Code of Lekë Dukagjini: Difference between revisions

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The following article, 19, defines the members of the family. The family consists of the people of the house; as these increase, they are divided into brotherhoods (vllazní), brotherhoods into kinship groups (gjiní), kinship groups into clans (fis), clans into banners (flamur), and all together constitute one widespread family called a nation, which has one homeland, common blood, a common language, and common customs.<ref>{{cite book |last1=Gjeçovi |first1=Shtjefën |title=Kanuni i Lekë Dukagjinit |page=7 |url=https://archive.org/details/kanuniilekedukagjinit/page/n79/mode/2up}}</ref>

The following article, 19, defines the members of the family. The family consists of the people of the house; as these increase, they are divided into brotherhoods (vllazní), brotherhoods into kinship groups (gjiní), kinship groups into clans (fis), clans into banners (flamur), and all together constitute one widespread family called a nation, which has one homeland, common blood, a common language, and common customs.<ref>{{cite book |last1=Gjeçovi |first1=Shtjefën |title=Kanuni i Lekë Dukagjinit |page=7 |url=https://archive.org/details/kanuniilekedukagjinit/page/n79/mode/2up}}</ref>

The family, or household, is led by the ”zot i shpis” (lord of the home), who is typically the eldest male in the house, usually the father or grandfather. In the case that no father is present, or is incapable of leading the family, the eldest son is given authority over the home. In the case that no such figures are available, a caretaker is elected via an assembly (kuvend).<ref>{{cite book |last1=Gjeçovi |first1=Shtjefën |title=Kanuni i Lekë Dukagjinit |page=7 |url=https://archive.org/details/kanuniilekedukagjinit/page/n79/mode/2up}}</ref>

==Gjakmarrje==

==Gjakmarrje==

Albanian customary law

The Code of Lekë Dukagjini (Albanian: Kanuni i Lekë Dukagjinit, also known as the Code of the Mountains (Kanuni i Maleve) is one of the variants of the Albanian customary law transmitted orally. Believed to be much older,^[2] it was initially codified by the 15th century Albanian Prince of Dukagjini, Lekë.^[3] It was only written and published by the Ottoman administration in the first half of the 19th century in Ottoman Turkish in an attempt to stop the blood feuds.^[4] It was then compiled by the Catholic clergy at the turn of the 20th century.^[5] The collections of the clergy were published in the Albanian language in the periodical magazines as Albania and Hylli i Dritës. The first complete codification of the usual subject saw its first publication in 1933 in Shkodër, a posthumous work of Shtjefën Gjeçovi (killed in 1929) who collected it mainly in the villages of Mirdita and its surroundings.^[6][7]

Overview

The Kanun of Lek Dukagjini was named after Lekë Dukagjini (1410–1481), a medieval prince of Dukagjini who ruled in northern Albania and codified the customary laws of the highlands.^[8] The code was written down in the 19th century by Shtjefën Gjeçovi and partially published in Hylli i Dritës magazine in 1913.^[9] The full version appeared only in 1933 after Gjeçovi’s death in 1929.^[9]

The text of the Kanun, often contested and with many different interpretations that significantly evolved since the 15th century, was only codified by Dukagjini, not created.^[10]

The Kanun is divided into twelve sections,^[11] and Gjeçovi’s version has 1262 articles regulating all aspects of the mountainous life: economic organisation of the household, hospitality, brotherhood, clan, boundaries, work, marriage, land, and so on.^[9] The Besa (personal honor, compare with Latin fides) and nderi (family honor, Latin honor) are of prime importance throughout the code as the cornerstone of personal and social conduct.^[9][12] The Kanun applies to both Christian and Muslim Albanians.^[9]

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 to blood feuds lasting until all men of the two involved families were killed.^[13] In situations of murder, tribal law stipulates the principle of koka për kokë (head for a head) where the relatives of the victim are obliged to seek gjakmarrja (blood vengeance).^[8] However, this is problematic as although entire families have fallen into blood feuds, the Kanun itself explicitly states that only the initial transgressor is to be targeted in a blood feud, not his family. This is seen in article 898, which states, “Në kanû të veter të Malevet të Shqypnis vetem dorërasi bijte në gjak, ase aj, i cilli tëhiqte, shkrepte e shprazte pushken a çdo armë kundra nierit.”^[14] Regarded simply as producers of offspring, women are referred to in a discriminatory manner and not considered worthy targets as such.^[13] In some parts of the country, the Kanun resembles the Italian vendetta.^[15]

These rules resurfaced in the 1990s in Northern Albania, as people had no faith in the powerless local government and police. Some organizations try to mediate between feuding families and get them to “pardon the blood” (Falja e Gjakut), but often the only resort is for adult men to stay in their homes permanently, as they are considered a refuge, or flee the country. Tribal laws also held that thieves would need to pay fines for the relative amount that was stolen.^[8]

Albanian tribes from the Dibër valley known as the “Tigers of Dibra” governed themselves according to the Law of Skanderbeg.^[16]

The Albanian Bytyqi, Gashi, Gruda, Trieshi, Hoti, Kastrati, Kelmendi, Krasniqi, Shkrel, and Kuçi tribes are known to follow the Kanuni i Malësisë së Madhë, a variant of the Kanun. Its implementation extends from these tribal regions around Shkodër to the Highlands of Gjakova.^[17]

Former communist leader of Albania Enver Hoxha effectively stopped the practice of Kanun with hard repression and a strong state police. After the fall of communism some communities tried to rediscover the old traditions, but some of their parts have been lost, leading to fears of misinterpretation. In 2014, there were still Albanian families involved in blood feuds.^{[13][18][19][20][21]}

The Kanun contains several customary concepts that have their origins in paganism, including veneration of the dead, animism, and totemism, which date back long before the period of Lekë Dukagjini.^[23]

Comparing the Kanun with the Iliad and the Odyssey, the Japanese scholar Kazuhiko Yamamoto has concluded that the basic ethical concepts of the stateless social structure of the Homeric Age — ‘faith’, ‘honor’, ‘blood’, ‘revenge’, ‘food’, and ‘guest’ — are the same customary concepts of the Albanian tribal society.

