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The question

If the court orders alimony for the wife, and the able husband refrains from paying it, must it be settled from his estate after his death, or is the settlement limited only to the overdue alimony?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wife's maintenance is obligatory upon her husband and does not lapse with the passage of time or his death. Rather, it remains a debt upon him, similar to the dower (mahr), according to the majority of scholars, especially if a court has ruled it. Some jurists, however, hold that it does lapse. If the husband refrains from providing maintenance, and someone else provides it with the intention of claiming it back, that person has the right to demand it. The wife may also borrow money on his behalf if it is impossible to obtain maintenance from his property.

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Ftawy
Original fatwa ID
177471
Imported
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Source text, unreviewed
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