Kanuni i Lekë Dukagjinit
Encyclopedia
The Kanun is a set of traditional Albania
n laws. The Kanun was primarily oral and only in the 20th century was it published in writing. There is only one Kanun since the ancient times commonly referred to the "Kanun of Leke" from which six later variations eventually evolved, categorized according to the area, the personality and their time of origin: Kanun i vjetër (Old Kanun), Kanuni i Lekë Dukagjinit (The Kanun of Lekë Dukagjini), Kanuni i Çermenikë
s (The Kanun of Çermenikë), Kanuni i Papa Zhulit (The Kanun of Papa Zhuli), Kanuni i Labërisë
(The Kanun of Labëria) and Kanuni i Skenderbeut (Kanun of Skanderbeg
)
also known as Kanuni i Arbërisë (Kanun of Arbëria).
The Kanun of Skanderbeg is the closest in version to the Kanun of Lekë Dukagjini, and the latter is usually the most known and is also regarded as a synonym of the word kanun. The Kanun of Lekë Dukagjini was developed by Lekë Dukagjini
, who codified the existing customary laws. It has been used mostly in northern Albania
and Kosovo
. It was first codified in the 15th century but the use of it has been outspread much earlier in time. It used under that form until the 20th century, and revived recently after the fall of the communist regime in the early 1990s.
"κανών" ("canon"), meaning amongst others "pole" or "rule" and was transported from Greek to Arabic and then into early Turkish. Kanun was also known by the word of Doke.
. Some authors have conjectured that the Kanun may derive from Illyrian tribal laws. Other authors have suggested that the Kanun has retained elements from Indo-European prehistoric eras.
Edith Durham
, a British anthropologist suggested that the Kanun possibly dates back to the Bronze Age
culture. Some other authors have suggested that there are many similarities between the Kanun and the Manusmṛti, the earliest work of the Dharmaśāstra
textual tradition of Hinduism
, which indicate a common origin.
However several stratifications can be easily observed in the code, beginning with pre-Indoeuropean, Indoeuropean, Ancient Greek, Roman, general Balkan and Osmanli.
and partially published in the Hylli i Drites
periodical in 1913. The full version appeared only in 1933 after Gjeçovi's death in 1926. In 1989 a dual English-Albanian version was published. and then replicated in a 1992 version.
Although Kanuni is attributed to the Albanian prince Lekë Dukagjini, the rules evolved over time as a way to bring laws and rule to these lands. The code was divided into the following 12 books (or sections): Church, Family, Marriage, House, Livestock and Property, Work, Transfer of Property, Spoken Word, Honor, Damages, Law Regarding Crimes, Judicial Law, Exemptions and Exceptions.
The Kanun has 1,262 articles which regulate all aspects of the mountainous life: economic organization of the household, hospitality, brotherhood, clan, boundaries, work, marriage, land, and so on. The Besa
(honour) is of prime importance throughout the code as the cornerstone of personal and social conduct. The Kanun applies to both Catholic and Muslim Albanians.
Some of the most controversial rules of the Kanun (in particular book 10 section 3) specify how murder is supposed to be handled, which often in the past and sometimes still now lead to blood feud
s that last until all the men of the two involved families are killed. In some parts of the country, the Kanun resembles the Italian vendetta. These rules have resurfaced during the 1990s in Northern Albania, since people had no faith in the powerless local government and police. There are organizations that try to mediate between feuding families and try to get them to "pardon the blood" , but often the only resort is for men of age to stay in their homes, which are considered a safe refuge by the Kanuni, or flee the country. The Albanian name for blood feud is Gjakmarrja
.
Former communist Albania leader Enver Hoxha
effectively stopped the practice of Kanun with hard repression and a very strong state police. However, after the fall of communism, some communities have tried to rediscover the old traditions, but some of their parts have been lost, leading to fears of misinterpretation.
Notably, the current Albanian Penal Code does not contain any provisions from the Kanun that deal with blood feuds, and no acknowledgment of this code is made in the contemporary Albanian legal system.
evokes the Kanun several times in his books and has it as its main theme in his novel Broken April
. He also evoques the kanun in his novel Komisioni i festës (The Celebration Commission), where Kadare literally describes the Monastir massacre of 1830 as the struggle between two empires: the Albanian Kanun with its code of besa and the Ottoman Empire itself.
