One of the religious commands emphasized in the holy Shari’ah of Islam is Hijab or Islamic dress of men and women so that it can represent modesty and chastity or heartfelt purity in humans. Many Qur’anic verses and traditions point to the importance and obligation of Islamic dress for adults in front of any stranger outside immediate family (Namahram). It should be admitted that obeying or not obeying Islamic dress has a significant effect on the chastity or deviation of people in Islamic society. By advocating this fallacy that Hijab or dress is a quite private and personal issue, some ignore its religious and social influence on social health or the impact of not obeying Hijab and bad Hijab on spreading ethical corruption and social disorder. They believe that government cannot act against not having Hijab by enjoining good and forbidding evil as in their view bad Hijab is not basically considered a crime. Based on the principles of the Qur’an and Hadith, the present study extracts the concept and command of Islamic dress and its relative crimes with regard to the views of Sunni and Shi’ite commentators. Moreover, it confirms and approves the criminality of not having Hijab or bad Hijab using the viewpoints of commentators, Islamic jurists, as well as the decree which states “there is penalty for every guilt”
