Short title

This Act may be cited as the

No Shari’a Act

Sense of Congress

It is the sense of Congress that—(1)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;(2)attempts to apply foreign law, including religious or international codes, in United States courts risk eroding constitutional protections, particularly in matters of family law, contract law, and civil rights;(3)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;(4)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 of the United States; and(5)this Act is necessary to reaffirm and protect the rights of all citizens by ensuring that only United States laws govern United States courts.

Findings and purposes

(a)

Findings

Congress finds the following:(1)The Supremacy Clause of the Constitution of the United States requires State and Federal courts to apply United States law above Shari’a or any foreign law.(2)In certain judicial and arbitration cases, parties have sought to apply foreign law contrary to United States constitutional guarantees.(3)Clear and uniform rules are needed to prevent erosion of constitutional protections in all jurisdictions.(b)

Purposes

The purposes of this Act are—(1)to prohibit the enforcement of Shari’a or any foreign law that infringes on constitutional rights;(2)to affirm that United States courts must rely solely on Federal and State law; and(3)provide certainty and clarity in the application of constitutional protections nationwide.

Definitions

In this Act:(1)

Court

The term court means any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement.(2)

Foreign law

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.(3)

Fundamental rights

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.

Application of Shari’a

(a)

Prohibition

No court shall enforce a judgment, decree, or arbitration decision that relies, in whole or in part, on Shari’a or any foreign law that violates the constitutional rights of any party.(b)

Contracts

A contract provision choosing foreign law shall be valid unless enforcement would result in a violation of constitutional rights.(c)

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.

Rulemaking

The Attorney General of the United States, in consultation with the Administrative Office of the United States Courts, shall issue regulations and provide judicial education to ensure uniform application of this Act.

Severability

If any provision of this Act is held invalid, the remainder of the Act and its application shall not be affected.

Effective date

This Act shall take effect 180 days after enactment of this Act.