According to Kadare in his literary critique
book Eskili, ky humbës i madh (Aeschylus, this big loser), where loser refers to the big number of tragedies that were lost from Aeschylus
, there are evident similarities between the kanun and the vendetta
laws in all the Mediterranean countries.
Barbara Nadel
's Deep Waters refers to Kanun and Gjakmarrja
.
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
n laws. The Kanun was primarily oral and only in the 20th century was it published in writing. There is only one Kanun since the ancient times commonly referred to the "Kanun of Leke" from which six later variations eventually evolved, categorized according to the area, the personality and their time of origin: Kanun i vjetër (Old Kanun), Kanuni i Lekë Dukagjinit (The Kanun of Lekë Dukagjini), Kanuni i Çermenikë
Çermenikë
Çermenikë is an upland in central Albania.-References:...
s (The Kanun of Çermenikë), Kanuni i Papa Zhulit (The Kanun of Papa Zhuli), Kanuni i Labërisë
Labëria
Labëria is a region in southern Albania roughly reaching from Vlorë south to the Greek border near Sarandë, incorporating Gjirokastër and extending east to the city of Tepelenë. The people of Labëria are known as Labs, who have their own tradition of songs, dances and costumes....
(The Kanun of Labëria) and Kanuni i Skenderbeut (Kanun of Skanderbeg
Skanderbeg
George Kastrioti Skanderbeg or Gjergj Kastrioti Skënderbeu , widely known as Skanderbeg , was a 15th-century Albanian lord. He was appointed as the governor of the Sanjak of Dibra by the Ottomans in 1440...
)
also known as Kanuni i Arbërisë (Kanun of Arbëria).
The Kanun of Skanderbeg is the closest in version to the Kanun of Lekë Dukagjini, and the latter is usually the most known and is also regarded as a synonym of the word kanun. The Kanun of Lekë Dukagjini was developed by Lekë Dukagjini
Lekë Dukagjini
Lekë III Dukagjini was an Albanian prince who fought against the Ottoman Empire. A contemporary of Skanderbeg, Dukagjini is known for the Kanuni i Lekë Dukagjinit, a code of law instituted in northern Albania.- Biography :...
, who codified the existing customary laws. It has been used mostly in northern Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
and Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
. It was first codified in the 15th century but the use of it has been outspread much earlier in time. It used under that form until the 20th century, and revived recently after the fall of the communist regime in the early 1990s.
Etymology
The term kanun comes from the GreekGreek language
Greek is an independent branch of the Indo-European family of languages. Native to the southern Balkans, it has the longest documented history of any Indo-European language, spanning 34 centuries of written records. Its writing system has been the Greek alphabet for the majority of its history;...
"κανών" ("canon"), meaning amongst others "pole" or "rule" and was transported from Greek to Arabic and then into early Turkish. Kanun was also known by the word of Doke.
Origin
The practice of the oral laws that Dukagjini codified in the Kanun may date back to the Bronze AgeBronze Age
The Bronze Age is a period characterized by the use of copper and its alloy bronze as the chief hard materials in the manufacture of some implements and weapons. Chronologically, it stands between the Stone Age and Iron Age...
. Some authors have conjectured that the Kanun may derive from Illyrian tribal laws. Other authors have suggested that the Kanun has retained elements from Indo-European prehistoric eras.
Edith Durham
Edith Durham
Mary Edith Durham was a British traveller, artist and writer who became famous for her anthropological accounts of life in Albania in the early 20th century.-Early life:...
, a British anthropologist suggested that the Kanun possibly dates back to the Bronze Age
Bronze Age
The Bronze Age is a period characterized by the use of copper and its alloy bronze as the chief hard materials in the manufacture of some implements and weapons. Chronologically, it stands between the Stone Age and Iron Age...
culture. Some other authors have suggested that there are many similarities between the Kanun and the Manusmṛti, the earliest work of the Dharmaśāstra
Dharmasastra
Dharmaśāstra is a genre of Sanskrit texts and refers to the śāstra, or Indic branch of learning, pertaining to Hindu dharma, religious and legal duty. The voluminous textual corpus of Dharmaśāstra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic...
textual tradition of Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
, which indicate a common origin.
However several stratifications can be easily observed in the code, beginning with pre-Indoeuropean, Indoeuropean, Ancient Greek, Roman, general Balkan and Osmanli.
