The issue of spousal refusal to engage in marital relations and the extent of governmental intervention in response to such conduct constitutes one of the most challenging debates at the intersection of Imami jurisprudence and contemporary criminal law. Adopting an analytical-critical approach and placing particular emphasis on the jurisprudential views of Imam Khomeini, this study examines the feasibility of criminalizing spousal abstention from fulfilling marital duties. The findings indicate that although Imami jurisprudence recognizes the possibility of nushūz on the part of both the wife and the husband, and some jurists-including Imam Khomeini-have permitted the imposition of discretionary punishment (taʿzīr) by the Islamic ruler in cases of persistent non-compliance, such permission is exceptional, case-specific, and dependent upon the discretion of the religious authority. Consequently, it does not imply the necessity of general statutory criminalization of such conduct within positive criminal law. An examination of Iranian criminal legislation further reveals that, unlike the offense of non-payment of alimony, the legislature has not provided an independent criminal sanction for refusal of marital relations, and certain judicial practices based on Article 167 of the Constitution conflict with the principle of legality of crimes and punishments. Moreover, critical analysis demonstrates that criminalizing the duty of sexual compliance faces serious obstacles, including infringement upon family privacy, significant evidentiary difficulties, lack of deterrent effectiveness, and inconsistency with a family-oriented criminal policy.