No Shari’a Act
S. 3008, titled the No Shari’a Act, would bar courts in the United States from enforcing Shari’a law or any foreign law that violates constitutional rights. The bill states that the U.S. Constitution is the supreme law and that foreign or religious laws cannot be used to undermine it. It would apply to federal, state, and territorial courts, including arbitration decisions that are enforceable by courts. The act allows contract provisions choosing foreign law to be valid only if enforcing them would not infringe constitutional rights. In family matters (marriage, divorce, child custody, adoption, inheritance), courts would not apply foreign law if it conflicts with fundamental rights or public policy. The Attorney General, in coordination with the Administrative Office of the United States Courts, would issue regulations and provide judicial education to ensure uniform application. The bill takes effect 180 days after enactment and includes a severability clause. In short, the bill aims to ensure that U.S. courts rely solely on U.S. law and constitutional protections, even in cases involving foreign or religious legal concepts, with specific rules for contracts and family law and a federal regulatory framework to promote uniform enforcement.
Key Points
- 1Prohibition on enforcement of Shari’a or any foreign law that violates constitutional rights in U.S. courts, including federal, state, and territorial courts and enforceable arbitration decisions.
- 2Contracts choosing foreign law are valid only if enforcing them would not infringe constitutional rights.
- 3In family law matters (marriage, divorce, child custody, adoption, inheritance), courts may not apply or enforce foreign law if it conflicts with fundamental rights or public policy.
- 4Regulatory framework: the Attorney General, working with the Administrative Office of the United States Courts, must issue regulations and provide judicial education to promote uniform application.
- 5Definitions: “foreign law” includes any law from outside the United States or its territories, including religious law when invoked as a substitute for U.S. law; “fundamental rights” include due process, equal protection, freedom of religion and speech, and rights related to marriage, child custody, and property.