Section 1 Short title
This Act may be cited as the “No Shari’a Act”.
No Shari’a Act
A BILL
To prohibit the application of Shari’a in the United States where such application would violate constitutional rights, and for other purposes.
Sec. 2 Sense of congress
It is the sense of Congress that—
the Constitution of the United States is and must remain the supreme law of the land, and no foreign law or legal system may be permitted to undermine it;
attempts to apply foreign law, including religious or international codes, in American courts risk eroding constitutional protections, particularly in matters of family law, contract law, and civil rights;
safeguarding constitutional rights is especially urgent in cases involving women, children, and vulnerable populations who may face coercion or unequal treatment under foreign legal systems;
while individuals are free to practice their religion and observe personal codes voluntarily, United States courts must never enforce or give effect to laws that conflict with fundamental liberties guaranteed by the Constitution; and
this Act is necessary to reaffirm and protect the rights of all citizens by ensuring that only American laws govern American courts.
Sec. 3 Findings and purposes
Findings— Congress finds the following:
The Supremacy Clause of the Constitution requires State and Federal courts to apply United States law above Shari’a or any foreign law.
In certain judicial and arbitration cases, parties have sought to apply foreign law contrary to United States constitutional guarantees.
Clear and uniform rules are needed to prevent erosion of constitutional protections in all jurisdictions.
Purpose— It is the purpose of this Act to—
prohibit the enforcement of Shari’a or any foreign law that infringes on constitutional rights;
affirm that American courts must rely solely on Federal and State law; and
provide certainty and clarity in the application of constitutional protections nationwide.
Sec. 4 Definitions
For the purposes of this Act:
The term “foreign law” means any law, legal code, or system derived from a jurisdiction outside the United States or its territories, including religious law when invoked as a substitute for State or Federal law.
The term “court” means any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement.
The term “fundamental rights” means rights guaranteed by the Constitution of the United States and by State constitutions, including due process, equal protection, freedom of religion, freedom of speech, and rights related to marriage, child custody, and property.
Sec. 5 Application of Shari’a
Prohibition— No court shall enforce a judgment, decree, or arbitration decision if it relies, in whole or in part, on Shari’a or any foreign law that violates the constitutional rights of any party.
Contracts— A contract provision choosing foreign law shall be valid unless enforcement would result in a violation of constitutional rights.
Family Law— In matters involving marriage, divorce, child custody, adoption, or inheritance, no court shall apply or enforce foreign law if inconsistent with fundamental rights or public policy.
Sec. 6 Rulemaking
The Attorney General of the United States, in consultation with the Administrative Office of the U.S. Courts, shall issue regulations and provide judicial education to ensure uniform application of this Act.
Sec. 7 Severability
If any provision of this Act is held invalid, the remainder of the Act and its application shall not be affected.
Sec. 8 Effective date
This Act shall take effect 180 days after enactment of this Act.