Kanun - Development

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 Gjeçovi 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 Christian 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 feuds 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" (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. 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.

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