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Malaysia Today - Your Source of Independent News


A-G files appeal over duo’s acquittal

Posted: 26 Aug 2013 09:28 PM PDT

(Bernama) - The prosecution has filed a notice of appeal against the acquittal of two police special action unit personnel on the charge of murdering Mongolian national Altantuya Shaariibuu.

Deputy Solicitor-General II of the Attorney-General's Chambers Tun Abdul Majid Tun Hamzah confirmed that the prosecution had filed the notice at the Court of Appeal registry on Friday.

The notice of appeal was filed on the same day the court handed down its decision on the appeal of the two policemen, he told Bernama.

Tun Majid said the prosecution would file its petition of appeal within 10 days upon receiving the appeal records.

On Friday, a three-member panel of the Court of Appeal chaired by Justice Mohamed Apandi Ali freed Azilah Hadri and Sirul Azhar Umar on the murder charge after unanimously allowing their appeals.

The other two judges on the panel were Linton Albert and Tengku Maimun Tuan Mat.

Azilah, 37, and Sirul Azhar, 42, had appealed against a High Court's decision which convicted and sentenced them to death for Altantuya's murder.

They were alleged to have murdered Altantuya, 28, at Mukim Bukit Raja in Shah Alam between 10 pm on Oct 19 and 1 am on Oct 20, 2006.

Former political analyst Abdul Razak Baginda, 50, who was charged with abetting them, was acquitted by the High Court on Oct 31, 2008 after the prosecution failed to establish a prima facie case against him. The prosecution did not appeal.

In a 47-page judgment, the Court of Appeal said circumstantial evidence adduced by the prosecution were insufficient to sustain the finding of guilt of the two policemen.

It said their guilt had not been satisfactorily proven, thus the court was constrained  to give them the benefit of the doubt.

 

At Subang condo, ban against ‘African’ tenants

Posted: 26 Aug 2013 01:47 PM PDT

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Ridzuan Condominium residents had voted against renting their units to 'African' tenants. — Pictures by Choo Choy May

(The Malay Mail) - "African" tenants at a Bandar Sri Subang condominium here have three months to vacate their units after the building's management slapped an unprecedented occupancy ban on them last week.

The decision came after the majority of Ridzuan Condominium residents voted in an annual general meeting (AGM) held on July 6 against renting their units to foreigners from the continent, whom they allege to have "caused a lot of nuisance".

The Malay Mail Online sighted a copy of the memo circulated to Ridzuan residents explaining the ban, which has also been making the rounds online through Facebook.

"We refer to the above matter without prejudice and without malice," the memo dated August 19 started.

"As a result of the decision held in the AGM on 6th July 2013, the majority of the residents voted in the AGM to not letting their units for rental to Africans any more."

According to the memo, the presence of Africans has created "a lot of nuisance and problems to the community", which in turn has driven down the property value of units there.

It further asserts that owners have found it difficult to rent out or sell their units to other prospective customers due to the alleged situation.

 

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The memo on the move banning the renting of units to 'African' tenants affixed to a notice board at Ridzuan Condominium

"It was also resolved during the AGM that any resident who has an African tenant is to cancel the rental and to vacate them from their units within three (3) months from the date of this letter," it added.

It did not, however, specify the course of action — if any — that would be taken by the management should an owner or African tenant fail to comply.

It was also unclear how they plan to enforce the ban, with the only criterion being "African".

The circular neglected to specify if this ban will apply along the lines of ethnicity or nationality, nor does it mention who would be the final arbiter should any party dispute the "African" label.

The memo was signed by a Jerry Low Boon Chay, who was named as chairman of Joint Management Body (JMB) of Ridzuan Condominium.

A member of the JMB, who refused to be named, confirmed the authenticity of the memo to The Malay Mail Online through a phone call last week, and admitted to sending the memo to residents on behalf of Low.

During a subsequent visit to the condominium on Saturday, The Malay Mail Online discovered the same memo affixed to a notice board within the grounds of the property.

Ridzuan is a 14-year-old condominium situated near the PJS10 lake park, with units from 590-sq ft; rental starts from RM1,300 a month.

READ MORE HERE

 

We bungled over Islam, admits MCA

Posted: 26 Aug 2013 01:35 PM PDT

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(Harakah Daily) - "Maybe after PAS takes over the government, then they will think otherwise."

