MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary A

By: Representative Arnold

House Bill 11

AN ACT TO CREATE NEW SECTION 11-63-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE APPLICATION OF SHARIA LAW IN DIVORCE AND CHILD CUSTODY CASES; TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST USE OF SHARIA LAW IN COURT ORDERS; TO AMEND SECTIONS 11-7-301 AND 93-9-30, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 11-63-3, Mississippi Code of 1972:

11-63-3.  (1)  (a)  A contract provision involving the marriage relationship which provides that a foreign law is to govern a dispute arising under the contract is void to the extent that the application of the foreign law to the dispute would violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.

          (b)  A contract provision involving the marriage relationship providing that the forum to resolve a dispute arising under the contract is located outside the states and territories of the United States is void if the foreign law that would be applied to the dispute in that forum would, as applied, violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.

     (2)  (a)  A ruling or decision of a court, arbitrator, or administrative adjudicator in a suit affecting the parent-child relationship may not be based on a foreign law if the application of that law would violate a fundamental right guaranteed by the United States Constitution or the constitution or a statute of this state.

          (b)  A contract provision involving the parent-child relationship providing that a foreign law is to govern a dispute arising under the contract is void to the extent that the application of the foreign law to the dispute would violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.

          (c)  A contract provision involving the parent-child relationship providing that the forum to resolve a dispute arising under the contract is located outside the states and territories of the United States is void if the foreign law that would be applied to the dispute in that forum would, as applied, violate a fundamental right guaranteed by the United States Constitution or the constitution of this state.

     SECTION 2.  Section 11-63-1, Mississippi Code of 1972, is amended as follows:

     11-63-1.  (1)  In this section, "foreign law" means any law, rule, legal code or legal system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.

     (2)  (a)  A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law that violates the Mississippi Constitution, any laws of this state, the United States Constitution, any laws or ratified treaties of the United States and the territories of the United States * * *if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.

(b)  Any order by a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority that seeks to enforce foreign law in violation of paragraph (a) of this subsection (2) shall be void.

     SECTION 3.  Section 11-7-301, Mississippi Code of 1972, is amended as follows:

     11-7-301.  In Sections 11-7-301 through 11-7-309 "foreign judgment" means any judgment, decree or order of a court of the United States * * * or of any other court which is entitled to full faith and credit in this state.  The term "foreign judgment" shall not mean or include any judgment, decree or order from any jurisdiction outside of the United States or its territories, or any judgement from another state or territory of the United States that applies law from a jurisdiction outside of the United States or its territories.

     SECTION 4.  Section 93-9-30, Mississippi Code of 1972, is amended as follows:

     93-9-30.  In any proceeding in Mississippi, either before a court or administrative tribunal, wherein the question of paternity may arise, and a determination or adjudication of paternity has been made through either a voluntary acknowledgement procedure, an administrative determination or a judicial order in another state or jurisdiction of the United States, then upon certification of that determination or adjudication by competent administrative or judicial authority of such state or jurisdiction, the court or administrative tribunal in Mississippi shall give full faith and credit to that * * *foreign determination or adjudication, and it shall be conclusive proof of its substance; however, such full faith and credit shall not be given to any foreign law as provided in Section 11-61-1.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2026.

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