Jurisprudential Principles of Criminalization of the Violation of Non-judicial Oath

To enter important responsibilities, such as the presidency, the parliament, an oath is referred to as a non-judicial oath. The importance of these occupations, as well as the status of the oath (due attention to religious-Islamic values), increase the prominence of this category. That consideration and this position, deems the violator of this oath as deserving atonement. But in addition to the religious atonement, for the guarantee of its implementation, there is silence that reveals the importance of research thereby. This inquiry is based on some principles such as the obligation of religious emphasis on fulfilling the covenant (based on Qur’anic verses and hadiths), jurisprudential rules (such as la zarar), inadmissibility of deprivation of public trust, the rule of maintaining order and the necessity of being a dictator. Faithfulness in the covenant and contract, maintains that the need for criminalization and violation of the judicial oath, is very justified and well-reasoned.