Islamophobia: Toward a Legal Definition and Framework
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COLUMBIA LAW REVIEW ONLINE
VOL. 116 NOVEMBER 01, 2016 PAGES 108-125
ISLAMOPHOBIA: TOWARD A LEGAL DEFINITION AND
FRAMEWORK
Khaled A. Beydoun*
Islamophobia is escalating at a frightening clip in the United
States. Scrutiny of this bigotry, presently understood as 'fear and
suspicion of Muslims, is rising at an alarming rate. Its rapid rise is
reflected in the legal literature, encompassing scholarship analyzing the
emerging national security strategies of the state to the civil liberties
infractions and threats they pose to Muslim subjects. In short time,
Islamophobia has become a subject of considerable scrutiny and interest.
Despite this rising scholarly interest, there is no singular, cogent,
or consensus definition of Islamophobia-and more specifically, there is
no legal definition that adeptly characterizes the state and private
animus directed at Muslim subjects.
This Piece seeks to fill that void. It is the first to provide a precise
definition of Islamophobia to serve and carry forward the prolzferating
body of legal scholarship addressing the state, private, and converging
targeting of Muslim subjects in the United States. It also aims to
facilitate advocacy countering Islamophobia. During an impasse when
suspicion of Muslim subjects is swelling, fear of homegrown radicaliza-
tion rising, and curtailment of Muslim American civil liberties deepen-
ing, a legal definition and framework for understanding Islamophobia
is vital.
INTRODUCTION
What does Islamophobia actually mean?
In recent years, Islamophobia has emerged as a term of common
popular and political parlance. It saturates media headlines and news-
* Associate Professor of Law, University of Detroit Mercy School of Law; Affiliated
Faculty, University of California, Berkeley, Islamophobia Research & Documentation
Project. The author would like to thank Donna Auston, Sahar Aziz, Devon Carbado, Cyra
Choudhury, Kimberl6 Crenshaw, Erin Durrah, Grace Franklin, Justin Hansford, Luke
Harris, Margari Hill, Joe Lowndes, Dalia Mogahed, Jamelia Morgan, Priscilla Ocen, Soyun
Park, Kameelah Rashad, Qasim Rashad, Linda Sarsour, Priscilla Yamin, and Ezra Young for
their insight and comments.
1. Tanya Basu, What Does 'Islamophobia' Actually Mean? A Brief History of a
Provocative Word, Atlantic (Oct. 15, 2014), http://www.theatlantic.com/international/
archive/2014/10/is-islamophobia-real-maher-harris-aslan/381411/ [http://perma.cc/3UK2-
V7U6].
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Islamophobia: Toward a Legal Definition and Framework
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