A number of medieval civil codes form the basis for Albanian customary law, including the Kanun of Skanderbeg (Skënderbeut), the Kanun of the Mountains (Malsisë së Madhe) and the Kanun of Laberia (Labërisë) (RFE/RL 12 Oct. 2001a; ibid 12 Oct. 2001b; Shkoder.net n.d.) The code most commonly cited is the Kanun of Lekë (Lek) Dukagjinit (Dukagjini) (KLD) (ibid.; RFE/RL 12 Oct. 2001a; MRD Nov. 2002, 341; BBC 5 May 2002; ICG 1 Mar. 2000, 22; Südost-Forschungen 1996; The Observer 21 Sept. 2003). Several reports indicate that in practice Albanians do not always strictly adhere to the Kanun guidelines and may have interpretations of the code (ibid.; ICG 1 Mar. 2000, 23; New York Times Magazine 26 Dec. 1999).

The Research Directorate did not find any contemporary references to a tradition of "wife inheritance" in Albania among the sources consulted. According to the Kanun, a "wife does not have any rights over either the children or the house" (KLD XXXIV, 61b). As a result, she has no right to inheritance in the event of her husband's death; rather, property is bequeathed to a male descendent or relative (ibid., XXXVI, 88, 90-92). Until the male child reaches his fifteenth birthday when he receives his inheritance raights (ibid., XXXVI, 95), his relatives are obliged to care for him.

After the death of her husband, a widow has the right to live in the house of her marriage if she meets the following conditions:

A young woman who becomes a widow, but who has children, and who wants to remain in her husband's house with her children must be guaranteed by two local guarantors: two guarantors must be from the village where she became a widow, and they must state that she had no relations with them and that she did not dishonor the name of her dead husband's parents; two other guarantors must be the woman's parents or cousins, who must state that she will not separate from her children, or that she will not ask to separate from them and remarry.

No one from the brotherhood (vllazni) or clan (fis) of the husband may dare to disturb a woman who has become a widow, without children, and who, at her own initiative, asks her parents to leave her in her husband's house (ibid., XXX, 58).

However, since she is not entitled to either property or an inheritance, title for the house would pass to the husband's eldest brother as defined by Article IX Section 20 of the KLD, which states that "the house belongs to the eldest living [male] under the roof of the house or to his first brother."

A Widow has the right to move from the house of her marriage and remarry if she meets the following conditions:

The woman who remains a widow without children, and who leaves her husband's house may take with her the clothes she brought with her as a bride, as well as the wooden chest (ibid., XXX, 58).

...

The widow has the right:

To arrange her own marriage;

To choose for herself the man who pleases her;

To select the matchmaker who will bring the token of engagement" (ibid., XIV, 36).

The Research Directorate was unable to find reports of blood feuds related to the remarriage of a widow, or determine between which families such a feud would occur. Please consult ALB42373.E of 11 March 2004 for a discussion of the causes of blood feuds, as well as ALB42171.E of 10 December 2003 and ALB42280.E of 22 January 2004 for discussion on available blood feud remedies.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

BBC. 5 May 2002. Mike Donkin. "Eyewitness: Albania's Blood Feuds." http://news.bbc.co.uk/1/hi/world/europe/1964397.stm [Accessed 24 Nov. 2003]

International Crisis Group (ICG). 1 March 2000. Albania: State of the Nation. (ICG Balkans Report No. 87) http://www.crisisweb.org//library/documents/report_archive/A400006_01032000.pdf [Accessed 8 Mar. 2004]

Kanuni I Lekë Dukagjinit (KLD). 1989. Albanian Text Collected and Arranged by Shtjefën Gjeçov, Translated by Leonard Fox. Gjonlekaj Publishing Company: New York

Mountain Research and Development (MRD). November 2002. Vol. 22, No. 4. Shkelqim Bozgo, Xheni Sinakoli and Emin Spahia. "Customary Law, Conflict and Development in the Mountains of Albania."

New York Times Magazine. 26 December 1999. Scott Anderson. "The Curse of Blood and Vengeance." (Albanian Students Association (ALBSA) List Serve 11 Oct. 2001) http://www.alb-net.com/pipermail/albsa-info/2001-October/002361.html [Accessed 23 Oct. 2003]

The Observer [London]. 21 September 2003. Sophie Arie Puke. "Blood Feuds Trap Albania in the Past: Thousands Forced to Take Refuge As Medieval Code Targets Fathers and Sons." (NEXIS)

Radio Free Europe/Radio Liberty (RFE/RL). 12 October 2001a. Jolyon Naegele. "Albania: Blood Feuds-'Blood for Blood' (Part 1)." http://www.rferl.org/nca/features/2001/10/12102001123602.asp [Accessed 24 Nov. 2003]

_____. 12 October 2001b. Jolyon Naegele. "Albania: Blood Feuds-Forgotten Rules Imperil Everyone (Part 3)." http://www.rferl.org/nca/features/2001/10/12102001125212.asp [Accessed 24 Nov. 2003]

Shkoder.net.n.d. Zef Ahmeti. "The Criminal Law in the 'Kanun of Lekë Dukagjini." (Albania The Criminal Law) http://www.shkoder.net/en/kanun_en.htm [Accessed 8 Mar. 2004]

Südost-Forschungen [Munich]. 1996. No. 55. Robert Elsie. Review of Die Stammesgesellschaften Nordalbaniens by Fatos Baxhaku and Karl Kaser, (Cologne 1996). http://www.elsie.de/pub/download_r/R1996Baxhaku.pdf

NEXIS

Searching for Peace in Europe and Eurasia

Internet sites, including: Amnesty International, Albanian National Committee of Women and Family, Association Albania, CEDAW, Dialog, EU Conflict, Frosina Foundation, Gendercide, The Greenwood Encyclopedia of Women's Issues Worldwide (2003), Innocenti Digest, International Helsinki Federation for Human Rights (IHF) Women 2000 report, Network of East West Women, UNICEF.