Is burning with fire permissible as a discretionary punishment?

Question:
Is burning with fire permissible as a discretionary punishment, as the eyes of the 'Uraynites were branded?

Answer:
What is this? This is not torture by fire; it is torture with nails, torture with nails. The scholars have differed on whether this hadith was abrogated by the prohibition of mutilation. For it is authentically reported from the Prophet (peace and blessings be upon him) that he prohibited mutilation, which is cutting up the limbs of a slain person after he has been killed. This is authentically reported from the Prophet (peace and blessings be upon him). They said that this is an abrogating text for this hadith, while some said no, it is not abrogated; this falls under the category of retaliation (qisas), and retaliation is doing to the perpetrator what he did to the victim. It has passed you that the Prophet (peace and blessings be upon him) crushed the head of the Jew between two stones, just as he had crushed the head of the woman who committed adultery. This is from the category of retaliation. Yes.