British anthropologist and writer Edith Durham has suggested that the Kanun likely dates back to the Bronze Age.^[27] Other scholars have suggested that it retains elements from Indo-European prehistoric eras.^[28] Others further have conjectured that it may derive from ancient Illyrian tribal laws.^[29]

Family

The second book in the Kanun discusses the concept of family. Article 18 of the Kanun defines the family as a group of human beings who live under the same roof, whose aim is to increase their numbers by means of marriage for their establishment and the evolution of their state, and for the development of their reason and intellect.^[30]

The following article, 19, defines the members of the family. The family consists of the people of the house; as these increase, they are divided into brotherhoods (vllazní), brotherhoods into kinship groups (gjiní), kinship groups into clans (fis), clans into banners (flamur), and all together constitute one widespread family called a nation, which has one homeland, common blood, a common language, and common customs.^[31]

The family, or household, is led by the zot i shpis (lord of the home), who is typically the eldest male in the house, usually the father or grandfather. In the case that no father is present, or is incapable of leading the family, the eldest son is given authority over the home. In the case that no such figures are available, a caretaker is elected via an assembly (kuvend).^[32]

Gjakmarrje

One of the most well known aspects of the Kanun, regardless of the version, is the concept of gjakmarrja (blood feud). The Kanun goes heavily into this concept as it was a significant part of tribal Albanian life. However, the customary laws of blood feuds had not been strictly followed, especially after the decline of the Kanun under Enver Hoxha’s regime. In the Kanun, it states the only person to be targeted and fall into feud is the original transgressor, “dorërasi“, as seen in article 898. The following article, 899, explicitly states that no one else from the transgressor’s family is to be killed, including his immediate male relatives, which have much often been targets of attack in later Albanian feuds.^[33]

Another important part of gjakmarrja, and the Kanun’s views on the value of a human life in general, is that everyone is born equal. A gjakmarrje is started over the murder of anyone, whether male, female, young, old, rich, or poor. However, the Kanun also states that one person’s life is equal only to one life, gjak për gjak (blood for blood). Article 887 states the price for a life is one, as for the good, as for the bad.^[34]

The Kanun also makes clear the only case which can start a blood feud is clear murder. Blood feud is not allowed over accidental killings, nor any other crime, whether one was insulted, cursed, robbed, hit, or had his property damaged/burned. This is pointed out clearly in articles 909-915. ^[35] In article 932, the Kanun states that there is no blood feud over accidental or unintentional killing, which is only punished by fines and compensation.^[36]

In the case of a suicide, article 958 states the blood is gone to waste. There is no justice for one who had committed suicide, and if he were currently targeted in a blood feud, his crimes would be paid for by his family via fines and compensation. ^[37]

In all cases, the Kanun allows for the victim’s family to forgive the transgressor, or seek alternative remedies, such as money. A blood feud goes indefinitely until the matter is settled, either through the vengeful murder of the transgressor, or through fines.

Pritë

In the Kanun, pritë is defined as betraying, or ambushing one with the intent to kill. Such practices are in no way permitted by the Kanun, whether to another Albanian within the state or outside. In the case that someone was ambushed and killed under the Albanian flag, or within the state, all those involved in the ambush are in blood feud with the victim’s family. In the case that the crime was committed outside the nation, to kill someone of another banner, only the one who killed the victim falls in a feud, as stated in articles 822-826.^[38]

See also

References

Works cited

• Arsovska, Jana (2006). “Gender based subordination and trafficking of women”. Kolor. Journal on moving communities – 2006 – Vol. 6 – N.1. Garant. ISBN 978-90-441-2008-0.
• Cancik, Hubert; Schneider, Helmuth (2002). Brill’s New Pauly Encyclopaedia of the Ancient World. Classical Tradition. Brill. ISBN 90-04-14221-5.
• Cullhaj, Florian (2016). Democratization from Within: Political Culture and the Consolidation of Democracy in Post-Communist Albania. Edizioni Nuova Cultura. pp. 222–223. ISBN 978-88-6812-825-8.
• Gawrych, George (2006). The Crescent and the Eagle: Ottoman rule, Islam and the Albanians, 1874–1913. London: IB Tauris. p. 36. ISBN 9781845112875.
• Gjeçovi, Shtjefën; Fox, Leonard, eds. (1989). Kanuni i Lekë Dukagjinit [The Kanun of Lekë Dukagjini]. Translated by Fox, Leonard. Gjonlekaj Publishing Company. ISBN 978-0-9622141-0-3.
• Rushani, Mirie (1997). La vendetta ed il perdono nella tradizione consuetudinaria albanese (in Italian). Religioni e Società. pp. 137–152.
• Trnavci, Genc (2010). “The Interaction of Customary Law with the Modern Rule of Law in Albania and Kosova”. In Sellers, Mortimer; Tomaszewski, Tadeusz (eds.). The Rule of Law in Comparative Perspective. Ius Gentium: Comparative Perspectives on Law and Justice. Vol. 3. Springer Verlag. pp. 201–215. ISBN 978-90-481-3748-0.
• Yamamoto, Kazuhiko (2002). “The Ethical Structure of Homeric Society”. Collegium Antropologicum. 26 (2): 695–709. PMID 12528301.
• Yamamoto, Kazuhiko (2005). The ethical structure of Kanun and its cultural implications. Melosi Design. ISBN 9780972992398.

External links