Chinese-only party MCA has admitted that its method of opposing PAS through fear-mongering tactics among the Chinese electorate has worked against it.

"The cause for the defeat of the MCA was corruption, environmental issues and good governance. These were the issues at the heart of the people, rather than the threat of hudud and PAS's Islamic state," said the party's youth leader Wee Ka Siong (pic) in an interview with news portal Free Malaysia Today.

Both MCA and its sister Chinese party Gerakan were heavily defeated in the last two general elections, following a major shift of support to Pakatan Rakyat among urban as well as non-Malay voters.

The party had hoped to make a comeback by instilling fear of Islamisation by PAS, a key member of PR. Led by its president Dr Chua Soi Lek, the party went on a campaign blitz, even taking up full page advertisements on daily papers with the tagline "a vote for DAP is a vote for PAS's hudud laws".

In his interview, Wee conceded that Chinese voters could no longer be influenced with such a campaign.

"After the general election, I can draw the conclusion that hudud is not a concern and the Chinese are not afraid of this," he said.

READ MORE HERE

 

Indonesia to host Miss World

Posted: 26 Aug 2013 01:25 PM PDT

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(Bangkok Post) - The Miss World beauty pageant will go ahead in Indonesia next month despite objections from the country's leading Islamic federation, an organiser said Tuesday.

"We have obtained support from the government so there are no obstacles," said Syafril Nasution, corporate affairs director for RCTI, the organiser and official broadcaster of the event.

"Since the beginning, we have made it clear that the event will not feature bikinis, or make use of anything that is against religious and cultural values," he said. "So we don't really understand why there are still objections."

Amidhan Sabrah, chairman of the Indonesian Council of Ulema, said it was opposed to the event because it objectified women.

"This kind of events turn women into a commodity and that is against Islam," he said. "Maybe in the West it's not a problem, but it should not part of our customs."

But Sabrah conceded that the council was not a religious police.

"We have the right to object," he said. "Whether the event will go ahead or not it's up to the government."

The semi-official council consists of religious scholars representing the country's various Islamic organizations.

The pageant is scheduled for Sept 28 in Sentul, on the outskirts of Jakarta.

READ MORE HERE

 

DAP wants RCI on May 13 riot

Posted: 26 Aug 2013 01:20 PM PDT

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DAP adviser Lim Kit Siang says the money spent to finance Tanda Putera movie will be better used to establish an independent inquiry to find out the truth behind May 13 tragedy.

(FMT) - DAP today called upon the government to establish a royal commission of inquiry to investigate the infamous May 13, 1969 race riots.

Party veteran Lim Kit Siang said that the royal commission should be tasked to find out what transpired on the fateful day, including the identity of the masterminded of the bloodbath.

"This is not the first time I am making such a call. I made the same statement in my first speech in the Parliament on Feb 23, 1971.

"Although 44 years have passed since the tragedy, we need to ascertain what really transpired on that day in order to present the historical truth to the present and future generations.

"In addition, it will also stop irresponsible quarters from raising the spectre of May 13 to blackmail voters from exercising their democratic right to vote freely," said Lim in a statement.

The Gelang Patah MP said this in response to a scheduled release of Tanda Putera movie on Aug 29, which is alleged to depict the opposition, particularly DAP, as the cause of the May 13 incident.

It was claimed that there is one scene in the movie which shows a Chinese man urinating at a flag pole at the Selangor menteri besar's office.

READ MORE HERE

 

No need for quota system, meritocracy is enough

Posted: 26 Aug 2013 12:09 PM PDT

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(MMO) - There is no need for a quota system to ensure equality in the workplace, whether based on gender or ethnicity, as quotas will only limit rather than allow actual inclusiveness, said former international trade and industry minister Tan Sri Rafidah Aziz.

The outspoken veteran politician, who was speaking at the Northern Region MNC Women's Leadership Summit, said it was time to stop the practise of having a quota system which would only create unnecessary ceilings.

"If you say you want to have a quota of 30 per cent women in a company, does this mean the company can stop at 30 per cent when it could have taken in 40 per cent or more?" she asked.

She pointed out now is the era of inclusiveness where women are included in all aspects of economic and social economic spheres be it in the workplace, organisations or any establishment.

