The Analysis of Legal and Jurisprudencial Criminalization Basis of the Offense Taking Over a Public Service

The offence of taking more than one governmental job is a crime against the state. In analyzing the jurisprudence basis, there is no direct forbiddance, but in spite of the general rule of EBAHA (permissible), it could be considered criminal, as “Tazir”, because of its harm on public and treasury regarding to the rule of no harm (La- Zarar). Also, in customary criminal law, with respect to the last resort principle (Ultima Ratio), its criminalization is justified based on the negative effects on public services, conflict of interests, corruption and undu influence. This criminal intervention results in protection of social and economic freedoms, preventing corruption, the rights of governmental organization clients, creating recruiting justice and fighting against perpetrators to prevent from major offences. There are some ambiguities on procedural and substantial standards of this offence regarding non intervention of Islamic researches and criminal lawyers on forbidding and criminalization of that