Mustadrak al-Hakim 2743 — The ruler is the guardian of one

It is narrated from Sayyidah Aishah (may Allah be pleased with her) that the Prophet (peace and blessings be upon him) said: "Any woman who marries without the permission of her guardian, her marriage is void, her marriage is void, and she will receive her dowry (mahr) because of the intercourse. And if they differ among themselves, then the ruler (sultan) is the guardian of the one who has no guardian."
Through the narrations of reliable Imams, the narrators' hearing from one another has been established. Therefore these narrations cannot be faulted on the basis of Ibn Ulayyah's report that he asked Ibn Jurayj about it, and that he said: I asked al-Zuhri and he did not recognize it. For at times a trustworthy hafiz forgets a hadith after having narrated it, and this has happened with several of the huffaz of hadith.

It is narrated from Imam Ahmad bin Hanbal (may Allah have mercy on him) that it was mentioned in his presence that Ibn Ulayyah says, concerning this narration of Ibn Jurayj, "There is no marriage without a guardian": Ibn Jurayj said: I met al-Zuhri and asked him about it, and he did not recognize it - while al-Zuhri had praised Sulayman bin Musa. At this Imam Ahmad bin Hanbal said: Ibn Jurayj had properly compiled books, and this (Ibn Ulayyah's claim) is not found in his books.

It is narrated from Yahya bin Ma'in (may Allah have mercy on him) that he was asked about Ibn Jurayj's narration "There is no marriage without a guardian", and it was said that Ibn Ulayyah says that Ibn Jurayj said: I asked al-Zuhri about it and he said: I do not remember it. Yahya bin Ma'in said: No one says this except Ibn Ulayyah. In fact, Ibn Ulayyah presented the books of Ibn Jurayj to Abd al-Majid bin Abd al-Aziz bin Abi Rawwad, and he corrected them for him; but he had not devoted himself to hadith.

It is narrated from Shu'ayb bin Abi Hamzah that he said: Imam al-Zuhri said to me: Makhul and Sulayman bin Musa come to us, and by Allah, Sulayman bin Musa is the greater hafiz of hadith of the two.
Imam al-Hakim said: Now we return to the original (narration) which the two Shaykhs (Bukhari and Muslim) could not afford to leave out of the two Sahihs, and that is the hadith of Abu Ishaq from Abu Burdah, from Abu Musa.