"Inclusiveness is not about being politically correct, having a quota, appeasement of women or about tokenism," she said.

The AirAsia X chairman said it is all about including women who merit being considered and included, who have the necessary and requisite skills to add value to an organisation.

"Why have 10 women who can't even do one woman's job when you can have one woman who can do 10 women's jobs?" she asked.

She said the nation also had no more need for the system of ethnicity and ethnic-based quotas.

"This is no longer something that we can continue to press on, such as we must have a 30 per cent bumiputra when the times now is different, there are a lot of capable bumiputras who are being hired based on their merits not because they can fill the quota," she said.

She said this is now a different era from previously, when certain disadvantaged groups needed extra help and pointed out all are equally capable now and can compete based on their own merits.

She emphasised the importance of meritocracy which will ensure inclusiveness regardless of gender or ethnicity.

Though she championed the many policy changes and steps taken to ensure women are included in the workforce and decision-making, she rejected any further need for policies to push for 'women's rights'.

"This is ad nauseam. Aren't we all sick of this 'women's right' talk? 'Cakap sampai nak muntah' (repeatedly said till it causes nausea)," she said.

She said it needs to be impressed on the women, and men, that it is not about fighting for women's rights anymore but for inclusiveness and meritocracy.

"Once I get them (women) to understand this inclusiveness term, there is no need to fight for any rights, because if you, man or woman, merit it, you get it, simple as that," she said. 

Altantuya murder case: Evidence insufficient to sustain guilt of policemen, says court

Posted: 26 Aug 2013 12:04 PM PDT

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(Bernama) - "It is our judgment that from the facts of this case, namely the role of DSP Musa in bringing the two appellants into the picture of the entire episode, his evidence is essential to unfold the narrative upon which the prosecution's case is based on"

The circumstantial evidence was insufficient and not strong enough to sustain the finding of guilt of two police special action unit personnel in the murder of Mongolian national Altantuya Shaariibuu, said the Court of Appeal in its judgment.

Justice Datuk Tengku Maimun Tuan Mat, in a 47-page judgement released on Monday, said the court was constrained to give the benefit of doubt to Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar as their guilt had not been satisfactorily proved.

"We are conscious that a heinous crime has been committed but the guilt of the appellants (Azilah and Sirul Azhar) had not been satisfactorily proved...we are constrained to give the benefit of the doubt to the appellants," she said.

She said the court below had ignored and overlooked salient facts and evidence favourable to the appellants which resulted in serious and substantial miscarriage of justice to the appellants, adding that the cumulative effect of those non-directions rendered the convictions of the appellants unsafe.

Tengku Maimun also said DSP Musa Safri was an important witness to unfold the event and to offer explanation of the facts and to close the gap in the narrative of the prosecution's case.

"It is our judgment that from the facts of this case, namely the role of DSP Musa in bringing the two appellants into the picture of the entire episode, his evidence is essential to unfold the narrative upon which the prosecution's case is based on," she said.

On Friday, the Court of Appeal's three-member panel chaired by Justice Datuk Seri Mohamed Apandi Ali freed Azilah and Sirul Azhar on the murder charge after unanimously allowing their appeals.

The other judges who presided on the panel with Mohamed Apandi were justices Datuk Linton Albert and Tengku Maimun.

They (Azilah and Sirul Azhar) had appealed against a High Court decision which convicted and sentenced them to death for Altantuya's murder.

Azilah, 37, and Sirul Azhar, 42, were alleged to have murdered Altantuya, 28, at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19, and 1am on Oct 20, 2006.

Former political analyst Abdul Razak Baginda, 50, who was charged with abetting them, was acquitted by the High Court on Oct 31, 2008 after the prosecution failed to establish a prima facie case against him. The prosecution did not file an appeal.

In her judgement, Tengku Maimun said the affidavit by Abdul Razak, which had been taken by the trial judge to be part of the prosecution's evidence, contained prejudicial matters against the appellants and it tended to suggest the guilt of the appellants.

"In fact, since the 3rd accused (Abdul Razak) was acquitted and discharged with no appeal lodged by the prosecution, it appears that whatever  that the appellants did in committing the crime was entirely on their own accord.

