Imam al-Shafi'i (may Allah have mercy on him) said: "Her 'uqr (that is, the compensation for having intercourse with her, the customary dower) will be taken from him, and there will be no hadd punishment on him, because of the doubt that he owns some share in her (due to his partnership in the booty)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السير / Q18294