Development
This Kanun existed only in oral form, and was first codified by Lekë Dukagjini in the 15th century. The code was written down only in the 19th century by Shtjefën GjeçoviShtjefën Gjeçovi
Shtjefën Gjeçovi born Mëhill Kostandin Gjeçi-Kryeziu was an Albanian Catholic priest, ethnologist and folklorist...
and partially published in the Hylli i Drites
Hylli i Dritës
Hylli i Dritës is an Albanian periodical first published in 1913 by Gjergj Fishta, one of the most notable writers and poets of Albanian literature. It is regarded as one of the most important Albanian magazines of the early 20th century.- History :...
periodical in 1913. The full version appeared only in 1933 after Gjeçovi's death in 1926. In 1989 a dual English-Albanian version was published. and then replicated in a 1992 version.
Although Kanuni is attributed to the Albanian prince Lekë Dukagjini, the rules evolved over time as a way to bring laws and rule to these lands. The code was divided into the following 12 books (or sections): Church, Family, Marriage, House, Livestock and Property, Work, Transfer of Property, Spoken Word, Honor, Damages, Law Regarding Crimes, Judicial Law, Exemptions and Exceptions.
The Kanun has 1,262 articles which regulate all aspects of the mountainous life: economic organization of the household, hospitality, brotherhood, clan, boundaries, work, marriage, land, and so on. The Besa
Besa (Albanian culture)
Besa is an Albanian cultural precept, usually translated as "faith", that means "to keep the promise" and "word of honor". The word's origin can be traced to the Kanun of Lekë Dukagjini, a collection of Albanian traditional customs and cultural practices. Besa is an important part of personal and...
(honour) is of prime importance throughout the code as the cornerstone of personal and social conduct. The Kanun applies to both Catholic and Muslim Albanians.
Some of the most controversial rules of the Kanun (in particular book 10 section 3) specify how murder is supposed to be handled, which often in the past and sometimes still now lead to blood feud
Blood Feud
"Blood Feud" is the twenty-second and final episode of The Simpsons second season. It originally aired on the Fox network in the United States on July 11, 1991. In the episode, Mr. Burns falls ill and desperately needs a blood transfusion. Homer discovers Bart has Burns' rare blood type and urges...
s that last until all the men of the two involved families are killed. In some parts of the country, the Kanun resembles the Italian vendetta. These rules have resurfaced during the 1990s in Northern Albania, since people had no faith in the powerless local government and police. There are organizations that try to mediate between feuding families and try to get them to "pardon the blood" , but often the only resort is for men of age to stay in their homes, which are considered a safe refuge by the Kanuni, or flee the country. The Albanian name for blood feud is Gjakmarrja
Gjakmarrja
In line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to kill another person to avenge an earlier murder or moral humiliation. Gjakmarrja In line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to...
.
Former communist Albania leader Enver Hoxha
Enver Hoxha
Enver Halil Hoxha was a Marxist–Leninist revolutionary andthe leader of Albania from the end of World War II until his death in 1985, as the First Secretary of the Party of Labour of Albania...
effectively stopped the practice of Kanun with hard repression and a very strong state police. However, after the fall of communism, some communities have tried to rediscover the old traditions, but some of their parts have been lost, leading to fears of misinterpretation.
Notably, the current Albanian Penal Code does not contain any provisions from the Kanun that deal with blood feuds, and no acknowledgment of this code is made in the contemporary Albanian legal system.
Pillars of the Kanun
The Kanun is based on four pillars:- Honour
- Hospitality
- Right Conduct
- Kin Loyalty
Content
The Kanun of Lekë Dukagjini is composed of 12 books and 1,262 articles. The books and their subdivisions are the following:- Church;
- The Church
- Cemeteries
- Property of the Church
- The Priest
- Church workers
- Family;
- The family make-up
- Marriage;
- Engagement
- Wedding
- The Kanun of the groom
- In-laws
- Separation
- Inheritance
- House, Livestock and Property;
- The house and its surroundings
- Livestock
- Property
- The boundary
- Work;
- Work
- Hunting
- Commerce
- Transfer of Property;
- Borrowing
- Gifts
- Spoken Word;
- Honor;
- Individual honor
- Social honor
- 'Blood' and gender; brotherhood and godparents
- Damages;
- Law Regarding Crimes
- Criminals
- Stealing
- Murder (discussion of sanctioning of blood feuds)
- The kanun of the elderly
- Exemptions and Exceptions
- Types of exceptions
- Death
Kanun in Literature
Albanian writer Ismail KadareIsmail Kadare
Ismail Kadare is an Albanian writer. He is known for his novels, although he was first noticed for his poetry collections. In the 1960s he focused on short stories until the publication of his first novel, The General of the Dead Army. In 1996 he became a lifetime member of the Academy of Moral...
evokes the Kanun several times in his books and has it as its main theme in his novel Broken April
Broken April
Broken April is a novel by award winning Albanian author Ismail Kadare. Published in 1978, the book explores one of Kadare's recurring themes; how the past affects the present....