"However, it must not be overlooked that this ugly and horrendous episode started with the request by the 3rd accused to DSP Musa before the appellants came into the picture.

"The evidence established that the appellants' task was to patrol the vicinity of the 3rd accuser's house and that the presence of the appellants at the 3rd accuser's house on the night of 19.10.2006 was upon the request for such assistance from the 3rd accused to Azilah," she said.

At the time, Musa was the aide-de-camp of then-Deputy Prime Minister Datuk Seri Najib Tun Razak (now Prime Minister).

Tengku Maimun said the trial judge had also failed to consider the defence of alibi by Azilah, which revealed that he could not have been at two places at the same time on the night of Altantuya's murder.

She also said that the trial judge failed to address his mind to the defence challenge on the exhibits such as the call logs and coverage predicition and to make a finding on the authenticity of the data which were important pieces of evidence to establish Azilah's presence at the scene of the crime.

According to the exhibits, Azilah was at Pekan Subang at 10.15pm and at Kampung Melayu Subang at 10.19pm.

However, the police station diary at Bukit Aman indicated that Azilah was there collecting his weapon, a Glock EAH 387 and two bullet magazines, at 10.18pm.

On Sirul Azhar, Tengku Maimun said there was a conflicting and inconclusive account of events as regards to the discovery of a black jacket and jewellery (Altantuya's jewellery).

She said, according to one of the police witnesses, Sirul Azhar had told him he kept the items (jewellery) in the jacket, but the testimony of another officer did not disclose any such statement being made.

Tengku Maimun said the onus on the prosecution where the evidence was of a circumstantial nature, was indeed, a very heavy one.

"The circumstances must be fully and cogently established, the chain of evidence must be complete, the evidence must point irresistibly to the conclusion of the guilt of the accused and there must not be any gaps in the prosecution's case, and if there were gaps in it, then it was not sufficient," she said.

She said the prosecution had suggested that the presence of the appellants (Azilah and Sirul Azhar) at Hotel Malaya on Oct 18, 2006 was evidence of their intention to commit the crime.

"However, an inference favourable to the appellants may also be drawn, i.e., that their presence was merely to confirm that the deceased (Altantuya) was indeed, staying at the hotel as per the information given by the private investigator to Abdul Razak, and by Abdul Razak to Azilah," added Tengku Maimun.

Tengku Maimun said the presence of the appellants at Hotel Malaya did not establish a complete chain of evidence against them to find them guilty.

She also said the prosecution had conceded that there were various non-directions by the trial judge and had requested the court to invoke the proviso of section 60(1) of the Courts Judicature Act 1964 to correct the defects to uphold the police commandos's conviction.

"Looking at the whole evidence and circumstances of this case, we are of the view that this is not a fit and proper case for us to invoke the proviso.

"The circumstances relied upon by the prosecution had not been fully and cogently established, and the chain of evidence is not complete.

"We cannot say if a reasonable tribunal properly directed would have convicted the appellants on available evidence," she said. 

Parent to be charged with intimidating Seri Pristana HM

Posted: 26 Aug 2013 12:02 PM PDT

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(MMO) - The SK Seri Pristana shower room-canteen fiasco has resurfaced again following the arrest of a parent who allegedly threatened the headmaster.

Angry parents have raised questions behind the man's arrest, saying 18 police reports had been made against the headmaster and no action has been taken.

The reports were made after an incident last month whereby non-Muslim pupils had to eat in the shower room of the school.

Yesterday, one of the parents, allegedly involved in highlighting the case, was detained and later released on police bail.

It was learnt that the school headmaster Mohd Nasir Mohd Noor had singled out the 32-year-old parent in an identification parade at the Sungai Buloh police station yesterday afternoon.

Sungai Buloh police chief Supt Junaidi Bujang said the parent was released on police bail about 4.45pm.

"We received three reports of criminal intimidation against the parent — one from the headmaster and two from the teachers. Though we understand he is a concerned parent, we have to do our job."

He is expected to be charged with criminal intimidation on September 9.

He said 18 reports were lodged against the headmaster — all demanding his termination.

"This is not something within the power of the police to terminate the headmaster from his position. That is up to the Education Ministry," said Junaidi.

