Sheikh Sâmî al-Mâjid
In Islamic Law, a ruler may impose a discretionary punishment (ta`zîr) when no prescribed punishment is given in Islamic Law for a certain crime. Likewise, the ruler may decide to give a stricter punishment than the prescribed punishment.
This discretionary punishment can thake many forms, like a fine, imprisonment, and in some cases the death pealty. The law in Saudi Arabia, for instance, is that it is permissible for a judge to apply the death penalty as a punishment for drug smugglers who bring large quantities of drugs into society.
Source: Islam Today