“…This blood feud marks an epoch when the state did not impose its laws ... and it derived from a very accurate code, without grew areas … in the areas where Kanun was applicable the right for self-justice does not exist…”.
– from the preface of the novel “Broken April”.
“Law and Life”” correspondent:
Mr. Kadare, blood feud has taken an important place in your works. How would you rephrase it today: an Albanian phenomenon, Albanian –Balcanic phenomenon, or a typical phenomenon present in any society in transition?
Ismail Kadare:
Blood feud is a deep-rooted phenomenon, not only in the Balkan countries but worldwide. It is not true that it is only an Albanian specialty, as it’s presented. Blood feud was present since the Greek antiquity. Several times, I have stressed that a part of the Greek tragedies dwell on this universal phenomenon, which is known in all countries. It is a sin for Albanians to accept this negative phenomenon as pertaining only to their world. For this reason, it should be clear to everybody that although in our country blood feud has continued to exist as an institution for a longer period of time, it still exists in Corsica of France, southern Italy as well as in isolated areas in the world.
“Law and Life” correspondent:
What comments would you add about the phenomena of blood feud in addition to what you have described in your novel “Broken April”, published in the late 70s?
Ismail Kadare:
I think blood feud nowadays in Albania is explained as a reaction towards the strict prohibition of Kanun, set by law during communism; Kanun was taken as a “good custom” that should be revived. But it is a custom that shouldn’t be revived. What is happening is not related to the Albanian Kanun and is very barbarian: it is done with kallashnikov. This is a very horrendous, sad and it should be finished because it is a shame for the Albanian nation, today. The isolation of hundreds of women and children inside the houses due to the blood feud is horrible and incredible.
“Law and Life” correspondent:
What is your interpretation of Kanuan nowadays?
Ismail Kadare:
This is an old legal custom code, created in specific historical conditions. In the absence of the state it is the public opinion that takes its role. This has become part of the history of Albanians. Kanun is a vanished code that should not exist in the modern times. Many people have lived according to this code. Our public opinion should do its best and our emancipation should exclude this code, because we have judicial-state institutions in place. Obviously, this code has become part of the history. It cannot be judged either as good or bad.
“Law and Life” correspondent:
Abolishing capital punishment is one of the conditions set to us for joining EU. Is this sufficient enough for Albanians to deny the Kanun?
Ismail Kadare:
There are different opinions about this, but I do not think that abolishing capital punishment is a sign of high level of democratization, as well as applying this punishment can not demonstrate the contrary. Every country has acted according to its own circumstances. European countries made this judgment and we have obeyed their will. There is nothing wrong in this. The United States of America still applies this punishment. This is a democratic state that can live very well with this code, just like it can very well live without it. I do not think that this matters as much as often it’s commented. It does not have the influence that some like to vest on it. In 1912 Albanians established their state. Even after this Kanun continued to be present in the everyday life, as well as regarding issues that required judicial action.
“Law and Life” correspondent:
Do you think that through Kanun we can establish order?
Ismail Kadare:
This is a parallel tool of justice that cannot co-exist with the state justice, in no state of order, in no country. It is true that Kanun respects the rules, with highest fanatics, but they are custom rules. Custom rules differ from state rules. In some cases they may co-exist, but Kanun cannot challenge state rules, or Kanun cannot replace state implementation power. |