The ruling on scholars disagreeing with the consensus of previous eras

Question:
Honorable Shaykh, may Allah grant you success, is it permissible for Arab scholars to disagree with the consensus of previous eras, especially the consensus on the preferred shares of inheritance? And if the answer is yes, does that mean their consensus applies to matters where there was no previous consensus?

Answer:
Yes. In matters where there is no previous consensus, it is not permissible to disagree with them; rather, it is obligatory to cite them as evidence. As for matters where no previous consensus has been reached, the scholars of the current era may exercise independent legal reasoning (ijtihad) in them. If they agree, and the scholars of the era reach a consensus on a specific matter where no prior consensus existed—matters that are new or have recently arisen, in which they exercise ijtihad—then if the scholars of the Muslim lands agree on a ruling, it becomes a consensus specific to that matter. Yes.