. He also evoques the kanun in his novel Komisioni i festës (The Celebration Commission), where Kadare literally describes the Monastir massacre of 1830 as the struggle between two empires: the Albanian Kanun with its code of besa and the Ottoman Empire itself.
According to Kadare in his literary critique
Literary criticism
Literary criticism is the study, evaluation, and interpretation of literature. Modern literary criticism is often informed by literary theory, which is the philosophical discussion of its methods and goals...
book Eskili, ky humbës i madh (Aeschylus, this big loser), where loser refers to the big number of tragedies that were lost from Aeschylus
Aeschylus
Aeschylus was the first of the three ancient Greek tragedians whose work has survived, the others being Sophocles and Euripides, and is often described as the father of tragedy. His name derives from the Greek word aiskhos , meaning "shame"...
, there are evident similarities between the kanun and the vendetta
Feud
A feud , referred to in more extreme cases as a blood feud, vendetta, faida, or private war, is a long-running argument or fight between parties—often groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted or wronged by another...
laws in all the Mediterranean countries.
Barbara Nadel
Barbara Nadel
Barbara Nadel is an English crime-writer. Many of her books are set in Turkey.-Background:Born in the East End of London, Barbara Nadel trained as an actress before becoming a writer...
's Deep Waters refers to Kanun and Gjakmarrja
Gjakmarrja
In line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to kill another person to avenge an earlier murder or moral humiliation. Gjakmarrja In line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to...
.
See also
- History of AlbaniaHistory of AlbaniaThe history of Albania emerges from the prehistoric stage from the 4th century BC, with early records of Illyria in Greco-Roman historiography. The modern territory of Albania has no counterpart in antiquity, comprising parts of the Roman provinces of Dalmatia , Macedonia , and Moesia Superior...
- History of KosovoHistory of KosovoIn antiquity, the Kosovo region in the Balkans was known as Dardania and from the 1st century AD it formed part of the Roman province of Moesia. From c. 700 to 1455, the Kosovo region became part of the Bulgarian Empire, the Byzantine Empire and then the Serbian medieval states, notably Raška...
- Constitution of AlbaniaConstitution of AlbaniaThe current Constitution of Albania was adopted on November 28, 1998. It defines Albania as a parliamentary republic. According to the current Constitution, the Republic of Albania has a unicameral legislature composed of 140 deputies, who elect the head of state, the President of Albania, and the...
- GjakmarrjaGjakmarrjaIn line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to kill another person to avenge an earlier murder or moral humiliation. Gjakmarrja In line with Albania's social code known as Kanuni i Lekë Dukagjinit or simply Kanun , someone is allowed to...
(Blood feud) - Blood moneyBlood money (term)Blood money is money or some sort of compensation paid by an offender or his family group to the family or kin group of the victim.-Particular examples and uses:...
- Honour killing
- Blood LawBlood LawBlood Law is the practice in traditional American Indian customary law where responsibility for seeing that homicide is punished falls on the clan of the victim. The responsibility for revenge fell to a close family member . In contrast to the Western notion of justice, blood law was based on...
- LoveLoveLove is an emotion of strong affection and personal attachment. In philosophical context, love is a virtue representing all of human kindness, compassion, and affection. Love is central to many religions, as in the Christian phrase, "God is love" or Agape in the Canonical gospels...
Sources
- Anonymous: Lek Dukagin Kanunu (The Kanun of Lekë Dukagjini, in Ottoman Turkish). Prizren, 1289 A.H. [1872]. 31 pp.
- Shtjefen Konstantin Gjeçov (Pashk Bardhi, Gjergj Fishta eds.): Kanuni i Lekë Dukagjinit: Veper postume. Permbledhë e kodifikue. Me parathâne Gjergj Fishtës e biografí Pashk Bardhit. Shtypshkroja françeskane, 1933.
- Albania Takes Aim at a Deadly Tradition
- The criminal law in the "Kanun of Lekë Dukagjini"
- "High Albania", Edith Durham.
- Robert Elsie