What are the justifications for enforceability in judicial rulings, ta'zir crimes, and modern penal theories?

The jurists have stipulated that a judge's ruling is enforceable unless it contradicts a text from the Quran or Sunnah, or a consensus (ijma'), or a clear analogical deduction (qiyas jali). As for discretionary financial penalties (ta'zir bil-mal), the majority of scholars have prohibited and deemed them unlawful, while the Malikis permitted them under certain conditions. Those who prohibited them cited various hadiths, some of which were abrogated or weak. Ibn Taymiyyah and Ibn al-Qayyim, however, held the view that discretionary financial penalties are permissible. All modern punishments and discretionary penalties should be referred back to the texts of Sharia.