Faisal H - Notes
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Personal notes and reflections on Quran & Islamic Law Main channel: t.me/FaisalTelegrams Faisal Academy: faisal.thinkific.com
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频道帖子
قال الشيخ عبد الله الجديع:
حديثُ جابر: لعنَ [رسول] الله آكلَ الربا وموكلَه وكاتبَه وشاهدَيه، وقال: هُم سواء.
هذا الحديثُ درسَه الشيخ الجديعُ دراسةً حديثيّة بالنظرِ إلى الرواية والنقل، وانتهى إلى أنّ القولَ 'هُم سواء' ليس مِن قولِ النبيّ (صلى الله عليه وسلم) لكن مِن قولِ جابر، فهذه الزيادةُ مُدرجَةٌ، وهذا مُهمٌّ جدا لأجلِ أن نميّز بين درجاتِ هؤلاء المذكورين. فالذي يكتُبُ والذي يشهدُ والذي يدفعُ الربا، هؤلاء لا يكونون كالظّالمِ، إنّما اشتركوا معه في التحريمِ لكن لا في درجةِ التحريم، والمقصودُ هو إبطالُ هذا النظامِ الربويّ بكلّ صورِه، فلو لم يكن هنالك مَن يدفعُ الربا لا يُوجَد هنالك مَن يأخذُ الربا. فهُمْ سواءٌ في التحريمِ ولا في درجةِ التحريم.
| 2 | رُوي: 'جَنِّبوا مساجدَكم صبيانَكم ومجانينَكم' - هذا حديثٌ منكرٌ موضوعٌ.
- الشيخ عبد الله الجديع | 228 |
| 3 | A playlist on contemporary medical issues by the scholar of Usul, Dr Ayman Saleh:
https://youtube.com/playlist?list=PLvQjADeLIkfK5bze3pKhhxfjsuzpC4fUi&si=dj8wMUZ57rrndjuh | 436 |
| 4 | More details on content here:
https://t.me/shaykhaljudai/809 | 463 |
| 5 | Sh. Hatim al-Awni - 'Kitab Fada'il Abi Hanifah' by Ibn Abi al-'Awwam - (personal notes)
https://www.youtube.com/watch?v=ipMHuZOjjKo&list=PLMQtoa0AhxvLSYlRzE_nyE8xrNLAyP2BA&index=4
Awni discusses the death date of Ibn Abi al-'Awwam and that he seems to have lived until at least 344 AH, contrary to the editor who says 335 AH.
Awni says Ibn Abi al-'Awwam is reliable. He is praised by Hadith scholars and his reliability can also be seen from his work.
Awni says that Ibn Abi al-'Awwam's book does not suffer from the same criticism as al-Saymari's (F: d. 436) book, despite its importance, which is that he frequently narrates from a fabricated work by Ahmad ibn Muhammad ibn al-Salt (also known as Ahmad ibn Muhammad ibn al-Mughallis).
Ibn al-Salt has a work on the virtues of Abu Hanifah that he filled with fabrications. He has been declared a fabricator also by Hanafis like Ibn Qutlubugha.
Awni argues that one of the reasons people criticised Imam Abu Hanifah was that they misunderstood his reasons for dismissing reports, and incorrectly assumed he was rejecting them without argument. Awni argues that another reason was jealousy, because Abu Hanifah's opinions had spread far and wide even during his time among both lay people and judges, who needed rulings to apply without delay (Imam Abu Hanifah preferred to issue fatwa while other scholars abstained, as he felt it was better that a ruling come from a person of learning than leaving the matter to the public who do not possess sufficient knowledge). Awni mentions that Ibn Abi al-'Awwam's book indicates this point of jealousy.
He brings an authentic report from [Nusayr] ibn Yahya al-Balkhi (a Hanafi) that he asked Ahmad ibn Hanbal why he criticises Abu Hanifah? He said ra'y (which Awni describes as subtle extrapolation from texts and analogy from texts). He replied what about Malik who also adopted ra'y? Ahmad said he has ra'y but Abu Hanifah's ra'y will exist perpetually in books ('khullida' - there is a possible issue with the text here). The Hanafi replied that the ra'y of Malik is also preserved in books. Ahmad said there is more ra'y of Abu Hanifah. He replied that why do you then not speak of Malik according to his share of ra'y and Abu Hanifah according to his share (i.e. it is not fair to simply criticise Abu Hanifah)? Ahmad remained silent.
Awni says this report indicates that the standard we use should be applied to everyone equally and we should be fair and just.
Ibrahim ibn al-Jarrah is an early Hanafi and hadith scholar. Some criticised him due to some of his views but Awni argues that he is trustworthy and that the criticisms do not place his narrations under suspicion. He was a student of Abu Yusuf.
Ibn Abi al-'Awwam cites his report (p. 318, no. 730) saying that when he intended to leave for Basrah he asked Abu Yusuf whom he should study under. He replied Hammad ibn Zayd and praised him greatly. So he studied under him and noticed that Abu Yusuf was not mentioned in Hammad ibn Zayd's presence except that he would criticise him. He then said that a woman once came to him asking to record for her a contracted document (which can include contracts of debts, partnerships and wills; these contracts are delicate and require precision so as to not create dispute in understanding the formulation later; therefore, very few people can naturally record these contracts). He did not want to turn her away and also did not want to interrupt a hadith lesson. Ibrahim ibn al-Jarrah said that he will write it for her then gave it to Hammad to view. He was impressed and asked whom he learnt this from. He replied from one whose name is not mentioned except that you criticise him and who advised me to study under you. He asked who? He said Abu Yusuf, so he got embarrassed and only mentioned good things about him thereafter.
Awni says may Allah have mercy on Abu Yusuf and Hammad ibn Zayd. They were both scholars and imams, and while even scholars can make mistakes, one can expect and hope that they would be the quickest to retract any mistake and that they are sincere to Allah. | 2 975 |
| 6 | 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. | 2 514 |
| 7 | These are messages and references I shared with my Usul al-Fiqh cohort last year. | 483 |
| 8 | 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 | 484 |
| 9 | 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 | 467 |
| 10 | I believe the arguments by Ibn Hazm here are certainly worth reading. Some arguments are very strong even if others can be responded to | 463 |
| 11 | Ibn Hazm (d. 456) on understanding the famous statement of Aishah:
"Had the Messenger of God, peace and blessings upon him, seen what the women do now, he would have prevented them from the mosques just as the Children of Israel were prevented." | 528 |
| 12 | This is also an aspect of Sadd al-Dhari'ah that I don't think Sh. Judai mentions in his Usul work | 489 |
| 13 | Sh. Abdullah al-Judai on the permissibility of women's attendance in mosques (al-Musiqa wa al-Ghina' 38-40) | 484 |
| 14 | 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 | 426 |
| 15 | Article by Sh. Hatim al-Awni:
https://www.dr-alawni.com/m/articles.php?show=211 | 360 |
| 16 | Sh. Yusuf al-Qaradawi on permitting women's attendance in the mosque (Fiqh al-Salah 193-195) | 365 |
| 17 | But I'll share a bunch of useful references on the topic below: | 318 |
| 18 | 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. | 341 |
| 19 | On the permissibility of women's attendance in mosques: | 344 |
| 20 | هل يُعذر المخطئ في اجتهاده في الأصول والفروع؟
د. أيمن صالح
https://gotoayman.blogspot.com/2019/11/blog-post_29.html | 516 |
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