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==Etymology==
==Etymology==
The term ''kanun'' ultimately derives from the [[Greek languages|Greek]] "κανών" ("canon"), meaning "rule". It entered [[Albanian language|Albanian]] via [[Ottoman Turkish language|Ottoman Turkish]] (and in turn via [[Arabic language|Arabic]]) and was used by the Ottomans to describe local self-governance customs throughout the empire.<ref>Todorova, M.N. ''Balkan Identities: Nation and memory. NYU Press, 2004. p. 111.</ref>
The term ''kanun'' ultimately derives from the [[Greek languages|Greek]] "κανών" ("canon"), meaning "rule".<ref>Todorova, M.N. ''Balkan Identities: Nation and memory. NYU Press, 2004. p. 111.</ref>


== Pillars of the Kanun ==
== Pillars of the Kanun ==

Revision as of 09:42, 1 July 2010

For other uses, see Kanun (Albania) (disambiguation).

The Kanun[1] is a set of laws existing in Albania since immemorable times. There are five kanuns, according to the area or the personality that codified: Kanuni i Lekë Dukagjinit (English: The Kanun of Lekë Dukagjini), Kanuni i Çermenikës (English: The Kanun of Çermenikë), Kanuni i Papa Zhulit (English: The Kanun of Papa Zhuli), Kanuni i Labërisë (English: The Kanun of Labëria)[2] and Kanuni i Skenderbeut (English: Kanun of Skanderbeg)[3] [4]

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 a synonym of the word kanun. The Kanun of Lekë Dukagjini was developed by Lekë Dukagjini. 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.

Etymology

The term kanun ultimately derives from the Greek "κανών" ("canon"), meaning "rule".[5]

Pillars of the Kanun

The Kanun is based on four pillars:

Development

This set of laws is a customary one, passed down through the generations, and codified by Lekë Dukagjini in the 15th century. According to Ismail Kadare there are similarities between the kanun and the vendetta laws in all the Mediterranean countries. The code was written down only in the 19th century by Shtjefën Gjeçovi. 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, and Exemptions and Exceptions.[6]

Some of the most infamous rules of the Kanun 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 Kanun resembles the Italian vendetta. These rules have recently resurfaced in Northern Albania, since people have 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: 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.

Former communist 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.

The 12 books of the Kanun

The Kanun is composed of 12 books and nearly 1300 articles. The books and their subdivisions are the following:

  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

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

See also

References

  1. ^ From Turkish Kanun, which means law. It is originally derived from the Greek kanôn / κανών as in Canon Law)
  2. ^ R. Zojzi The Code of Labëria ("Kanuni i Labërisë" Tirana (Institute of Folk Culture Archives
  3. ^ Ilia, I.F. Kanuni i Skenderbegut (1993) The Code of Skanderbeg Shkoder Publisher:Archbishop of Shkodra.
  4. ^ Women who become men: Albanian sworn virgins By Antonia Young Page 732([1])
  5. ^ Todorova, M.N. Balkan Identities: Nation and memory. NYU Press, 2004. p. 111.
  6. ^ Religion and Society in Present-Day Albania by Antonia Young

External links

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