This bill, titled the "No Shari'a Act," seeks to prevent the application of foreign law , including religious legal systems like Shari'a, in United States courts when such application would infringe upon constitutional rights. Congress asserts that the U.S. Constitution must remain the supreme law, and no foreign legal system should undermine it, especially concerning fundamental liberties for women, children, and vulnerable populations. The Act's purpose is to prohibit the enforcement of any foreign law that conflicts with constitutional protections and to ensure American courts rely solely on Federal and State law. Key provisions stipulate that no court shall enforce a judgment, decree, or arbitration decision if it relies on Shari'a or any foreign law that violates a party's constitutional rights. While contract provisions choosing foreign law may be valid, they cannot be enforced if they lead to a constitutional violation. Specifically in family law matters such as marriage, divorce, child custody, adoption, or inheritance, foreign law is prohibited if inconsistent with fundamental rights or public policy. The Attorney General is tasked with issuing regulations and providing judicial education to ensure the uniform application of this Act.
This bill, titled the "No Shari'a Act," seeks to prevent the application of foreign law , including religious legal systems like Shari'a, in United States courts when such application would infringe upon constitutional rights. Congress asserts that the U.S. Constitution must remain the supreme law, and no foreign legal system should undermine it, especially concerning fundamental liberties for women, children, and vulnerable populations. The Act's purpose is to prohibit the enforcement of any foreign law that conflicts with constitutional protections and to ensure American courts rely solely on Federal and State law. Key provisions stipulate that no court shall enforce a judgment, decree, or arbitration decision if it relies on Shari'a or any foreign law that violates a party's constitutional rights. While contract provisions choosing foreign law may be valid, they cannot be enforced if they lead to a constitutional violation. Specifically in family law matters such as marriage, divorce, child custody, adoption, or inheritance, foreign law is prohibited if inconsistent with fundamental rights or public policy. The Attorney General is tasked with issuing regulations and providing judicial education to ensure the uniform application of this Act.