TheKanun (alsoGheg Albanian:Kanû/-ja, other names includeAlbanian:doke, zakon, venom, usull, itifatk, adet, sharte, udhë, rrugë[1]) is a set ofAlbanian traditionalcustomary laws, which has directed all the aspects of theAlbanian tribal society.[2][3]
For at least the last five centuries and into the present, Albanian customary laws have been kept alive only orally by the tribal elders. The success in preserving them exclusively throughoral systems is an indication of ancient origins.[4] Strong pre-Christian motifs mixed with motifs from the Christian era reflect the stratification of the Albanian customary law across various historical ages.[5] The Kanun has held a sacred – although secular – longstanding, unwavering, and unchallenged authority with a cross-religious effectiveness over the Albanians, attributed to an earlierpagan code common to allAlbanian tribes.[6] The AlbanianKanun is regarded as a literary monument of interest toIndo-European studies, reflecting many legal practices of great antiquity with precise echoes in law codes of otherIndo-European peoples, potentially inherited from theProto-Indo-European culture.[7][8][9]
Throughout history, Albanian customary laws have been changed and supplemented with newnorms, in accordance with certain requirements of socio-economic development.[10]Besa andnderi (honour) are of major importance in Albanian customary law as the cornerstone of personal and social conduct.[11]
The first known codification of Albanian oral customary law was published by theOttoman administration in the 19th century.[12][13] Several regional Albanian customary laws have been collected and published during the 20th and 21st centuries, includingThe Kanun ofLekë Dukagjini,The Kanun ofSkanderbeg andThe Kanun ofLabëria. During the years of thecommunist regime, the Albanian state abolished by law the customary practices. However, their exercise returned after the 1990s as a result of the collapse of state institutions inAlbania and inKosovo.[14] In Albania, in particular, the exercise of customary law was observed especially in matters related toproperty law.[15]
The termkanun comes from theGreek "κανών" ("canon"), meaning amongst others "pole" or "rule"[16] and was transported from Greek toArabic and then into earlyTurkish.[17] The term must have been divulgated during theOttoman rule.[18] It was so widely used among Albanians that when something was legal it was said to be "kanun",[19] and when not legal, "the kanun doesn't give it". Theconsuetudinary law was called "kanun".[20] BaronessVon Godin thought it was theOttomans that gave the namekanun and that the Albanian nameLek (Latin lex) was only later perceived as aproper name attributed to late Medieval nobleman of theDukagjini family.[21]
Aside from the termkanun other words of Turkish extract were used (usull, itifak,adet,sharte) or in the Albanian periphrase "rrugë" or "udhë" (way or path).[21] In Martanesh and Çermenikë it was known as "kanun",[22][19] inToskëria it was known as "The Kanun of the Adet", inLabëria "The sharte of Idriz Suli",[23][24] in the Bregu districtVenomet e Himarës.[25] but in Dibër, Kurbin, Bendë and Tamadhe it was calledzakon (fromslavonicзаконъ).[26]According toÇabej,[27]Camaj[28][29] andSchmidt-Neke, the oldest Albanian word by which the customary law was known wasdoke,[30] meaning "custom", "usance", "tradition" inAlbanian.[31]
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The Albanian customary law is among the Albanian literary monuments that are of interest toIndo-European studies, reflecting many legal practices of great antiquity that are shared with law codes followed by otherIndo-European peoples, potentially inherited from theProto-Indo-European culture. It has been pointed out that "The laws governing such matters as hospitality, the rights of the heads of households, marriage, blood-feuds and payment of damages find precise echoes inVedic India andancient Greece andRome".[7][8][9]
The stratification of the Albanian oral customary law across the various historical eras is reflected in its powerful pre-Christian motifs mixed with motifs from the Christian era.[5] The AlbanianKanun contains several customary concepts that have their origins inpagan beliefs, including in particular theancestor worship,animism andtotemism, which have been preserved since ancient times.[32][33][5] Comparing the Albanian Kanun of the Mountains with theIliad and theOdyssey, the Japanese scholar Kazuhiko Yamamoto has concluded that the basic ethical concepts of the stateless social structure of theHomeric Age — 'faith', 'honor', 'blood', 'revenge', 'food', and 'guest' — are the same customary concepts of theAlbanian tribal society.[34][35] British anthropologist and writerEdith Durham has suggested that the Albanian Kanun likely dates back to theBronze Age culture.[36] Others further have conjectured that it may be the continuation of ancientIllyrian tribal laws.[37]
