The religious obligation—Wujub—of women’s covering and hijab from the perspective of Islamic jurisprudential foundations, namely the Quran and Sunnah, is a well-established matter. The legislator, understanding this, has criminalized improper dress and lack of hijab, whether minimal or poor coverage. However, in contemporary Iranian society, the choice of clothing, the desire for diversity, and body display are becoming social demands, with people perceiving clothing as a personal and individual right. This article, using a descriptive-analytical method, aims to explain the conditions for criminalizing improper clothing in public view from the perspective of cultural jurisprudence, assuming the notion that choosing clothing is an individual right within society, with an emphasis on the issue of right versus religious obligation of clothing. According to the study’s findings, criminalization of behavior is possible by meeting three important conditions (theoretical principles, assumptions, and functions). Thus, based on theoretical principles, it must be proven that the state is authorized to intervene in the public domain through criminal restrictions or prohibitions. There is no doubt about the principle of criminalizing poor hijab as an unuttered ta’zir crime from the perspective of jurisprudence and cultural rights; rather, the debate concerns the methods of implementing the law on enjoining good and forbidding wrong in contemporary societies.