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Islamic Law's View on Violation of the Oath of Office

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As a Head of the Office of Religious Affairs in the sub-district, I often serve as an employee who takes the oath of officials who are sworn in. The oath is carried out under the Koran as the holy book of Muslims, but there are things that make me interested in writing the article below, namely how easy it is for an official to be given the position and the authority and mandate to administer the people violated the oath of office that he had taken at the time of his inauguration

To be able to determine the legal status of something, including the law of violating the oath of office, according to Islamic law, it is necessary to first know the strongest source of Islamic law. By understanding the source of the original law, it will be easier to have legal arguments in various issues. Based on the strongest provisions, and recognized by the majority of Islamic scholars, the source of law in Islam is only one, namely revelation, in the form of His word (Al-Quran), and the words of His prophet (Hadith), only then is the consent of the companions, the atsar, then personal opinion among friends. To find out the views of Islamic law on violations of the oath of office, one must also refer to the verses of the Qur'an, hadiths and the opinions of scholars.

The scholars differ on the law of swearing, Imam Malik is of the opinion that the original law of the oath is jaiz (permissible). The law can become sunnah if it is intended to emphasize a religious issue or to encourage people to do something that is commanded by religion, or prohibit people from doing something that is ordered by religion, or prohibit people from doing something that is forbidden by religion. pay kafarat (fines), unless the violation of the oath is better.

Imam Hambali is of the opinion that the law of swearing depends on the circumstances. It can be obligatory, haram, makruh, sunnah or permissible. If what is sworn is a matter that must be done, then the oath is obligatory. On the other hand, if you swear on things that are forbidden, then the oath is also sunnah and so on. Imam Syafii is of the opinion that the law of origin of the oath is makruh. But it is possible for the law to take an oath to be sunnah, obligatory, haram, or permissible. Depends on the situation.

Violation of the oath is contrary to God's command to complete the promise and keep the oath as mentioned in several verses of the Koran as the main standard for establishing a law. Therefore, breaking the oath is a sin. Violation of the oath occurs when the person taking the oath does something different from what he swore. An oath not to do something will be said to violate the oath if he commits the act immediately in the form of a violation
On the other hand, if he takes an oath to do something, there is a violation that will be determined by the form of the oath itself.

If the execution of the oath is limited to a certain time, then the violation will be said to have occurred if until a certain time what he swore has not been done. But if the oath does not use a certain time limit, then a new violation will be said to exist if the act is not also carried out to the limit of his ability.
In the view of Islamic law, violating the oath of office is a sin because it is against the principle of violating the oath which is prohibited by law

The verses of the Qur'an and the hadith of the Prophet mentioned above require people who take an oath to always obey it. The sanction of sin for violators is to place the oath in a place that is considered sacred for religious people. This encourages a lot of people who say it on the occasion of the inauguration of employees or positions. to always obey what is stated in the speech. the oath; and consequently will have a lot of influence in improving work performance.

The ability to comply with the obligation or not to carry out the prescribed prohibitions which are pledged before the competent superior according to religion. The purpose of the oath of office is an effort so that the person concerned in carrying out his duties acts sincerely, honestly and responsibly, not only to his superiors, but also to Allah SWT.
In a relationship with someone who violates the oath of office will face three sanctions at once. First, the violator will receive an office sentence in accordance with the provisions of the applicable employment regulations and laws, namely from light disciplinary sanctions in the form of an oral warning to dishonorable discharge (fired from his position). Second, the violator of the oath of office will be punished in the afterlife , Third, the violator will be punished by the world in the form of The obligation to pay the oath kaffarah

The oath of office is included in the oath of munaqadah (a valid oath) because it has fulfilled the requirements for a valid oath. An oath is categorized as valid if the conditions are fulfilled, namely: mentioning the name of Allah SWT or one of its characteristics. The person who swears is already mukallaf. Not in a state of compulsion and intentional with the intention of taking an oath. The person who takes an oath by fulfilling the legal conditions and then violates the oath, then he is obliged to take the oath

Kafarah for the violation of the oath as follows:

1. The first kafarah contains 3 things to choose from: feed 10 poor people, or clothe 10 poor people, or free a slave.
2. If he is not able to do all three, then the person turns to the second kafarah, which is fasting for 3 days

For civil servants and officials who have violated the oath of office, in addition to being obliged to pay kafarah as mentioned above, they will also be cursed and cursed by Allah SWT.

In addition, officials and civil servants who violate the oath of office and break their promises are included in the hypocrites who have very low values ​​in Islam.

From the description above, it can be understood that according to the view of Islamic law, the oath of office is a valid oath so that violators in the world are required to pay a fine (kafarah) and violation of the oath of office is a major sin, so that the perpetrator is cursed and will be punished in the hereafter as stated in In several verses of the Qur'an, the perpetrators of violating the oath of office are also included in the hypocrite group which is highly reproached, moreover, the violation of the oath of office harms the community a lot because those who commit violations are employees and officials who are supposed to serve the community, on the contrary, they violate the positions that have been entrusted to them.

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