Salam everyone. So I was wondering what your opinions are, from a Quranic point of view, on the following issues:
1. I believe the Islamic conception of human rights is derived from the idea of khilafah on earth. All rights humans are entitled to would stem from this, such as the right to free agency of belief (assuming one is not harming others) and the right to education. From this, it seems that in an Islamic state, acts that harm others would be federally punishable whereas private sins would not be.
For example in the case of adultery, punishment only occurs if 4 witnesses are obtained. Adultery is a private sin and normally doesn't have witnesses, so if 4 witnesses are actually found, it indicates that the sin was publicized and affects society as a whole. Therefore it is punishable by state authorities.
Would things like drinking alcohol in private be punishable by the state according to this reasoning? (i.e. it's possible that drinking in private wouldn't warrant punishment unless the individual goes drunk driving and runs over someone, thus harming them and incurring consequences)
2. Someone recently brought up the idea that in an Islamic state, public proselytizing of other religions (Christianity, atheism) would be banned. This is based on the premise that since an Islamic state is built on the fundamentals of Islam, publicly promoting other beliefs/falsehoods (even peacefully) constitutes "chaos" and should be met with punishments/fines.
I believe this is invalid because freedom of religious expression is protected in the Quran as long as one refrains from attempting to forcefully convert others. So public proselytizing would not be banned unless it is violent.
This is complicated, but I hope it makes sense. Opinions?