HR 5512
No Shari’a Act
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Bill overview
This bill, titled the No Shari’a Act, aims to prevent the application of Shari’a law in U.S. courts and arbitration tribunals. It asserts that U.S. constitutional rights are supreme and that foreign laws cannot undermine them, particularly in areas like family law. The bill seeks to ensure American laws govern all legal proceedings and provide clarity regarding the enforcement of legal systems.
Key provisions
- Prohibits enforcement of judgments, decrees, or arbitration decisions based on Shari’a or foreign law that violates constitutional rights.
- Requires American courts to rely solely on Federal and State law.
- Defines ‘foreign law’ as any law derived from a jurisdiction outside the U.S.
- Specifies ‘fundamental rights’ as those guaranteed by the U.S. Constitution and State constitutions.
- Addresses contracts, ensuring they are valid unless enforcement would violate constitutional rights.
- Outlines specific restrictions on applying foreign law in family law matters (marriage, divorce, custody, etc.).
- Directs the Attorney General to issue regulations and judicial education to ensure uniform application of the Act.
- Includes a severability clause, stating that if one part of the Act is deemed invalid, the rest remains in effect.
Who is affected
- Individuals seeking legal resolution in U.S. courts or arbitration.
- Legal professionals (lawyers, judges, arbitrators).
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 5512
IN THE HOUSE OF REPRESENTATIVES
A BILL
To prohibit the application of Shari’a in the United States where such application would violate constitutional rights, and for other purposes.
This Act may be cited as the No Shari’a Act
.
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.
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.
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.
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.
courtmeans any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement.
fundamental rightsmeans 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.
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.
A contract provision choosing foreign law shall be valid unless enforcement would result in a violation of constitutional rights.
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.
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.
If any provision of this Act is held invalid, the remainder of the Act and its application shall not be affected.
This Act shall take effect 180 days after enactment of this Act.