هل يُعذر المخطئ في اجتهاده في الأصول والفروع؟
د. أيمن صالح
https://gotoayman.blogspot.com/2019/11/blog-post_29.html

On the permissibility of women's attendance in mosques:

This is a good question. I think tbh its application today is fairly straight forward at least in the West.

If someone acknowledges that the default ruling in the time of revelation, as explicitly stated by the Prophet (peace be upon him), is permissibility of women attending the mosque, then the only question is whether there is any strong reason to depart from this default status - in a way that considers both short-term and long-term harms & benefits in preventing women attending mosques, and that is consistent with how women actually engage in society and occupy spaces in every other domain.

But I'll share a bunch of useful references on the topic below:

Article by Sh. Hatim al-Awni:

https://www.dr-alawni.com/m/articles.php?show=211

Video by Sh. Hatim al-Awni detailing women's attendance in the mosque, and the different rules it can take (including istihbab and wujub):

https://youtu.be/xsVIc5DeD64?feature=shared

This is also an aspect of Sadd al-Dhari'ah that I don't think Sh. Judai mentions in his Usul work

I believe the arguments by Ibn Hazm here are certainly worth reading. Some arguments are very strong even if others can be responded to

Also, this week we'll be covering the role of Custom ('Urf) in Law InSha'Allah, so we'll also discuss laws built on a particular custom changing with time and place

This is a good example of having to reassess the benefits and harms behind a particular scholarly ruling, and not simply relying on a conclusion from a scholar in the past who was talking about a very different situation

These are messages and references I shared with my Usul al-Fiqh cohort last year.

Sh. Hatim al-Awni - Women's Attendance in Mosques - (Personal Notes)
https://www.youtube.com/watch?v=xsVIc5DeD64

The Prophet (peace be upon him) said:
لا تمنعوا إماء الله مساجد الله
'Do not prevent the female servants of God from God's places of worship.' (Bukhari and Muslim)

Sh. Awni says this report has an additional clause that is not authentic:
وبيوتهن خير لهن
'and their homes are better for them'.
This added clause is found in works like Sunan Abi Dawud but is not authentic despite it being quoted popularly by preachers. The clause is not found in the collections of Bukhari and Muslim, and is considered a solitary transmission (tafarrud) of one of the transmitters.

Sh. Awni argues that this hadith indicates the permissibility of women attending the mosque, and that they should not be prevented from attending.

This hadith is transmitted by Abdullah ibn Umar. It is authentically reported that when Ibn Umar quoted the hadith to one of his sons, his son replied that he will prevent women from attending the mosque, as though he possessed greater concern [for women] (ghayrah) than God's Messenger (peace be upon him). Upon hearing this, Ibn Umar rebuked him strongly, saying that he just quoted to him the statement of God's Messenger (peace be upon him) while he argues the opposite.

Another incident demonstrating the understanding of this hadith from the Companions is the authentic report concerning the wife of Umar ibn al-Khattab:
One of the wives of Umar would regularly attend Fajr and Isha in the mosque. She was asked why she attends knowing that Umar feels protective (i.e. ghayrah) and that he may not like it. She responded that she knows why Umar does not prevent her from attending, and that is the statement of the Prophet (peace be upon him). In other words, it is as though she is saying that she prefers the permission granted by the Prophet (peace be upon him) over the ghayrah of Umar.
Sh. Awni explains that this is to say that ghayrah is only praiseworthy when it accords with the guidelines of law, otherwise it is not.

Sh. Awni argues that there is no doubt that women's attendance in mosques is permitted, and says that sometimes it may even be argued to be necessary (wajib) if that is the only means for women to acquire learning. He says it may even be argued to be recommended (mustahabb), or emphatically recommended, if that is the only way she will be reminded of God and strengthen her relationship with Him.

Sh. Awni says that he reminds those who prohibit women from attending the mosque that just as men experience the need to attend the mosque, listen to reminders, the Friday sermon and listen to Quranic engagement in order to strengthen their faith, women similarly experience the same need.

Sh. Awni says that how can believers aspire to have women who are learned and have a relationship with God if they are prohibited from places of goodness, Godly reminders, and learning?

Sh. Awni concludes by stating that women attending mosques should remember to observe the correct etiquette, modesty, and dresscode upon attendance. He then quotes the hadith of Abdullah ibn Mas'ud in which the Prophet (peace be upon him) said:
'A woman is a covering ('awrah), and when she comes out, the devil catches sight of her. The closest a woman is to her Lord is when she is in her home.'
Sh. Awni explains that some misunderstand the first clause of the hadith describing a woman as 'awrah, and that all that is intended is her requirement to observe appropriate dresscode. The second clause about the devil simply means that when she comes out, the devil takes advantage of men through their innate attraction. The final clause, Sh. Awni argues, indicates that while it is permitted for women to attend the mosque and, as mentioned, perhaps even necessary (wajib) or encouraged (mustahabb) at times, in the absence of reasons that make it necessary or encouraged, it is better to perform the prayer at home if she were to experience the same level of prayer quality and attentiveness.