119-s3008

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3008 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 3008

To prohibit the application of Shari'a in the United States where such 
 application would violate constitutional rights, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 15, 2025

 Mr. Tuberville (for himself and Mr. Cornyn) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

To prohibit the application of Shari'a in the United States where such 
 application would violate constitutional rights, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``No Shari'a Act''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) 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;

    (2) attempts to apply foreign law, including religious or 
 international codes, in United States courts risk eroding 
 constitutional protections, particularly in matters of family 
 law, contract law, and civil rights;

    (3) 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;

    (4) 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 of the 
 United States; and

    (5) this Act is necessary to reaffirm and protect the 
 rights of all citizens by ensuring that only United States laws 
 govern United States courts.

SEC. 3. FINDINGS AND PURPOSES.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) The Supremacy Clause of the Constitution of the United 
 States requires State and Federal courts to apply United States 
 law above Shari'a or any foreign law.

    (2) In certain judicial and arbitration cases, parties have 
 sought to apply foreign law contrary to United States 
 constitutional guarantees.

    (3) Clear and uniform rules are needed to prevent erosion 
 of constitutional protections in all jurisdictions.

    (b) 

=== Purposes ===
-The purposes of this Act are--

    (1) to prohibit the enforcement of Shari'a or any foreign 
 law that infringes on constitutional rights;

    (2) to affirm that United States courts must rely solely on 
 Federal and State law; and

    (3) provide certainty and clarity in the application of 
 constitutional protections nationwide.

SEC. 4. DEFINITIONS.

 In this Act:

    (1) Court.--The term ``court'' means any Federal, State, or 
 territorial court, including arbitration tribunals when 
 decisions are subject to judicial enforcement.

    (2) Foreign law.--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.

    (3) Fundamental rights.--The term ``fundamental rights'' 
 means 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.

SEC. 5. APPLICATION OF SHARI'A.

    (a) Prohibition.--No court shall enforce a judgment, decree, or 
arbitration decision that relies, in whole or in part, on Shari'a or 
any foreign law that violates the constitutional rights of any party.

    (b) Contracts.--A contract provision choosing foreign law shall be 
valid unless enforcement would result in a violation of constitutional 
rights.
            (c) Family Law.--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.

SEC. 6. RULEMAKING.

 The Attorney General of the United States, in consultation with the 
Administrative Office of the United States Courts, shall issue 
regulations and provide judicial education to ensure uniform 
application of this Act.

SEC. 7. SEVERABILITY.

 If any provision of this Act is held invalid, the remainder of the 
Act and its application shall not be affected.

SEC. 8. EFFECTIVE DATE.

 This Act shall take effect 180 days after enactment of this Act.
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