Q: A man had previously asked me to marry him in the presence of two witnesses and I said yes. This was years ago.
My husband currently went through my phone and saw a chat regarding this marriage. He asked me about it which I said it was invalid as it was not conducted with a wali. My husband said it is valid. After having checked a Muslim girl can marry herself without a Wali.
My husband promised marriage to me again if I take a talaq from the previous boy which I did and then he, my current husband will make a new nikkah.
After doing all of this, all of a sudden my husband current gave me a third talaq. Now we are in a dilemma as to whether I can make nikkah with my second husband again as his nikkah with me was not valid.
A: If the first person you married without the consent of your wali was a kufu to you (i.e. he was equal to you in the level of your deen and in your social standing), then the nikaah with him was valid. Therefore, the two talaaqs which your second "husband" issued to you while you were still in the nikaah of your first husband were not valid.
After your first husband gave you talaaq, if you completed the iddat and then married your second husband, then this second nikaah is valid and the third talaaq which you second husband issued to is in actual fact your first talaaq. Therefore, it is permissible for your second husband to take you back in his nikaah as he has only issued one talaaq.
And Allah Ta'ala (الله تعالى) knows best.
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