By SPEAKIN’ OUT NEWS
WASHINGTON, D.C. — Senator Tommy Tuberville (R-Ala.) has ignited a firestorm with the introduction of two federal measures designed to ban the use or advocacy of Islamic law—known as Sharia—in the United States. His “No Sharia Act” would prohibit U.S. courts from enforcing foreign or religious laws that conflict with the Constitution, while a companion bill, the “Preserving a Sharia-Free America Act,” seeks to deny immigration benefits to those who allegedly advocate for Sharia in contradiction to American law.
In a statement released by his office, Tuberville declared, “Sharia Law is fundamentally anti-American and has no place in our country. If you want to practice your religion peacefully, you have every right to do so under the Constitution. But if you want to come to the United States and advocate for the practice of Sharia Law over U.S. law, you should not be here.”
The proposals immediately drew condemnation from civil-rights organizations and faith leaders across Alabama. The Council on American-Islamic Relations’ Alabama chapter (CAIR-Alabama) called the bills “an unconstitutional attack on the religious freedom of Alabamians and all Americans,” urging Tuberville to meet directly with local Muslim communities. “Time and again, Mr. Tuberville relies on fake news to justify real attacks on the rights of his constituents,” the organization said in a public statement.
Dr. Nasim Uddin, president of the Birmingham Islamic Society, explained that sharia is widely misunderstood: “It’s not a foreign legal code or a threat to American law—it’s a personal and spiritual framework guiding how Muslims live with faith and integrity.” Hoover resident Tanveer Patel added, “Muslims already live under U.S. law. When Jewish or Christian Americans apply their religious principles privately, no one questions their loyalty. Muslims deserve the same respect.”
Legal experts note that U.S. courts already apply only American law, meaning Tuberville’s bills may duplicate existing protections while singling out one religion. Critics argue the legislation fuels Islamophobia and risks stigmatizing Alabama’s Muslim community, while supporters claim it defends constitutional values.
Despite unlikely passage in the Democrat-controlled Senate, the move underscores Tuberville’s continued alignment with conservative cultural-war priorities ahead of future elections.
Has Sharia Law Ever Been Used in the U.S.?
No, U.S. courts do not — and legally cannot — apply Sharia law as a substitute for U.S. law.
The Constitution and state laws always take precedence.
The Supremacy Clause of the U.S. Constitution (Article VI) explicitly establishes that the Constitution and federal laws are the “supreme law of the land.”
This means no foreign, religious, or tribal law — including Sharia, canon, or rabbinical law — can override U.S. statutes or constitutional rights.
What Legal Experts and Studies Say
A comprehensive 2011 study by the Center for Security Policy found no case in which a U.S. court upheld Sharia over the Constitution.
The Brennan Center for Justice and ACLU have both affirmed that “Sharia bans” proposed by lawmakers are solutions in search of a problem — because U.S. law already forbids any religious legal code from superseding constitutional law.
Federal judges have also struck down state-level “anti-Sharia” laws (like Oklahoma’s 2010 “Save Our State” amendment) as unconstitutional religious discrimination.
Bottom Line
Sharia law has never replaced, overruled, or been enforced above U.S. law.
Americans of all faiths are free to practice their religion, but the Constitution remains the governing law in every court and contract dispute in the country.