” broadly as it includes a guardian, or anyone who has the legal or actual control of a “pupil”, which is defined as a person of any age being provided with education or training in an educational institution. Section 29A(4) further provides that any parent who breaches sub-section (2) shall be guilty and be liable to a fine not exceeding five thousand ringgit and/or to an imprisonment term not exceeding six months.

Further, primary schools in Malaysia follow the Primary Standard School Curriculum or Kurikulum Standard Sekolah Rendah (“KSSR”) provided by the Ministry of Education. The KSSR consists of 3 modules, the Basic Core Module (Modul Teras Asas) which provides for the basic subjects like Bahasa Malaysia, English, Mandarin and Tamil for the necessary schools, Islamic Studies, Moral Studies, Physical Education and Mathematic. The second module is a Thematic Core Module (Modul Teras Tema) which covers Science and Technology, Arts and Music while the third module, the Elective Module (Modul Elektif) provides for languages like Arabic, Mandarin, Tamil, Iban and Kadazandusun.^[4]

Experiences of Former Members of GISBH

Former members of GISBH going by the names Ahmad, Latif and Abu Bakar have shared their experiences with the organisation and how they were brainwashed and the things they were taught at the GISB-formed schools.[5]

Ahmad claimed that the leaders convinced him, when he was a child at the time that they had communications with the Prophet and every instruction given by them were that of the Prophet’s and had to be obeyed. Ahmad further claimed that its purpose was to gather complete devotion and obedience from the children. Latif, on the other hand claimed that the children were taught syllabus revolved around the glorification of the deceased leader of Al-Aqram, an “Islamic Movement” banned by the Federal Government in 1994, Ashaari Muhammad who was referred to as Abuya (father). Abu Bakar claimed that he was asked to fight to meet Imam Mahadi, a figure in Islamic eschatology, who is said to appear to cleanse the world of evil and injustice at the End of Time.[6]

It is impossible to discuss section 29A without placing it together with the policies of KSSR by the Ministry of Education. To summarise, it is compulsory for children aged six as at the 1^st day of the year to be enrolled in a primary school and continue their education for the mandated 6 years while the primary schools are guided by the KSSR policies implemented by the Ministry to ensure the efficient and proper supply of education to Malaysian children.

From all the information above, it gives the strong impression that GISBH has completely neglected the law and by-laws in place. The children under their care were not provided with the compulsory regulated education as required and were subsequently indoctrinated for the benefit of their radicalised community.

Impact of Non-Compliance on Children

With all that being said, what about the children? What kind of long-term effects would they have suffered from the abuse and neglect? On the aspect of education alone, the non-compliance with section 29A in failing to provide proper education to the children may severely affect their development as individuals and face hurdles in their employment and health.[7]

One of these development issues that the rescued children could potentially face is the inability to make intelligent or meaningful decisions with regard to their health, hygiene and even political.[8] They also face a risk of abandonment, poverty and even homelessness. On top of all of that, the psychological effects of trauma coupled with all these other effects could be severely damaging on the mental state of these children which could put them in even more dangerous and neglected situations.

The Ministry of Education's Response

Fortunately, the Ministry of Education has taken a step to combat this issue and provide the proper education for these children by implementing a special education program, which has begun on the 1^st of October 2024 and which utilises the Year 1 Transition Programme Kit (Kit Program Transisi Tahun 1) and the Healthy Mind Intervention Programme Module (Modul Program Intervensi Minda Sihat). These modules will emphasis the socio-economic, cognitive and physical ability of the children and also includes literacy and numeracy. The programme is specially designed for the rescued children in order to provide formal and structured education to them. [9]

Conclusion

The GISBH scandal underscores the dire consequences of neglecting children’s fundamental right to education. Section 29A of the EA 1996 was designed to safeguard this right, but the scandal reveals the importance of consistent enforcement and proactive intervention.

While the Ministry of Education’s initiatives are commendable, long-term support will be essential to address the educational and psychological deficits these children face. As Malaysia reflects on this tragedy, the collective responsibility of society and institutions must remain steadfast in protecting the most vulnerable among us and ensuring that no child is left behind.

This article is written by Raja Nadhil Aqran (Partner) and Shanthigni Ravindran (intern). It only contains general information. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such.

To find out more, contact our lawyers at info@aqranvijandran.com.

[1] https://www.freemalaysiatoday.com/category/nation/2025/01/17/448-children-from-gisbh-homes-returned-to-their-families-says-nancy/

[2] https://www.utusan.com.my/nasional/2025/01/80-kanak-kanak-gisbh-belum-dituntut-ibu-bapa-nancy/

[3] Parents face action if children not given mandatory primary education says Suhakam, The Star

[4] What is KSSR: https://kssrpbs-sktpp2.blogspot.com/2012/07/what-is-kssr-english-version.html

[5] GISB case: Former members reveal stories of brainwashing, education neglect; The Star

[6] https://www.britannica.com/topic/mahdi

[7] https://www.unicef.org/education#:~:text=Without%20quality%20education%2C%20children%20face,for%20themselves%20and%20their%20societies.

[8] https://www.allisonacademy.com/students/education/higher-education/lack-of-education/

[9] Education Ministry launches programme for rescued GISB children; New Straits Times

‍