‘No Sharia Act’ would ban use of Islamic religious law in United States jurisprudence

A Republican member of Congress has introduced a bill that would prohibit courts, agencies, and public institutions from applying or recognizing Sharia law, or any other foreign religious legal system, in official decisions.

Filed on Friday by Rep. Randy Fine of Florida, the proposal, called the “No Sharia Act,” asserts the supremacy of the US Constitution over conflicting religious or foreign legal principles. The measure is in its earliest stage in the legislative process and has not yet advanced to committee hearings or votes.

The bill fits within a broader movement of so-called “anti-Sharia” legislation that has circulated in more than two dozen states since the early 2010s to protect against potential encroachment of Islamic law into American jurisprudence.

“I just introduced the No Sharia Act, which would ensure that no U.S. court, public agency, or legal institution can ever enforce or legitimize Sharia law. You don’t get to come to this country and demand that our legal system accommodate your oppressive laws,” Rep. Fine wrote.

Provisions include:

• Prohibition in Courts and Government: Courts, administrative agencies, and public institutions would be barred from applying or enforcing Sharia or other foreign legal systems that contradict constitutional rights such as due process and equal protection. Judicial rulings found to rely on such systems would be deemed invalid.
• Protection of Rights: Any ruling that invokes Sharia to deny equal treatment, particularly in family law disputes involving marriage, divorce, custody, or inheritance, would be void, with a focus on preventing discrimination against women or minorities.
• Safeguards for Religious Freedom: The act specifies that it does not interfere with private religious observance or voluntary arbitration based on Sharia principles, provided they comply with US law.
• Enforcement Mechanism: Appeals courts would have authority to overturn decisions found to be influenced by prohibited systems. The current draft does not outline criminal penalties.

Sharia-inspired legal practices are now sweeping parts of Europe and there have been isolated cases in the United States in locations where Muslims have become a majority.