Kanuni i Lekë Dukagjinit

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Kanuni i Lekë Dukagjinit (English: The Code of Lekë Dukagjini; from Turkish; kanun, which means law; originally derived from the Greek kanôn / κανών - see Canon Law), or simply Kanuni or Kanun, is a set of laws developed by Lekë Dukagjini and used mostly in northern Albania and Kosovo from the 15th century until the 20th century and revived recently after the fall of the communist regime in the early 1990s.

This set of laws was a customary one, passed down through the generations, and not codified and written down until the 19th century by Shtjefën Gjeçov. 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 several sections: Church, Family, Marriage, House, Livestock and Property, Work, Transfer of Property, Spoken Word, Honor, Damages, Law Regarding Crimes, Judicial Law, and Exemptions and Exceptions.

Kanuni survived largely unchanged through the mass conversion of most Albanians to Islam in the 17th century. According to Japanese researcher Kazuhiko Yamamoto, "the ethical structure of the Kanun is based on pagan culture."^[1]

Some of the most infamous rules specified how murder was supposed to be handled, and it often led to blood feuds that lasted until all the men of the two involved families were killed. In some parts of the country, the Kanuni resembles the Italian vendetta. These rules have recently resurfaced in northern Albania, since people have lost 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: me e fal gjakun), 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.

The communist regime of Enver Hoxha tried to stop the practice of Kanun by killing or removing the clan elders, who applied and held knowledge of Kanun. After the fall of communism the communities have been returning to the old traditions, but some parts of the tradition have been lost, leading to fears of misinterpretation.

The only complete English translation is by Leonard Fox, published in 1989 (ISBN 0962214108).

The Kanun is organized in the following 12 books, and is comprised of nearly 1300 articles that regulate almost all aspects of life. (1) Church; 1.The Church 2.Cemeteries 3.Property of the Church 4.The Priest 5.Church workers (2) Family; 1.The family make-up (3)Marriage; 1.Engagement 2.Wedding 3.The Kanun of the groom 4.In-laws 5.Separation 6.Inheritance (4)House, Livestock and Property; 1.The house and its surroundings 2.Livestock 3.Property 4.The boundary (5) Work; 1.Work 2.Hunting 3.commerce (6)Transfer of Property; 1.Borrowing 2.Gifts (7) Spoken Word; (8) Honor; 1.Individual honor 2.Social honor 3. 'Blood' and gender; brotherhood and godparents (9) Damages; (10) Law Regarding Crimes 1.Criminals 2.Stealing 3.Murder (discussion of sanctioning of blood feuds) (11) The kanun of the elderly (12) Exemptions and Exceptions 1.Types of exceptions 2.Death

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.

Excerpt from Edith Durham's “High Albania” The most important fact in North Albania is blood-vengeance, which is indeed the old, old idea of purification by blood. It is spread throughout the land. All else is subservient to it... Blood can be wiped out only with blood. A blow also demands blood, so do insulting words. One of the worst insults is the marrying of a girl betrothed to one man, to another. Nothing but blood can cleanse it. Abduction of a girl demands blood, as does of course adultery. This does not appear to be common. It entails so much blood that "the game is not worth the candle." The blood taken need not be that of the actual offender. It must be male blood of his house or tribe. The usage differs in various districts, and will be noted in the accounts of them. A man is answerable, too, for his guest, and must avenge a stranger that has passed but one night beneath his roof, if on his journey next day he be attacked. The sacredness of the guest is far-reaching. A man who brought me water from his house, that I might drink by the way, said that I now ranked as his guest, and that he should be bound by his honour to avenge me should anything happen to me before I had received hospitality from another. Blood-vengeance, slaying a man according to the laws of honour, must not be confounded with murder. Murder starts a blood feud. In blood-vengeance the rules of the game are strictly observed. A man may not be shot for vengeance when he is with a woman nor with a child, nor when he is met in company, nor when besa (oath of peace) has been given. The two parties may swear such an oath for a few weeks if they choose, for business purposes. There are men who, on account of blood, have never been out alone for years. When the avenger has slain his victim, he first reaches a place of safety, and then proclaims that he has done the deed. He wishes all to know his honour is clean. That he is now liable to be shot, and, if the blood be taken within the tribe, to heavy punishment also, is of minor moment to him. Finally, a note on how punishment works when the faint excuse for authority -- the Djibal council -- has no executive power. In medieval Scandinavia, the answer would be to declare the man outlaw -- open to being killed by anyone, without punishment. The Albanians had the same general idea, but with a twist: they declared the offender's home and farm outlaw. In the Dukaghini tribes the council has power not merely to burn his house, but to destroy his crops, fell his trees, slaughter his beasts, and condemn him to leave his land unworked. An incredible amount of food-stuff is yearly wasted, and land made desolate... A man can save his house only if he can return to it and defend it successfully for three days, so that no one can approach near enough to set fire to it. A "very brave man" was pointed out to me in Berisha, who has three times been condemned to have his house burnt, and each time saved it thus...

Some illustrative excerpts from the Kanun: Section CXXIV, entitled "Blood": § 886. In the Kanun of the mountains of Albania, every male child born is considered to be good, and all are equal. § 887. The value of a man's life is the same, whether he is handsome or ugly. § 888. Everyone considers himself good, and says to himself, "I am an honorable man," while he is greeted with the phrase, "Are you an honorable man?" § 889. If distinctions were made between the blood of one person and that of another, the law would not have an exact application and different standards based on individual character would be used with regard to pledges, but in fact all men have the same value [lit. 'each person considers that he weighs exactly 400 drams on his own scale'.] § 890. If distinctions of blood were permitted, the ugly and the poor could be killed with impunity; murders would increase, since no one would be answerable for killing the ugly and the poor. § 891. For that reason, "Leka [Dukagjini] considered all blood equal; the good are born from the bad and the bad, from the good." "Soul for soul, God creates all." § 892. Whoever kills a human being, whether man or woman, boy or girl, or even an infant, handsome or deformed, Chief, Elder, or principal Elder, rich or poor, noble or baseborn, must pay the same penalty: 6 purses [i.e. 3000 grosh], 100 sheep, and half an ox in fine. § 893. If someone wounds another person, whether male or female, the penalty is one half that stated in § 892. § 894. "The wound is evaluated according to the limb or the judgment of the physician." (The cost of medical attention is fixed by the physician.) § 895. If a Chief or the people act to reconcile the parties in a case of murder or wounding, then the fine is only 6 purses for murder and 3 for a wound. If good friends mediate for reconciliation in a case of murder or wounding, in addition to the 6 or 3 purses, the costs of medical attention must be paid. § 896. If the murder has been committed in his own village, the murderer, together with the males of his house -- even infants in the cradle, must leave the village and go to stay with friends, in order to avoid the danger of being killed. § 897. The family of the victim may not take vengeance on the women of the murderer's family, because "A woman and a priest do not incur the blood-feud."