Over time, Albanian customary laws have undergone their historical development, they have been changed and supplemented with newnorms, in accordance with certain requirements of socio-economic development emerged throughout the ages:Classical antiquity,Roman,Byzantine, andOttoman periods.[10][5][38] Some scholars have defined the AlbanianKanun as a set of traditions which are more or less ancient and widespread in the Balkans and in the Mediterranean area, however it should be considered independently as a "customary code and a normative heritage" of a people who, on the basis of their own social sense, have created a legal system that was autonomous from the law enforced by the various conquerors. In other words, it can be defined as a 'constitution' of a stateless social system.[39]
For at least the last five centuries and until today, the Kanun has been kept alive only orally by Albanian tribal elders. The success in preserving them exclusively throughoral systems is an indication of ancient origins. In his codification of theKanunShtjefën Gjeçovi added footnotes in reference to theRoman law, and an earlier indigenous legal system that survived theRoman occupation can be seen in thedoke.[4]
Albanian customs have been handed down through traditional memory systems that have survived intact into modern times in Albania, a phenomenon that is explained by the lack of state formation among Albanians and their ancestors – theIllyrians, being able to preserve their"tribally" organized society. This distinguished them from civilizations such asAncient Egypt,Minoans andMycenaeans, who underwent state formation and disrupted their traditional memory practices.[40] According to some historical sources, the government of the Roman and Byzantine empire had to recognize autonomous customary laws to the various local communities for their self-administration. In this context, during different periods, Albanian customary laws were implemented in parallel withRoman,Byzantine,Ecclesiastic, and subsequentlySharia andOttoman laws.[38][10] This helped the Albanian mountain tribes to preserve their way of life, identity, and neutrality in the face of external centralizing administration.[5]
In the context of religious perceptions, historical sources confirm the relations between the Greco-Roman religious ethics and the Albanian customary laws. These relations can be seen during the rule of theIllyrian emperors, such asAurelian who introduced thecult of the Sun;Diocletian who stabilized the empire and ensured its continuation through the institution of theTetrarchy;Constantine the Great who issued theEdict of Toleration for the Christianized population and who summoned theFirst Council of Nicaea involving many clercs from Illyricum;Justinian who issued theCorpus Juris Civilis and sought to create an Illyrian Church, buildingJustiniana Prima andJustiniana Secunda, which was intended to become the centre of Byzantine administration.[41]
TheByzantine Empire ruled over Albanians for a long period of time, exercising with its institutions influence on the Albanians as well as on other Balkan ethnicities such as the Serbs.[42] In the 11th century, the Albanioi are mentioned, having the same legal status (isopoliteia) as the Byzantines.[43]
In thelate Middle Ages Albanian cities codified statutes that included regulations from ancient local customary laws, developing their own legal tradition and achieving a form of local self-administration.[44] In theStatutes of Scutari the verbbessare is thought to be a trace ofOld Albanian, thence viewed as in relation to an early evidence of the Albanian institution ofBesa.[45][46] Historical sources fromRagusa mention "the Albanian customs of theBalsha".[47] It has been argued that an article inDušan's Code can be considered speculatively as an early attempt to clamp down on the self-administered Albanian customary law of the mountains, and if so, this would be an early evidence that such customary laws were in effect.[48] Syrja Pupovci argues that although there is some similarity between the regulations made inDušan's Code and the Kanun, concerning the legal matters related to the pastoral communities. The Kanun developed independently of the influences of theDušan's Code. However, she does not exclude the possibility of mutual influence of similar tribal laws among the tribes of Montenegro and Herzegovina.[49][50]
In 1492, theSublime Porte officially recognizedHimara its own customary law (Albanian:Venome) for self-government, as it was the center of theLabëria uprisings against theOttoman Empire.[10] When the Ottoman administration became acquainted with the social organization of the Albanian lands, around 1550 they mentioned the local customary law asCanun of the Mountains (Turkish:Xhibal Kanuni).[51] In the 17th century an anonymous prepared a study in theVenetian language:Informazioni sopra origine e metodo delle arbitrarie in affari di sangue in Albania (sec. XVIII) interessante pei costumi (Reale Archivio Generale, Cancelleria Secreta, Cattaro e popolazioni confinarie) (Information on the origin and method of arbitration in the matter ofblood-taking in Albania), addressed to theRepublic of Venice in order to harmonize the state laws of Venice with theKanun of the Albanians in the area fromKotor toShkodra where the rule of theVenetian administration extended. The Venetian Senate did not approve the study because no other law was to be recognized in its provinces.[52] In the same century, some English travelers who visited Himara wrote about a strong customary law implemented by the local population.[10]
