H.R. 5512 — No Shari’a Act

This section states the sense of Congress that (1) the U.S. Constitution must remain the supreme law of the land and no foreign law may undermine it; (2) applying foreign law in U.S. courts risks eroding constitutional protections, particularly in family law, contract law, and civil rights; (3) safeguarding rights is urgent for women, children, and vulnerable populations facing coercion under foreign systems; (4) individuals may voluntarily practice religion but U.S. courts must not enforce conflicting foreign laws; and (5) the Act reaffirms rights by ensuring only U.S. laws govern U.S. courts.

This section states congressional findings that (1) the Supremacy Clause requires state and federal courts to apply U.S. law over Shari’a or any foreign law, (2) parties have sought to apply foreign law contrary to constitutional guarantees in certain judicial and arbitration cases, and (3) clear uniform rules are needed to prevent erosion of constitutional protections in all jurisdictions. It specifies the purposes of the Act to (1) prohibit enforcement of Shari’a or foreign law that infringes constitutional rights, (2) affirm that American courts must rely solely on federal and state law, and (3) provide certainty and clarity in constitutional protections nationwide.

This section establishes definitions for purposes of the Act. It defines (1) “foreign law” as 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; (2) “court” as any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement; and (3) “fundamental rights” as 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.

This section prohibits courts from enforcing any judgment, decree, or arbitration decision that relies, in whole or in part, on Shari’a or foreign law violating the constitutional rights of any party. It provides that a contract provision selecting foreign law remains valid unless its enforcement would violate constitutional rights. It further prohibits courts from applying or enforcing foreign law in matters of marriage, divorce, child custody, adoption, or inheritance if inconsistent with fundamental rights or public policy.

This section directs the Attorney General, in consultation with the Administrative Office of the U.S. Courts, to issue regulations and provide judicial education to ensure uniform application of this Act.