MIC strategic bureau chief S. Vell Paari said it was only fair for the police to carry out their job and urged those concerned to remain patient.

"We will offer the parent legal advice and the representation he requires. We will let the law take its due course. We are confident no action will be taken against the parent as he did not threaten anyone.

"Maybe after this, the parent can sue the headmaster for lodging a false report against him," he said.

The Seri Pristana school fiasco came to light in July after a parent posted pictures of her child and other students having their meals in an area next to the toilet.

The pictures went viral and created a national uproar. The school had since denied the incident, claiming the students had been using the area temporarily while the canteen was under renovation. 

NFC boss denies clarification linked to Wanita Umno polls

Posted: 26 Aug 2013 12:00 PM PDT

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(MMO) - National Feedlot Corporation Sdn Bhd (NFC) chairman Datuk Seri Dr Mohamad Salleh Ismail said the series of clarifications the corporation had launched over the project had nothing to do with the upcoming Wanita Umno elections, in which his wife, Datuk Seri Shahrizat Abdul Jalil, will be defending her post.

He said: "My wife has nothing to do with the project ... it involves my children and myself."

He said PKR leaders Rafizi Ramli and Zuraida Kamaruddin had tried to link his wife to the company.

"Let me just say this, she did not know anything about the project. Not even when we made the pitch to the government."

Mohamad Salleh (picture) said they made two separate police reports against the duo last Sunday. The company has now decided to go out and explain its side in a series of clarifications because the general election is over and it cannot be used as a political tool by the opposition.

His lawyers also advised him to take his time and let them go through the documents before making any clarifications.

"I am only able to come out and make this clarification now because I had spent nearly every day with the police over a four-month period to explain what had happened with the NFC before they charged me."

Mohamad Salleh has been charged with two accounts of criminal breach of trust (CBT) involving RM49.7 million. He has applied to have the charges against him struck out and the hearing is set for this Friday.

The Malaysian Anti-Corruption Commission (MACC) had last year cleared Shahrizat, saying she had nothing to do with the awarding of the NFC contract to her family.

Mohamad Salleh said slanderous statements made by the PKR duo had ruined the reputation of the company.

"Rafizi and Zuraida have been attacking NFC after the 2010 Auditor-General's report was released. There is no basis to this attack.

"NFC is a private company, and the A-G cannot audit a private company. The A-G, through the National Audit Department, had actually audited NFC, which was set up in 2006 under the Agriculture and Agro-based Industry Ministry."

Mohamad Salleh said the continuous slanderous attacks on NFC had been convincing, and the government had decided to freeze the company's accounts.

"Because we were unable to access our accounts, we could not import cows and operate as a normal company. There was no money and there was nothing we could do.

"We decided to sell the company to a Malaysian-Japanese joint-venture company, even though there were many companies interested in purchasing us."

He said at the moment they have no plans to take legal action against Rafizi or Zuraida.

Mohamad Salleh said the paid-up capital of NFC was RM1.1 million and the rest of the money was in the form of soft loans to the company, which it was still paying back. 

MIC here to stay, let others join us, says MIC deputy chief

Posted: 26 Aug 2013 11:58 AM PDT

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(Bernama) - Dr Subramaniam, who is also health minister, said: "They asked the MIC to 'gulung' (fold up), we are not prepared to 'gulung'. The original idea was that everybody merge with MIC, for which we are quite prepared.

The MIC is ready to accept all Indian-based parties under its umbrella but does not agree to have the party dissolved to form a new one to represent the Indians.

Stressing this, party deputy president Datuk Seri Dr S. Subramaniam (pic) said it was inappropriate for MIC, one of the oldest political parties in the country, to lose its identity.

The MIC was established in August 1946.

Dr Subramaniam, who is also health minister, said: "They asked the MIC to 'gulung' (fold up), we are not prepared to 'gulung'. The original idea was that everybody merge with MIC, for which we are quite prepared.

"But some of them still want to maintain their identity. Another thing is, they want guarantee of certain positions and posts. That will depend on ability to accommodate their request."

He said this at a press conference after launching the Malaysian Health System in Transition (HiT) Country Report in Putrajaya today.

Yesterday, Barisan Nasional (BN) secretary-general Datuk Seri Tengku Adnan Tengku Mansor urged all Indian-based political parties under the BN to merge into a single entity in the best interest of the Indian community.

