THE ALBANIAN CUSTOMARY LAW AND THE CANON OF LEKE DUKAGJINI: A CLASH OR SYNERGY WITH MODERN LAW

Genc H. Trnavci, University of Bihac (Bosnia and Herzegovina)

Abstract

Kanuni i Lekė Dukagjinit (The Canon of Lekė Dukagjini) is the most widely known comprehensive summary of traditional Albanian law ever published in Albanian language. For centuries, the Canon of Lekė Dukagjini has strictly governed all important aspects of social life in Kosova and in the secluded and sometimes practically ex-lex regions of Northern Albania. Customary law is however not only characteristic of Albanian culture. In general, customary law endured among all Balkan peoples, particularly in rural environments, until the present day. The Franciscan, Shtiefėn Gjeēovi from Janjevo of Kosova (1874 - 1929), carefully collected and formulated Kanuni. This compilation was later scientifically explored and studied as literature and, in particular, as a work relating to oral literature. Scientists now mostly agree that this ancient unwritten law formed through centuries and that it can not be scientifically (empirically) ascertained that it had been promulgated by the real historical person Lekė Dukagjini. This Canon is most widely known for the predominance of blood feud and vendetta as its intrinsic principles. As it will be demonstrated in this paper, the rules on blood feud form only a very small part of the Cannon and not its core, as is often erroneously believed. The Kanun also allows for the possibility of the blood being redeemed. Women, however, according to these ancient rules, are considered to be of a lower social status: they do not share either the rights and privileges or the responsibilities of men. Kanuni also maintains values that are still considered unquestionable today: these include the given word or “besa,” the sacredness of promise, and the respect for guests and friends.