Can a discretionary punishment be elevated to a fixed Qur'anic punishment?

The Shaykh : And can a discretionary punishment be elevated to a fixed Qur'anic punishment, or not? The answer is: No, a discretionary punishment does not escalate to a fixed Qur'anic punishment if the crime is of the same type. So, if someone is given a discretionary punishment for an accusation of unlawful sexual intercourse, or for kissing a woman, or something similar, he will not reach one hundred lashes, for example, if he is a free man, nor fifty lashes if he is a slave. Now, if the person committing unlawful sexual intercourse is a male slave, meaning not a female slave, is the punishment halved? If the male slave commits unlawful sexual intercourse, is it halved just as the punishment for a female slave is halved? There is disagreement among the scholars on this. Some said that it is not halved due to the generality of the saying of Allah the Exalted: This is the view of the Zahiriyyah. Others said that it is halved if a male slave commits unlawful sexual intercourse, in which case he is flogged fifty lashes by analogy to the female slave. It has not become clear to me which of the two opinions is stronger. This is because the analogy here is opposed to a general text, and specifying a general text by analogy is a matter of disagreement among the scholars of legal theory. Furthermore, the analogy may be prevented, and it is said that the female slave is overcome by her circumstances and does not have the same patience and endurance as the male. The male has more control over himself than the woman has over herself, and he possesses patience, fortitude, and endurance that the female does not have. If that is the case, then the analogy is not correct, because one of the conditions of analogy is that the branch and the root must be equal in the operative cause of the ruling. If they differ, the analogy is not valid. Yes.