The institution of ta’zeer came about precisely because the Shari’ah does NOT cover every conceivable human activity. Judges are empowered with discretionary privileges to impose penalties that do not exist in the Law. But these instances are, by nature, not legal precedents, and they do not ADD TO THE LAW; or anyway, should not. And, personally, expanding the power of judges to impose ta’zeer is not something I am particularly comfortable with…and turning their discretionary judgements into part of the actual legal code is extremely problematic