In his autonomousPashalik, the Albanian rulerAli Pasha enforced his own laws in addition to theSharia for Muslims andCanon law for Christians, allowing only in rare cases the usage of local Albanian tribal customary laws. After annexingSuli andHimara into his semi-independent state in 1798, he sought to organize the judiciary in every city and province according to the principle of social equality, enforcing his laws for the entire population, both Muslims and Christians. To limitblood feud killings, Ali Pasha replaced blood feuds (Albanian:gjakmarrje) with other punishments such as blood payment or expulsion up to the death penalty.[10] Ali Pasha also reached an agreement with theKurveleshi population, not to trespass their territories, which at that time were larger than the area they inhabit today.[53] Since the 18th century and continuously, blood feuds and their consequences inLabëria have been limited principally by the councils of elders.[10] The mountain region ofKurveleshi represents the last example of a tribal system among southern Albanians,[54][55] which was regulated by theCode of Zuli (Albanian:Kanuni i Papa Zhulit/Zulit orKanuni i Idriz Sulit).[55]
During theTanzimat and the implementation of reforms, the Ottoman administration, in order to address the Albanian customary law which has been implemented along with theOttoman law andSharia, opened an office called "Shkodra Mountains Commission" (Turkish:Iskodra Xhibali Komisi), which was established in 1856–1858, based inShkodra and with administrative and judicial power over the provinces.[56] The Commission embodied the centralized attitudes of the imperial reforms and the approach it would have with local customary law in thebajrak areas and relied mainly on theKanun of the Mountains (Turkish:Kanun-i Jhibal) with some Ottoman administrative element.[57] In 1863 thebylykbashi ofGruda sent a letter to the sergeant asking for theKanun-i Jhibal, giving reason to believe that a codification in Ottoman Turkish already existed. Parts of this codification have been published in twenty paragraphs in thesalname of theVilayet of Shkodra in 1894, which were published translated intoItalian andFrench.[58] The most important elements for the relationship between the Ottoman administration and the local population were: murder, blood feud, reconciliation, blood money, hospitality, theft, and tribal disputes.[59]
The Kanun of Lek Dukagjini was named afterLekë Dukagjini, a medieval prince who ruled in northern Albania and codified the customary laws of the highlands.[60] The code was written down in the 19th century byShtjefën Gjeçovi and partially published in theHylli i Drites periodical in 1913.[2] The full version appeared only in 1933 after Gjeçovi's death in 1926.[2]
Although researchers ofhistory and customs of Albania usually refer to Gjeçovi's text of the Kanuni as the only existing version which is uncontested and written by Lekë Dukagjini, it was actually incorrect. The text of the Kanuni, often contested and with many different interpretations which significantly evolved since 15th century, was codified and only named by Dukagjini.[61]
Although the laws are attributed to Lekë Dukagjini, the laws evolved over time as a way to bring order to these lands. The Kanun is divided into12 sections,[62] and Gjeçovi's version has 1,262 articles regulating all aspects of the mountainous life: economic organisation of the household, hospitality, brotherhood, clan, boundaries, work, marriage, land, and so on.[2] TheBesa (personal honour, compare withLat.fides) andnderi (family honour,Lat.honor) are of prime importance throughout the code as the cornerstone of personal and social conduct.[2][63] The Kanun applies to both Christian and Muslim Albanians.[2]
Some of the Kanun's most controversial rules (in particular book 10 section 3) specify how murder is to be handled, which in the past (and sometimes still now) would lead toblood feuds lasting until all men of the two involved families were killed.[64][better source needed] In situations of murder, tribal law stipulates the principle ofkoka për kokë (head for a head) where the relatives of the victim are obliged to seekgjakmarrja (blood vengeance).[60] Regarded simply as producers of offspring, women are referred to in adiscriminatory manner and not considered worthy targets as such.[64][better source needed] In some parts of the country, the Kanun resembles the Italian vendetta.[65] These rules resurfaced in the 1990s in Northern Albania, as 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" (Albanian:Falja e Gjakut), 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. Tribal laws also held that thieves would need to pay fines for the relative amount that was stolen.[60]
