Abstract

Excerpted From: Nadia B. Ahmad, The Imperceptibility of Muslim Identity, 28 CUNY Law Review 169 (Winter, 2025) (154 Footnotes) (Full Document)

On August 19, 2024, during the Democratic National Committee's Convention (DNCC), I experienced a gender-based Islamophobic attack in the United Center that highlighted the dangerous intersection of prejudice and political expediency in American politics. As a Muslim woman holding a sign reading “Stop Arming Israel,” I was physically assaulted by three white men, members of the Laborers' International Union of North America (LiUNA). They struck me, a hijab-wearing woman, on the head with plastic campaign signs with wooden planks inside; their actions driven by a toxic combination of Islamophobia and political intimidation. Despite filing a police report and a hate crime complaint with the Illinois Attorney General's office and calling for action, neither the Democratic Party, the City of Chicago, the State of Illinois, nor the federal government has yet to formally acknowledge or condemn the violence. The Chicago Police Department has taken no action twenty weeks later. This incident underscores the urgent need for political spaces, including those within the Democratic Party, to confront Islamophobia and protect the rights of marginalized communities.

The law professor, the student activist, the mother, the woman who will not take “no” for an answer--all those parts of me converged at that moment. The assault was not just physical; it was an attack on every role I play and every principle I stand for. Four months later, I am still suffering from post-concussion symptoms. The headaches persist, and while steroids have helped reduce the inflammation, nothing can erase the trauma but justice, and justice seems to be in short supply. I have had to slow down, as I can no longer think as quickly as I used to, and the pain continues to bother me. This attack was a symbol of the broader Islamophobia and marginalization that too often goes unchecked in political spaces.

As I looked back at my interactions with Westerners, I was struck by how those negative stereotypes reemerged from time to time. While this stereotyping of Muslims is not universal, the historical tensions present an opportunity for scholarly inquiry. As Muslim individuals and communities undoubtedly confront their own distinct forms of oppression, education scholar Noor Ali urges the formation of MusCrit as a distinct identity within critical race theory (CRT). MusCrit theory argues that Muslim Americans are often viewed as a monolithic group due to the racialization of religion, leading to experiences of oppression ranging from microaggressions to outright violence and discrimination. The theory is built on six key tenets, including the systemic nature of racialized oppression, the importance of identifiability in the Muslim experience, the role of gender in oppression, the need for counter-narratives, the concept of whiteness as property and norm, and the essential role of allies. I urge support for the development of MusCrit, but also consider Muslim identity more broadly beyond the constraints of race because of the strained relationship between racial and ethnic identities and religious intolerance of Muslims and other religious identities. I find the racialization of Muslims as fraught because Islam is a religion, not a race. Contorting Islam into a Western racial construct for ease of understanding furthers the inferiority of Islam and Muslim identity. I also consider how the rising anti-CRT movement paralyzes legitimate criticism of CRT as classist and anti-intellectual diversity because of fraught faith-based social dogmas.

This article proceeds in four parts. First, I deconstruct problematic encounters I face in professional and ordinary spaces. Second, I map out my path to becoming a lawyer and law professor as a practicing American Muslim and the tensions between neoliberalism, neo traditionalism, and heterodox legal analysis. Third, I examine the burdens of incessant bias in media and popular culture in the War on Drugs and War on Terrorism as an extension of the state and corporatist violence of empire-building. Fourth, I turn to my daily battles of whether to quit or persist.

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Looking beyond racist stereotypes, we must recognize the humanity that has been neglected in the face of decades of the War on Terror and centuries of colonialism in the Muslim world. By critically examining depictions of violence and media stereotypes, we can challenge and debunk narratives that support the War on Drugs and the War on Terror as tools for empire-building to better understand the complexity and multifaceted nature of issues surrounding the criminal justice system. We must adopt an abolitionist stance on incarceration and the decriminalization of migration, recognizing that closing borders to Muslims is not a solution to climate crises or conflicts. Instead, we need to provide more nuanced and humanizing depictions of individuals involved in these conflicts to help dispel misconceptions and prejudices propagated by earlier entertainment programs.

As educators and members of society, we have a responsibility to foster critical thinking and media literacy. By incorporating diverse perspectives and encouraging students to question dominant narratives, we can create an environment that challenges stereotypes and promotes understanding. Recognizing the humanity of those affected by drug-related violence and the criminal justice system promotes empathy and deeper comprehension to cultivate a generation of critical thinkers who are better equipped to navigate and positively influence our increasingly difficult and interconnected world. By reframing our educational and societal approaches in this way, we can bridge gaps between diverse communities and promote a more inclusive, just, and compassionate society.

Nadia B. Ahmad, Associate Professor of Law, Barry University School of Law; Ph.D. Student, Yale School of the Environment; B.A., University of California, Berkeley; J.D., University of Florida Fredric G. Levin College of Law; LL.M. in Natural Resources and Environmental Law and Policy, University of Denver Sturm College of Law.