Senate Bill 2595

AN ACT TO CREATE NEW SECTIONS 11-63-3 AND 11-63-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE APPLICATION OF SHARIA LAW IN DIVORCE AND CHILD CUSTODY CASES; TO CLARIFY EXEMPTION FROM THE LAW OF BUSINESS CONTRACTS ENTERED INTO BY MISSISSIPPI BUSINESSES; 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. The following shall be codified as Section 11-63-5, Mississippi Code of 1972:

11-63-5. This chapter does not apply to a corporation or other legal entity that contracts to subject the entity to foreign law in a jurisdiction other than this state or the United States.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.