Illinois General Assembly - Full Text of HB4165

LRB104 15825 JRC 29031 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4165

Introduced 10/16/2025, by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

735 ILCS 5/1-110 new

Amends the Code of Civil Procedure. Provides that each of the following is void and unenforceable if it allows the application of Shari'a or any foreign law, legal code, or system that denies the parties the fundamental liberties, rights, and privileges guaranteed under the United States Constitution or the Illinois Constitution: (1) a ruling or decision of any state court, arbitration panel, tribunal, or administrative agency that is based, in whole or in part, on Shari'a or any foreign law, legal code, or system; (2) a contract, or contractual provision if severable, that provides for the choice of Shari'a or any foreign law, legal code, or system; or (3) a contract, or contractual provision if severable, that grants jurisdiction to a foreign tribunal if a ruling, decision, or provision allows the application of Shari'a or any foreign law, legal code, or system that denies the parties the fundamental liberties, rights, and privileges guaranteed under the United States Constitution or the Illinois Constitution. Sets forth exceptions. Prohibits a court, arbitration panel, tribunal, or administrative agency from transferring any civil action if the transfer would result in the application of Shari'a or any foreign law, legal code, or system that would violate or likely violate the fundamental liberties, rights, and privileges of the parties guaranteed under the United States Constitution or the Illinois Constitution.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 1-110 as follows:

(735 ILCS 5/1-110 new)

Sec. 1-110. Application of Shari'a and other foreign law.

(a) This Section may be referred to as the No Shari'a Act.

(b) The General Assembly finds that the right to freely contract under State law must be circumscribed if the application of foreign law would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution and the Illinois Constitution, including, but not limited to, equal protection, due process of law, free exercise of religion, freedom of speech and the press, the right of privacy, and the right of marriage.

(c) As used in this Section, "foreign law, legal code, or system" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals.

(d) Each of the following is void and unenforceable if it allows the application of Shari'a or any foreign law, legal code, or system that denies the parties the fundamental liberties, rights, and privileges guaranteed under the United States Constitution or the Illinois Constitution:

(1) A ruling or decision of a state court, arbitration panel, tribunal, or administrative agency that is based, in whole or in part, on Shari'a or any foreign law, legal code, or system;

(2) A contract, or contractual provision if severable, that provides for the choice of Shari'a or any foreign law, legal code, or system; or

(3) A contract, or contractual provision if severable, that grants jurisdiction to a foreign tribunal

(e) This Section does not:

(1) disapprove or abrogate existing precedent of the Illinois Supreme Court;

(2) limit adjudication of ecclesiastical matters of a religious organization, including the selection, appointment, discipline, or removal of clergy or interpretation of doctrine;

(3) apply to corporations, partnerships, or associations that voluntarily subject themselves to foreign law or courts; or

(4) apply where federal law preempts State law, including obligations under treaties or international agreements.

(f) A State court, arbitration panel, tribunal, or administrative agency may not transfer any civil action under this Code if the transfer would result in the application of Shari'a or any foreign law, legal code, or system that would violate or likely violate the fundamental liberties, rights, and privileges of the parties guaranteed under the United States Constitution or the Illinois Constitution.