This bill, titled the "No Shari'a Act," aims 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 foreign legal systems should not undermine it, especially concerning protections for women, children, and vulnerable populations. The legislation seeks to safeguard fundamental liberties in areas such as family law, contract law, and civil rights. Specifically, the Act prohibits courts from enforcing judgments, decrees, or arbitration decisions that rely on foreign law if it violates the constitutional rights of any party. While contract provisions choosing foreign law may be valid, they cannot be enforced if they lead to a violation of constitutional rights. In family law matters, including marriage, divorce, and child custody, foreign law cannot be applied if it is 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 these provisions.
This bill, titled the "No Shari'a Act," aims 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 foreign legal systems should not undermine it, especially concerning protections for women, children, and vulnerable populations. The legislation seeks to safeguard fundamental liberties in areas such as family law, contract law, and civil rights. Specifically, the Act prohibits courts from enforcing judgments, decrees, or arbitration decisions that rely on foreign law if it violates the constitutional rights of any party. While contract provisions choosing foreign law may be valid, they cannot be enforced if they lead to a violation of constitutional rights. In family law matters, including marriage, divorce, and child custody, foreign law cannot be applied if it is 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 these provisions.