According to him, it was no use for the numerous parties to compete with one another, when what they should be doing was to work together to formulate the best policy to ensure a better future for the Indian community.

Tengku Adnan, who is also federal territories minister, said the merging of the parties was vital for the BN, especially after only 48% support was garnered from the Indian community in the last general election. 

Foreign funds dump Malaysian shares at fastest pace since 2008

Posted: 26 Aug 2013 11:56 AM PDT

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(The Sun Daily) - Weaker growth outlook and worries over the US Federal Reserve (Fed) tapering talks spurred foreign investors to dump local shares at its fastest rate since the global financial crisis in 2008.

MIDF Research in a report yesterday calculated that the outflow of foreign funds from local equities amounted to RM2.9 billion last week.

Overseas investors, it said, dumped RM1 billion worth of stocks last Tuesday, the biggest single-day sell-off by foreigners in almost four years.

Last week's rout was the fourth straight weeks of deficit on Bursa Malaysia. During the four-week period, a total of RM4.9 billion of foreign money had left the Malaysian equity market.

"The intensity of foreign selling had increased in a rather sudden manner,'' MIDF Research head Zulkifli Hamzah said, noting that the foreign participation rate had surged to two-month high last week.

He estimated that the cumulative purchases by foreigners stood at RM8.5 billion as of last Friday, which means that despite the huge sell-off last week, foreign liquidity in the local stock market remained "very high".

Shares on Bursa Malaysia fell 3.8% last week, although a rebound yesterday trimmed some of the losses. The ringgit weakened from 3.28 to 3.30 against the US dollar.

While Bursa Malaysia took the brunt of the foreign sell-off, markets in Indonesia and Thailand were hit harder as their key indices plunged 8.7% and 7.4% respectively.

In Jakarta, the government announced a package of stimulus aimed to shore up the rupiah, which had dropped 5% in August.

Sentiment in Thailand was shaken after the country unexpectedly fell into a mild recession after the economy contracted in the second quarter. Last week, Thailand revised its official 2013 growth forecast to between 3.8% and 4.3%.

MIDF Research noted that the only market out of seven Asian markets it tracked that was spared the sell-off last week was South Korea.

"Korean stocks are attracting interest as corporate profits are rising,'' it said.

Despite the heavy sell-off by foreigners, the benchmark FBM KL Composite Index is holding up above its 200-day moving average line.

This is a good sign as its means the long-term support for the index is still intact, said MIDF Research.

Strong support from local institution is expected to cushion any sudden drop in prices, as evidence last week when local funds net buying jumped to RM2.65 billion worth of stocks.

The market will also be looking at companies releasing their June quarterly numbers this week for direction. 

Indonesian clerics call for ban on Miss World

Posted: 26 Aug 2013 11:52 AM PDT

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A Muslim woman wearing a veil walks past foreign tourists wearing bikinis on Kuta beach near Denpasar on Indonesia's resort island of Bali 

(Asian Correspondent) - "The Miss World pageant is only an excuse to exhibit women's body parts" 

One of Indonesia's most influential Islamic groups is urging the government to cancel the Miss World pageant scheduled for next month, saying the exposure of skin by women in a competition violates Muslim teachings, an official said Monday.

A top-level meeting of clerics was held earlier this month by the Indonesian Ulema Council to respond to protests from some groups over Indonesia's hosting of the event, even after organizers agreed to cut the bikini competition and instead outfit contestants in more conservative sarongs, council chairman Amidan Shaberah said.

"Our position is clear, we reject Indonesia being the host of Miss World," Shaberah said. "Because exposing their bodies in a contest is against Islamic teachings."

The council is an influential Islamic body that often issues fatwas, or edicts, including controversial rulings against smoking and yoga. Though not legally binding, many devoted Muslims follow such decrees because ignoring them is considered a sin.

Shaberah said the council will not officially demand that the government cancel the event, but will instead recommend that it be stopped. The pageant is scheduled to be held partly on the resort island of Bali, with the final round on Sept. 28 near the capital, Jakarta.

Read more at: http://asiancorrespondent.com/112527/indonesian-clerics-call-for-ban-on-miss-world/ 

Kredit: www.malaysia-today.net

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