To prohibit the application of Shari’a in the United States where such application would violate constitutional rights, and for other purposes.
Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.
Summary
What This Bill Does
This bill prohibits U.S. courts (federal, state, and territorial) from enforcing judgments, arbitration decisions, or contract provisions that rely on Sharia law or other foreign legal systems if doing so would violate constitutional rights. It specifically targets family law matters including marriage, divorce, child custody, adoption, and inheritance.
Who Benefits and How
- Women, children, and vulnerable populations benefit from protection against foreign legal systems that may provide fewer rights than U.S. law, particularly in family law matters where Sharia and some foreign laws may treat parties unequally.
- U.S. court system receives clearer guidance through Attorney General regulations on handling foreign law conflicts.
- Parties to domestic disputes gain certainty that constitutional protections will apply regardless of contractual choice-of-law provisions.
Who Bears the Burden and How
- Religious communities that use Sharia-based arbitration for family and civil matters may find these decisions unenforceable in U.S. courts.
- International business contracts with foreign choice-of-law provisions may face uncertainty if parties claim constitutional violations.
- Attorneys and arbitrators handling cross-cultural cases face new compliance requirements and potential challenges to established arbitration practices.
Key Provisions
- Courts cannot enforce judgments or arbitration decisions based on Sharia or foreign law that violate constitutional rights
- Contract provisions choosing foreign law remain valid unless enforcement violates constitutional rights
- The Attorney General must issue regulations and provide judicial education for uniform application
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Prohibits U.S. courts from enforcing Sharia law or other foreign law where such application would violate constitutional rights, particularly in family law matters.
Key Policy Areas
Civil Rights, Judiciary, Family Law, Religious Freedom
Primary Purpose
Prohibits U.S. courts from enforcing Sharia law or other foreign law where such application would violate constitutional rights, particularly in family law matters.
Policy Domains
Main Body
Identified Gains
- Women in family law disputes
- Children in custody cases
- Vulnerable populations
- Constitutional rights advocates
Identified Costs
- Religious arbitration providers
- International contract parties
- Islamic community organizations
Sponsors
Legislative Progress
IntroducedMr. Tuberville (for himself and Mr. Cornyn) introduced the following …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Arbitration tribunals, Family law attorneys, Parties seeking foreign law application
Islamic arbitration tribunals, Religious arbitration bodies
Children in custody disputes, Women in family law disputes
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "court"
- → Any Federal, State, or territorial court, including arbitration tribunals
- "attorney_general"
- → Attorney General of the United States
Key Definitions
Terms defined in this bill
Any Federal, State, or territorial court, including arbitration tribunals when decisions are subject to judicial enforcement
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
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
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology