How are insurance premiums considered a donation to the Takaful fund when the insurance company determines them, and what are the jurisprudential views regarding this consideration?

Takaful fund systems are not all the same. Some are based on the legitimate Islamic cooperative takaful system, in which the nature of the contract between the participant and the body managing the fund is one of agency or ijara (leasing) in handling premiums and covering damages from the accumulated premiums. In this case, compensation is a donation from the participants, and this is the legitimate cooperative insurance.

As for the commercial system based on gharar (uncertainty) and qimar (gambling), in which the fund body owns the premiums paid by the participants in exchange for its undertaking to pay the value of the damage, this is a commutative contract based on gharar and qimar, and it involves neither takaful nor donation.