Albanian tribes from theDibra region (known as the "Tigers of Dibra") governed themselves according to the Law of Skanderbeg.[66]
The AlbanianBytyqi,Gashi,Gruda,Trieshi,Hoti,Kastrati,Kelmendi,Krasniqi,Shkrel, andKuçi tribes are known to follow theKanuni i Malësisë së Madhë, a variant of the Kanun. Its implementation extends from these tribal regions aroundShkodër to theHighlands of Gjakova.[67]
Former communist leader of AlbaniaEnver Hoxha effectively stopped the practice of Kanun with hard repression and a strong state police. After Communism's fall some communities, however, have tried to rediscover the old traditions, but some of their parts have been lost, leading to fears of misinterpretation. In 2014, about 3,000 Albanian families were estimated to be involved in blood feuds; since the fall of Communism this has led to the deaths of 10,000 people.[64][better source needed] There is extensive debate on the number of blood feuds and deaths in the present day, a major factor being the use of blood feuds in asylum applications.[68] Cedoca reported in 2017 that, according to Albanian State Police Headquarters, from 2013 to March 2017, there were five deaths related to blood feuds;[69] that said, the British embassy in Tirana claims that police 'tend to estimate the lowest numbers' when reporting the population involved in blood feuds.[70] Albanian Daily News reported in 2018 that one man had died due to a blood feud.[71]
The first known codification of Albanian oral customary law isLek Dukagin Kanunu ("The Kanun of Lekë Dukagjini") by theOttoman administration, published in 1872 inPrizren, and written inOttoman Turkish.[12][72] Albanian oral customary laws have been collected in different regions and published during the 20th and 21st centuries:
German BaronessMarie Amelie von Godin, in collaboration withEqrem Vlora, at the request of the Franciscans, started from the year 1938 the systematic translation inGerman of theKanun of Lekë Dukagjini on the basis of an earlier codification in Albanian by Gjeçovi. It was published in the 1950s, shortly before the author's death. Von Godin's work was republished in 2001, edited byRobert Elsie with an introduction by Michael Schmidt-Neke.[82] AnItalian translation of theKanun of Lekë Dukagjini was published in 1941, translated by the FranciscanPal Dodaj, and edited byGjergj Fishta andGiuseppe Schirò, with the introduction by Federico Pateta,[83][84] and republished in 2009 with the introduction by Donato Martucci.[84] A dual English-Albanian version of theKanun of Lekë Dukagjini was published in 1989,[2][85] and then republished in 1992.[86] An Italian translation of theKanun of Skanderbeg was published in 2017, translated by Genc Lafe and edited by Donato Martucci.[87][88]
The Kanun is based on four pillars:
TheKanun of Lekë Dukagjini is composed of 12 books and 1,262 articles. The books and their subdivisions are as follows:
Albanian writerIsmail Kadare evokes the Kanun several times in his books, and it is the main theme in his novelBroken April.[89] He also evokes the kanun in his novelKomisioni i festës[90] (English:The Celebration Commission), where Kadare literally describes theMonastir massacre of 1830 as the struggle between two empires: the Albanian Kanun with its code ofbesa and the Ottoman Empire itself.[91] According to Kadare in hisliterary critique bookEskili, ky humbës i madh (English:"Aeschylus, this big loser"),[92] whereloser refers to the great number of tragedies that were lost fromAeschylus, there are evident similarities between thekanun and thevendetta[65] customs in all Mediterranean countries.
Barbara Nadel'sDeep Waters refers to Kanun andGjakmarrja.[93]
Joshua Marston's 2011 filmThe Forgiveness of Blood, a drama set in modern-day Albania, deals with the Kanun. The film relates a blood feud between two families in Northern Albania, focusing primarily on how the feud affects the children of one family.
In season 6, episode 9 ofLaw & Order: Criminal Intent ("Blasters") the Kanun is referred to as explanation for the sudden retreat of a group of Albanian assassins.
The Kanun plays a major role in the Belgian movieDossier K.
Elvira Dones'Sworn Virgin refers to Kanun and women's practice ofswearing celibacy in return for being accepted as men by all local villagers.[94]
Belgian TV makerTom Waes visited Albania during one of the shows in his series Reizen Waes. He was served spit-roasted goat and was offered the goat's head, in keeping with Kanun rules about honoring a guest at dinner.[95]
The Kanun is referred to in "The Closer"; Season 6 | Episode 14: "The investigation into the Albanian blood feud".[96]
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